Does California have no fault insurance or are medical claims handled by bodily injury liability?

January 3, 2022
Barrios Machado

Does California have no fault insuranceCalifornia is an at-fault state, rather than a no-fault state. In an at-fault state, the person who caused the accident is also responsible for the damages he or she caused, according to the limits of their insurance coverage.

All registered car owners in a no-fault insurance state are required to maintain no-fault insurance policies from which they seek coverage in the event of an accident, regardless of whether they or someone else caused the accident.

Because California is an at-fault state, injured parties must file auto accident claims with the at-fault driver's insurance provider. This means they must identify the at-fault driver and prove his or her negligence during the insurance claim process. It may be more difficult to obtain insurance benefits as a result of this.

How Do At-Fault Laws Work?

You can submit a claim against the responsible party if you are injured in an auto accident in an at-fault state. You must prove fault in order to receive compensation from the other party's insurance provider. It's critical that you and your attorney do a comprehensive investigation into your claim and acquire information that supports your claim, such as:

  •    The police report
  •    Testimony from eyewitnesses
  •    Damage to property costs
  •    Photographs of the accident site, including vehicle damage, skid marks, road signs, and other details.
  •    The accident video

If your claim is approved, you can be reimbursed for medical bills, lost earnings, and non-economic damages.

Bodily Injury Liability Insurance in California

Drivers and vehicle owners in California are required by law to have bodily injury liability insurance that complies with the state's minimum requirements. This coverage is designed to indemnify third parties who have been injured as a result of the insured's negligent actions.

California's minimum insurance requirements are $15,000 per person, $30,000 per accident in bodily injury liability insurance, and $5,000 in property damage liability insurance. In an at-fault state, an injured motorist can seek financial compensation from another driver, regardless of the degree of his or her injuries.

Uninsured/underinsured motorist (UM/UIM) coverage can also be added to your insurance. When an uninsured motorist hits you, uninsured motorist coverage can pay for your damages. Underinsured motorist coverage kicks in if the at-fault driver's insurance limits aren't high enough to cover all of your losses.

What does a California bodily injury liability insurance cover?

California bodily injury liability insurance pays for an injured person's medical bills, non-economic losses such as pain and suffering, and other damages resulting from the accident up to the at-fault driver's policy limits.

If an injured person is unable to work due to their injuries, bodily injury liability insurance will compensate their loss of past income as well as future lost earning capability.

Other damages covered by bodily injury liability insurance

Bodily injury liability coverage can cover (but is not limited to) the following losses:

  •    The cost of ambulance service
  •    Emergency room expenses
  •    Bills from the hospital and other medical expenses
  •    Bills such as doctor's fees and other medical expenses
  •    MRIs and X-rays
  •    Occupational or physical therapy
  •    Chiropractor's Fees
  •    Dental bills incurred as a result of broken teeth
  •    Prosthetics
  •    Short-term or long-term care (for example, home health aides), as well as
  •    Funeral costs

Contact a Skilled Southern California Car Accident Lawyer

Contact Barrios & Machado for legal assistance if you need help comprehending California's at-fault auto accident statutes after an injury. Hiring an experienced auto accident attorney has a number of advantages, including transacting with insurance companies, establishing accountability, and presenting proof to back up your claim.

Call us today at (714) 515-9696 to schedule a free case evaluation to prove your case and ensure you receive the damages you deserve.

Have Questions? Get in Touch.

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