In California, if you are involved in an accident and your vehicle sustained damage, you can sue the negligent party for compensation. It is imperative that you understand your legal rights and responsibilities after a crash to ensure you protect your ability to recover compensation. Work with a skillful San Mateo County, California motor vehicle accident lawyer for experienced advice and representation today.
Is California a No-Fault Accident State?
No, California is not a no-fault accident state. In no-fault states, all parties involved in a car crash must file a claim with their own insurance first to recover compensation for medical expenses, lost wages, and other injury-related expenses.
California, however, is an at-fault or tort state. This means that the driver who is found legally responsible for causing the accident is liable for the injuries and damages resulting from the collision.
After a car accident, you may have many damages besides physical injuries. It is important to protect your right to compensation for repair costs, replacement if your vehicle is totaled, rental car reimbursement, the diminished value of your vehicle, and more.
Can I Sue for Damage to My Vehicle After an Accident in CA?
Yes, if you were involved in an accident and sustained damage to your vehicle, you can sue the at-fault party, but you will likely start with an insurance claim. You can file a claim against the at-fault party’s liability insurance for compensation. However, if liability is contested, the at-fault driver is uninsured, or the at-fault driver’s policy does not cover the entirety of your expenses, your next step is generally to file a lawsuit against the driver.
In order to successfully bring a lawsuit against the at-fault driver, you must prove their negligence. This can be done by establishing the following.
- The driver owed you a duty of care to drive safely
- The driver breached the duty of care through their actions or inaction
- The breach of duty directly caused or contributed to the accident
- You suffered real damages as a result
You should work with a skilled auto accident attorney to gather and present evidence demonstrating the above, which will help prove the driver’s negligence and allow you to be awarded compensation for your various damages.
What is the Statute of Limitations for Property Damage?
California sets certain deadlines for the initiation of legal action after an accident or incident. Understanding these time limits is crucial to ensure that you do not miss out on your opportunity to recover compensation.
In California, the statute of limitations for property damage is 3 years from the date that the accident took place. You have 3 years to file a lawsuit for the damage your vehicle and other personal property sustained; otherwise, you forfeit the right to pursue compensation.