How Do California Insurance Companies Assign Fault In A Car Accident?

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California is a fault-based state when it comes to car accidents. This means that the driver who was responsible for the crash will also be liable for almost all of the damages. Because of our state’s auto accident laws, many drivers wonder whether they could be eligible for compensation after sustaining injuries in a car accident. Our knowledgeable law firm has all the answers you’re looking for! Continue reading this blog to find out the methods that insurance companies use to assign fault in car accidents. For further information, you may also reach out to a San Mateo County, California Car Accident Lawyer for individualized legal counseling.


If you are ever involved in a car accident, you should keep in mind that your auto insurance company is a business above all else, meaning your insurer might not always protect your best interests. Each driver’s auto insurer will investigate to figure out what happened leading up to the crash in order to prove fault. The insurance companies then use this evidence to determine how much they owe their client for damages from the accident. Some of the most common pieces of evidence that an insurance company might use include:

  • The police report from the accident
  • Hospital records that show the extent of injuries
  • Witness testimonies, including from everyone involved in the crash
  • Surveillance footage showing the accident or what led up to it
  • Photos and videos of the accident or the damages


The answer to this question depends on the circumstances of your specific accident. If the accident was due to another driver’s negligence, you might be able to earn compensation from their insurance. Negligence is when someone acts irresponsibly and causes a preventable accident that presents harm to the general public. An example of negligence in a car accident would be driving under the influence of drugs or alcohol. You might also be eligible for restitution if another driver was more than 50% responsible for the car accident. After any auto collision, police officers should arrive at the scene to determine who caused the crash.

Have you recently been involved in a car accident caused by another driver’s irresponsible actions? If so, you might be looking for a dedicated personal injury attorney who can help you to protect your best interests. Thankfully, our highly experienced legal team is on your side every step of the way! Contact the Law Offices of Allister R. Liao today for an initial consultation.

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