Auto accidents are stressful and dealing with the aftermath of a collision can be as frustrating and inconvenient as the accident itself. Fault is one of the most important factors in a car accident, especially when dealing with insurance claims later on. If you were involved in an accident that wasn’t your fault, you may be wondering whether your insurance rates will go up. For more information and to obtain skilled representation during your claim or lawsuit, consult with an experienced San Mateo County, California motor vehicle accident lawyer today.
Is California a No-Fault Accident State?
While many states are transitioning to no-fault laws, California follows a fault-based system. This means that the driver who was responsible for causing an accident is generally liable for the associated damages.
If you were involved in a car accident that was the other driver’s fault, you would typically file a claim with the at-fault driver’s insurance company. You can also file a claim with your own insurance provider through collision coverage or uninsured motorist coverage, but in general, you have the right to pursue a claim through the negligent party.
Will My Insurance Rates Go Up if the Accident Wasn’t My Fault?
When a driver causes an accident, whether through their recklessness or negligent behavior, it is safe to assume that their insurance rates will increase. But what if the accident wasn’t your fault?
Because California is a fault state, insurance providers are prohibited from raising your rates for an accident that you were not responsible for. So no, generally your rates will not increase after an accident that the other driver caused.
However, depending on the specific circumstances other legal principles may come into play.
What is Comparative Negligence?
Comparative negligence is a legal concept that allows multiple parties to share liability for an accident. Under California’s comparative negligence laws, even if the accident was mostly caused by the other driver, if you contributed in any way then you can be assigned a percentage of the blame.
If the accident was not your fault then it is less likely that your insurance rates will go up. However, if you are assigned even 1% responsibility for the crash, it is possible that you will see a slight increase.
You could be allocated a percentage of the blame for a crash if you were negligent in some way that made the accident or damages worse. For example, if the other driver ran a red light and collided with your vehicle, they will face the majority of the blame. However, if you were speeding or not wearing a seatbelt, it likely exacerbated the collision and your injuries.
It is important to note that even if you are partially at fault, you can still collect compensation. However, you can incur consequences like an increase in insurance premiums. For more information, consult with a knowledgeable attorney today.
