My Car Was Hit and Their Insurance Won’t Pay in California

cartwrightlaw - November 12, 2024 -

Has someone hit your car in San Francisco, California, and now their insurance company won’t pay for the damage? In a “fault state” for car accidents, the at-fault driver’s insurance pays for damages, but if their insurance denies the claim, you can file with your own insurer or take legal action.

If you’re in a situation where my car was hit and their insurance won’t pay California laws provide a way to pursue compensation. If you or a loved one is dealing with such a situation, an experienced San Francisco car accident attorney will help you get the compensation you deserve.

Understanding California Insurance Law

California has special laws about car insurance meant to protect drivers when accidents happen. It’s important to know these laws so you can stand up for your rights.

In California, every driver must have car insurance. This insurance helps pay for damage or injuries if you get into an accident. But sometimes, insurance companies try to avoid paying, even when they should. Knowing your rights can help you make sure you get the coverage you deserve.

Is California a No-Fault State?

No, California is not a no-fault state. This means that after a car accident, the at-fault party’s insurance is responsible for paying for the damages. In contrast to no-fault states, where each driver’s insurance covers their own losses, California requires that the driver who is determined to be at fault pay for the damages caused.

Because California uses a fault-based system, it’s crucial to establish who was responsible for the accident. Finding yourself in a situation where you’re thinking, ‘My car was hit, and their insurance won’t pay’? In California, this scenario happens frequently, often due to the other driver’s insurance disputing liability or challenging the available evidence.

California as a Fault State for Car Accidents

California is a “fault state” for car accidents. This means that the person who caused the accident is responsible for paying for the damage. If someone hits your car, their insurance should cover your repairs and any medical bills.

But what if the other driver’s insurance company says no? Don’t worry; you still have options. 

First, you can file a claim with your own insurance company. They may cover the costs and then pursue reimbursement from the at-fault driver’s insurer. 

If that doesn’t work, you can consider taking legal action. Hiring a lawyer can help you navigate the process and fight for your rights in court. 

Minimum Insurance Requirements in California

In California, the law requires all drivers must have at least:

• $15,000 for injury or death to one person
• $30,000 for injury or death to more than one person
• $5,000 for damage to property

This is the minimum amount of insurance a driver must have. Many people choose to get more insurance to be extra safe. Having more coverage can help protect you better if an accident happens.

How Fault Is Determined in Car Accidents

After an accident, someone needs to figure out who caused it. This is called determining fault. Usually, the police and insurance companies do this by:

• Examining the damage to the cars. Experts carefully look at the damage to each vehicle to understand how the accident happened and which driver may be at fault. 
• Reviewing the police report. The police report includes important details such as the officers’ observations, any citations issued, and sometimes diagrams of the accident scene. 
• Talking to witnesses. Witnesses can provide an unbiased account of what they saw happen. Their statements can help clarify the events leading up to the accident and support the evidence from the vehicles and the police report.
• Checking traffic cameras if available. Traffic cameras can provide video evidence of the car accident. This footage can show the exact moment of the collision and help determine which driver was at fault. 

Sometimes, both drivers might be partly at fault. In San Francisco, CA you can still receive compensation even if you were partly to blame for the accident. 

What Happens If the Other Driver Was at Fault?

When the other driver is clearly at fault in a car accident, but their insurance company refuses to pay, there are several strategies to secure compensation. As previously mentioned, California law mandates that all drivers carry minimum liability insurance to cover potential damages in an accident. Even with these requirements, insurance companies sometimes deny valid claims. In such cases, several paths can lead to recovery:

File a Claim with Your Own Insurance
When the at-fault driver’s insurance won’t pay, turning to your own insurance can be an effective option. Policies like collision coverage or uninsured/underinsured motorist coverage (if included in the policy) can help pay for repairs or medical costs. Once the claim is settled, the insurer may then pursue subrogation, where they attempt to recover the amount from the at-fault driver’s insurance company. This approach often allows you to manage repair costs and medical expenses sooner, helping avoid out-of-pocket expenses while waiting for a decision from the other party’s insurance.

Legal Action
If the insurance company refuses to offer a fair settlement or denies the claim outright, legal action may be necessary. A personal injury attorney specializing in car accidents can negotiate directly with the insurance company on your behalf. Lawyers with experience in California’s fault-based system can help ensure that the insurer honors its obligations. If negotiations fail, a lawsuit can be filed to recover the compensation that is rightfully owed. This legal route can be especially effective when additional expenses are involved, such as lost wages or long-term medical care, ensuring comprehensive financial recovery.

In situations where the fault is disputed, having legal representation can assist you in gathering additional evidence to bolster the case. As Enjuris points out, documentation like witness statements, expert testimony, and detailed accident reports can significantly strengthen claims and increase the likelihood of a favorable outcome. Attorneys can also help identify crucial evidence that might otherwise be overlooked, supporting a thorough case strategy.

The key is to act swiftly and strategically, especially in complex cases where the insurance company disputes liability or offers an inadequate settlement. Taking prompt steps can prevent delays in receiving compensation and increase the chances of a successful resolution, particularly when facing resistance from insurers.

What Happens If I Caused the Accident?

Being responsible for an accident can lead to legal and financial consequences, but California’s comparative negligence rule allows for shared responsibility between parties. This means that fault can be divided, and even the party who caused the accident may still recover some damages. For example, if a driver is determined to be 30% at fault, they can still recover 70% of the total damages. However, the other party’s insurance may try to increase that percentage of fault to reduce their liability.

Here’s the text with 15 additional words:

In cases where the accident was entirely one driver’s fault, that driver’s insurance will be responsible for covering damages. Liability insurance is designed to cover the other party’s medical expenses, property damage, and other associated costs. Additionally, having collision coverage can help pay for damage to the at-fault driver’s own vehicle, minimizing out-of-pocket expenses and ensuring that repair costs are managed more efficiently.

If the at-fault party lacks sufficient insurance or coverage, they may face out-of-pocket expenses for damages. California requires drivers to carry minimum liability coverage, but in serious accidents, these minimums may not be enough to cover all damages. In such cases, legal consequences, including lawsuits, may arise if there are significant damages or injuries involved. The financial impact of being at fault in an accident can be significant, especially without adequate insurance coverage.

Navigating Through the Insurance Claim Process

If the other driver’s insurance won’t pay, here are some steps you can take:

• Gather all the evidence you can about the accident. This includes taking photos of the damage, obtaining a copy of the police report, and collecting witness statements. You can request a collision report from the California Highway Patrol (CHP) if one was filed.
• File a claim with your own insurance company. Even if the other driver is at fault, your insurance may cover the damages, and you may seek reimbursement from the at-fault driver’s insurer.
• Consider hiring a lawyer to help you. A car accident attorney can provide expert advice and represent you in negotiations with the insurance company. 
• File a complaint with the California Department of Insurance. If you believe the insurance company is acting unfairly, you can file a complaint to have the issue investigated.
• As a last resort, you might need to go to small claims court. This option allows you to present your case before a judge and seek compensation directly from the at-fault driver.

Contact an Experienced San Francisco Car Accident Attorney Today: Get Help When Insurance Won’t Pay

If you or a loved one is in this situation, talk to a car accident attorney from The Cartwright Law Firm, Inc., who will guide you through the process.  

Keep all your documents and evidence about the accident in a safe place, and don’t agree to any deals without consulting a lawyer first. Call us at (415) 851-6486 or contact us online for a free case review. 

Has someone hit your car in San Francisco, California, and now their insurance company won’t pay for the damage? In a “fault state” for car accidents, the at-fault driver’s insurance pays for damages, but if their insurance denies the claim, you can file with your own insurer or take legal action.

If you’re in a situation where my car was hit and their insurance won’t pay California laws provide a way to pursue compensation. If you or a loved one is dealing with such a situation, an experienced San Francisco car accident attorney will help you get the compensation you deserve.

Understanding California Insurance Law

California has special laws about car insurance meant to protect drivers when accidents happen. It’s important to know these laws so you can stand up for your rights.

In California, every driver must have car insurance. This insurance helps pay for damage or injuries if you get into an accident. But sometimes, insurance companies try to avoid paying, even when they should. Knowing your rights can help you make sure you get the coverage you deserve.

Is California a No-Fault State?

No, California is not a no-fault state. This means that after a car accident, the at-fault party’s insurance is responsible for paying for the damages. In contrast to no-fault states, where each driver’s insurance covers their own losses, California requires that the driver who is determined to be at fault pay for the damages caused.

Because California uses a fault-based system, it’s crucial to establish who was responsible for the accident. Finding yourself in a situation where you’re thinking, ‘My car was hit, and their insurance won’t pay’? In California, this scenario happens frequently, often due to the other driver’s insurance disputing liability or challenging the available evidence.

California as a Fault State for Car Accidents

California is a “fault state” for car accidents. This means that the person who caused the accident is responsible for paying for the damage. If someone hits your car, their insurance should cover your repairs and any medical bills.

But what if the other driver’s insurance company says no? Don’t worry; you still have options. 

First, you can file a claim with your own insurance company. They may cover the costs and then pursue reimbursement from the at-fault driver’s insurer. 

If that doesn’t work, you can consider taking legal action. Hiring a lawyer can help you navigate the process and fight for your rights in court. 

Minimum Insurance Requirements in California

In California, the law requires all drivers must have at least:

• $15,000 for injury or death to one person
• $30,000 for injury or death to more than one person
• $5,000 for damage to property

This is the minimum amount of insurance a driver must have. Many people choose to get more insurance to be extra safe. Having more coverage can help protect you better if an accident happens.

How Fault Is Determined in Car Accidents

After an accident, someone needs to figure out who caused it. This is called determining fault. Usually, the police and insurance companies do this by:

• Examining the damage to the cars. Experts carefully look at the damage to each vehicle to understand how the accident happened and which driver may be at fault. 
• Reviewing the police report. The police report includes important details such as the officers’ observations, any citations issued, and sometimes diagrams of the accident scene. 
• Talking to witnesses. Witnesses can provide an unbiased account of what they saw happen. Their statements can help clarify the events leading up to the accident and support the evidence from the vehicles and the police report.
• Checking traffic cameras if available. Traffic cameras can provide video evidence of the car accident. This footage can show the exact moment of the collision and help determine which driver was at fault. 

Sometimes, both drivers might be partly at fault. In San Francisco, CA you can still receive compensation even if you were partly to blame for the accident. 

What Happens If the Other Driver Was at Fault?

When the other driver is clearly at fault in a car accident, but their insurance company refuses to pay, there are several strategies to secure compensation. As previously mentioned, California law mandates that all drivers carry minimum liability insurance to cover potential damages in an accident. Even with these requirements, insurance companies sometimes deny valid claims. In such cases, several paths can lead to recovery:

File a Claim with Your Own Insurance
When the at-fault driver’s insurance won’t pay, turning to your own insurance can be an effective option. Policies like collision coverage or uninsured/underinsured motorist coverage (if included in the policy) can help pay for repairs or medical costs. Once the claim is settled, the insurer may then pursue subrogation, where they attempt to recover the amount from the at-fault driver’s insurance company. This approach often allows you to manage repair costs and medical expenses sooner, helping avoid out-of-pocket expenses while waiting for a decision from the other party’s insurance.

Legal Action
If the insurance company refuses to offer a fair settlement or denies the claim outright, legal action may be necessary. A personal injury attorney specializing in car accidents can negotiate directly with the insurance company on your behalf. Lawyers with experience in California’s fault-based system can help ensure that the insurer honors its obligations. If negotiations fail, a lawsuit can be filed to recover the compensation that is rightfully owed. This legal route can be especially effective when additional expenses are involved, such as lost wages or long-term medical care, ensuring comprehensive financial recovery.

In situations where the fault is disputed, having legal representation can assist you in gathering additional evidence to bolster the case. As Enjuris points out, documentation like witness statements, expert testimony, and detailed accident reports can significantly strengthen claims and increase the likelihood of a favorable outcome. Attorneys can also help identify crucial evidence that might otherwise be overlooked, supporting a thorough case strategy.

The key is to act swiftly and strategically, especially in complex cases where the insurance company disputes liability or offers an inadequate settlement. Taking prompt steps can prevent delays in receiving compensation and increase the chances of a successful resolution, particularly when facing resistance from insurers.

What Happens If I Caused the Accident?

Being responsible for an accident can lead to legal and financial consequences, but California’s comparative negligence rule allows for shared responsibility between parties. This means that fault can be divided, and even the party who caused the accident may still recover some damages. For example, if a driver is determined to be 30% at fault, they can still recover 70% of the total damages. However, the other party’s insurance may try to increase that percentage of fault to reduce their liability.

Here’s the text with 15 additional words:

In cases where the accident was entirely one driver’s fault, that driver’s insurance will be responsible for covering damages. Liability insurance is designed to cover the other party’s medical expenses, property damage, and other associated costs. Additionally, having collision coverage can help pay for damage to the at-fault driver’s own vehicle, minimizing out-of-pocket expenses and ensuring that repair costs are managed more efficiently.

If the at-fault party lacks sufficient insurance or coverage, they may face out-of-pocket expenses for damages. California requires drivers to carry minimum liability coverage, but in serious accidents, these minimums may not be enough to cover all damages. In such cases, legal consequences, including lawsuits, may arise if there are significant damages or injuries involved. The financial impact of being at fault in an accident can be significant, especially without adequate insurance coverage.

Navigating Through the Insurance Claim Process

If the other driver’s insurance won’t pay, here are some steps you can take:

• Gather all the evidence you can about the accident. This includes taking photos of the damage, obtaining a copy of the police report, and collecting witness statements. You can request a collision report from the California Highway Patrol (CHP) if one was filed.
• File a claim with your own insurance company. Even if the other driver is at fault, your insurance may cover the damages, and you may seek reimbursement from the at-fault driver’s insurer.
• Consider hiring a lawyer to help you. A car accident attorney can provide expert advice and represent you in negotiations with the insurance company. 
• File a complaint with the California Department of Insurance. If you believe the insurance company is acting unfairly, you can file a complaint to have the issue investigated.
• As a last resort, you might need to go to small claims court. This option allows you to present your case before a judge and seek compensation directly from the at-fault driver.

Contact an Experienced San Francisco Car Accident Attorney Today: Get Help When Insurance Won’t Pay

If you or a loved one is in this situation, talk to a car accident attorney from The Cartwright Law Firm, Inc., who will guide you through the process.  

Keep all your documents and evidence about the accident in a safe place, and don’t agree to any deals without consulting a lawyer first. Call us at (415) 851-6486 or contact us online for a free case review. 

Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.

Robert E. Cartwright Jr.
Founder and Managing Partner