Holland & Holland Law Offices

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Should I Ever Provide A Recorded Statement To The At Fault Party’s Insurance?There are times when we need to do recorded statements. Especially if there’s a question of liability in a case, whether someone ran a red light or turned in front of somebody else, we make these statements with our clients in our office.

We’re on the line with the clients and the adjusters to ensure they’re not asking more than they’re entitled to do their investigation to find out who is at fault for the accident.

Suppose you don’t make a recorded statement. In that case, the insurance companies will only be able to use their information, which would be from their insured. They will frequently find their party’s not at fault when that’s the case.

What Does Comparative Negligence Mean In Terms Of Determining Liability In California?

Comparative negligence is when you are partially at fault; that percentage will reduce your settlement.

For example, if you are found 25% negligent, your settlement will only be 75% of the value of your case. Essentially, the other party, who’s 75% at fault, would pay for 75% of your injuries and the value of your case. You’re responsible for the 25% that you were at fault.

What Must I Prove To Win My California Car Accident Case?

In California, you’ve got to prove that the other party was negligent and that they were at fault. Also, there are two parts to a case:

  • What percentage of responsibility (liability) does each party have?
  • What are the damages?

If somebody is negligent and they’re 100% at fault, you still need to prove that the injuries are because of that party’s negligence. You also need to demonstrate that that party’s negligence caused the injuries and that the treatment you needed was reasonably related and necessary.

Can I Sue For Wrongful Death After A Car Accident In Southern California?

A wrongful death would be the legal cause of action. The person who can bring forth the wrongful death claim would be the descendant of the killed party. Any relatives, surviving children’s spouse, or parents can assert wrongful death claims.

What Happens If An Uninsured Driver Hits My Car In California?

If you’re hit by an uninsured driver and injured, we would need to look at your auto insurance policy for the vehicle to get fixed. You would need collision coverage where you’d have to pay your deductible.

Suppose you have an uninsured motorist property damage. In that case, the limit is $3,500, and you’d be able to use at least that much towards getting your car fixed if you did not have compensation.

On the injury side of things, we would look at your uninsured motorist coverage for bodily injury, which would be able to be used for whatever your limits are there to get you a settlement for the damages caused by the uninsured.

Do Insurance Companies Go After Uninsured Drivers In California?

The insurance companies will go after them to try and get their money back from whatever they’ve paid out on a claim, whether they recover or not. It is tough if somebody doesn’t have insurance; generally, there are no assets to go after to get the money back.

What Are The Car Insurance Requirements In California?

In California in 2022, the insurance requirements currently are the liability of $15,000 for one person and over $30,000 for two or more in an accident with $5,000 property damage.

However, a bill in the California Senate is currently looking to raise the limits to $30,000 over $60,000 for bodily injury, with $15,000 being a new property damage limit.

For more information on Providing A Recorded Statement To Insurance, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 600-0807 today.

Holland & Holland Law Offices

Call For A Free Consultation
(562) 600-0807