Reader’s Question:

I had to take on some of the expenses following an accident. I’m thinking of filing an appeal to my California car insurance company to reimburse for the amount I paid. Why is it that sometimes when filing for car insurance claims, only a minimal amount is paid?

Edward

San Francisco, CA

The State of California has recently implemented the comparative negligence law. This law states that all individuals involved in a traffic accident have a contribution or are partly to be blamed for the accident. This system believes that liability is based on fault, and that the degree of fault or responsibility should dictate the degree of liability.

In this system, one can still make car insurance claims from his or her car insurance company even if he or she was declared to have demonstrated greater negligence which resulted in the accident. This essentially means that any party can collect for damages but the percentage of his or her fault will be deducted from the total amount. For instance, the damage summed up to $20,000. If the first party was declared to be 20% at fault, he or she will only get to receive $16,000 for damages. Determining who is at fault in an accident may be difficult and problematic. Typically, long court litigations ensue and the victims are left unattended. In your case, though, it may be because you were declared to have a higher percentage of negligence and was only extended the amount equivalent to your negligence. Seek the advice of your car insurance agent. Or better yet, engage the services of a lawyer with extensive experience on comparative negligence law.

Tags: auto insurance claims, car insurance law, traffic violation