Who Can File Auto Accident Claims In The State Of California?

Posted by Sean Simpson on December 20th, 2018

If a car accident happens, there is usually at least one person who received some kind of damages. These damages can be:

• Injuries
• Property damage

That means that the person who suffered damages can file a claim against the liable party, and if proven to be a victim, get compensation for (all) damages.

The most common question is the following: Who can file auto accident claims in the state of California? Here are some facts and tips that will help you understand the answer to the question.

The Victim

Usually, after a car accident, the police arrive on the scene and start crafting a report. This police report will have all the details given by both parties involved (assuming that there were only 2 parties involved). The police report will be used to determine the person responsible for causing the accident. Additionally, the attorneys of both parties may conduct an investigation to determine the person responsible for causing the accident. Once the investigation is done, the evidence gathered will be used to prove that one (or both) parties are to blame.

So, when a fault is determined, whoever is not 100 percent at fault of causing the accident, may file a car accident claim. That means that even the person who is 80 percent responsible for causing the accident can file a claim to recover those 20 percent of damages.

If there is a clear evidence that one side is 100 percent at fault for causing the accident, the victim has every right to seek compensation for all the damages he or she suffered.

Pedestrian

There are a lot of car accidents involving pedestrians in California. Most of them end up with an injured pedestrian and some damage to the driver’s vehicle. If the pedestrian was a victim and not responsible for causing the accident (crossing the street at the wrong place, being reckless while walking or running down the street), the pedestrian may file an auto accident claim against the person who was driving the car that hit him (the pedestrian).

The Car Accident Lawyer in San Diego advise you to seek immediate representation if you have been hit by a vehicle.

Bicyclists

Sadly, there are many car accidents where one of the parties involves was a bicyclist. For that reason, as long as the bicyclists was a victim, he or she may file a car accident claim against the car driver and seek compensation for injuries. Compensation is usually issued for:
Medical costs

Property damage

Pain and suffering

It is important to understand that not all insurance companies are willing to simply hand you over the compensation. For that reason, you should consult with Personal Injury attorney Near San Diego right after the accident and seek their help in securing your compensation. They will help you evaluate your case and hire additional experts to help you obtain the funds you are entitled to.

As long as you were involved in a car accident, as long as you are a victim (regardless of what you were doing at the moment or what means of transport you were using), you have the right to file a claim against the person responsible for causing the accident.