What Happens If the Insurance Company Blames You for a California Car Accident?

Being involved in a car accident is stressful enough without an insurance company claiming that you were responsible for the crash. Unfortunately, this is a situation many California drivers face after an accident. An insurance company may argue that you were speeding, following too closely, distracted, changing lanes improperly, or otherwise contributed to the collision.

But an insurance company’s decision to blame you does not automatically mean you are responsible for the accident or that you cannot recover compensation.

California follows a comparative fault system, which means responsibility for a car accident can be divided between the people involved. If you were partially responsible for your injuries, your compensation may be reduced by your percentage of fault rather than eliminated entirely.

If you have been injured in a California car accident and the insurance company is blaming you, understanding your rights can be an important first step.

Why Would an Insurance Company Blame You for a Car Accident?

Insurance companies investigate accidents to determine who they believe is responsible. However, the insurance company’s position may not tell the entire story.

An adjuster may review the police report, statements from drivers and witnesses, photographs, vehicle damage, traffic laws, medical records, and other evidence. Based on that information, the insurance company may attempt to assign some or all of the blame to you.

For example, the insurance company might claim that:

• You were speeding before the collision.
• You were following the other vehicle too closely.
• You failed to yield the right of way.
• You were distracted while driving.
• You made an unsafe lane change.
• You stopped suddenly.
• You were driving aggressively.
• Your actions contributed to the severity of your injuries.

In some cases, an insurance company may attempt to minimize a claim by arguing that the injured driver was partially responsible.

That is why it is important not to assume that the insurance company’s initial determination is final.

California Uses Comparative Fault

California’s comparative fault rules are particularly important when an insurance company claims you contributed to a car accident.

Under California’s comparative negligence system, a person’s recovery can be reduced according to the percentage of responsibility assigned to that person. California’s official civil jury instructions explain that if a plaintiff’s negligence contributed to the harm, the plaintiff’s damages may be reduced by the percentage of responsibility assigned to the plaintiff.

For example, imagine you were injured in a collision and your total damages were determined to be $100,000. If you were ultimately found to be 20% responsible for the accident, your damages could potentially be reduced by 20%, leaving a $80,000 recovery.

The important point is that being partially at fault does not necessarily mean you receive nothing.

The actual determination of fault depends on the facts and evidence of the individual accident.

The Insurance Company’s Opinion Is Not the Final Word

One of the biggest mistakes an accident victim can make is assuming that an insurance adjuster’s statement automatically determines legal responsibility.

It does not.

Insurance companies have a financial interest in limiting the amount they pay on claims. Their adjusters may be looking for evidence that can be used to reduce or deny a settlement.

This is one reason an injured person should be careful about making statements immediately after an accident.

A simple statement such as “I didn’t see the other car” or “Maybe I was going a little fast” could potentially be taken out of context and used to support an argument that you were negligent.

You should provide truthful information, but you should also avoid speculating about who caused the accident before all of the facts are known.

Evidence Can Make a Difference in a California Car Accident Claim

When fault is disputed, evidence can become extremely important.

Depending on the circumstances, evidence in a California car accident case may include:

• Police reports
• Photographs and videos of the accident scene
• Vehicle damage photographs
• Traffic or surveillance camera footage
• Statements from witnesses
• Dashcam recordings
• Vehicle event data
• Accident reconstruction evidence
• Medical records
• Documentation of lost wages
• Cellphone or electronic records when legally relevant
• Road, weather, and traffic conditions

An experienced personal injury attorney can investigate the circumstances surrounding the collision and determine what evidence may support your version of events.

Sodhi Law Group explains that its personal injury team investigates accidents, gathers evidence, reviews medical records, works with experts when necessary, and negotiates with insurance companies on behalf of injury victims.

What If Both Drivers Were Partially Responsible?

California law recognizes that more than one person can contribute to an accident.

For example, another driver may have been speeding when they rear-ended you, while the insurance company claims you were also partially responsible because you stopped unexpectedly.

The question then becomes whether there is evidence supporting that allegation and, if so, what percentage of responsibility should be assigned to each party.

California’s civil jury instructions specifically address comparative fault and apportionment of responsibility.

Determining fault is often more complicated than simply asking which vehicle struck which vehicle. The circumstances leading up to the collision, the conduct of each driver, and the connection between that conduct and the resulting injuries may all matter.

Don’t Let a Fault Dispute Make You Give Up Your Claim

After an accident, you may already be dealing with medical appointments, vehicle repairs, missed work, pain, and uncertainty about the future. Being told that you caused the accident can make the situation even more overwhelming.

But an insurance company’s allegation should not automatically cause you to abandon your claim.

If you believe the other driver was responsible, gather and preserve the evidence you have. Keep photographs, medical records, repair estimates, bills, correspondence from insurance companies, and information about witnesses.

You should also be cautious about signing documents or accepting a settlement before you understand what you are agreeing to.

Once you accept a settlement, you may have limited ability to pursue additional compensation later.

What Damages May Be Available After a California Car Accident?

Depending on the circumstances of the case, an injured person may be able to pursue compensation for damages such as medical expenses, lost income, property damage, and pain and suffering.

California law distinguishes between economic and non-economic damages. Economic damages can include objectively verifiable losses such as medical expenses and lost earnings, while non-economic damages can include losses such as pain, suffering, inconvenience, and emotional distress.

The amount of compensation available depends on the facts of the accident, the extent of the injuries, available insurance coverage, liability, and other factors.

When Should You Talk to a California Personal Injury Attorney?

Consider speaking with a California personal injury lawyer if the insurance company is blaming you for an accident, disputing your injuries, offering a settlement that does not cover your losses, or refusing to accept responsibility.

A personal injury attorney can review the circumstances of your accident, explain how comparative fault may apply, investigate disputed liability, calculate damages, and communicate with the insurance company on your behalf.

Sodhi Law Group represents individuals injured in car accidents and other personal injury cases throughout Modesto, Stanislaus County, and surrounding California communities. The firm also serves injury victims in areas including Stockton and other Central Valley communities.

Contact Sodhi Law Group After a California Car Accident

If an insurance company is blaming you for a California car accident, don’t assume that means you are unable to recover compensation.

California’s comparative fault system recognizes that responsibility can be divided among those involved in an accident. The key is determining what actually happened and supporting your position with reliable evidence.

If you were injured in a car accident in Modesto, Stockton, Turlock, Manteca, Tracy, Sacramento, or surrounding California communities, the personal injury attorneys at Sodhi Law Group can review your situation and help you understand your legal options.

Contact Sodhi Law Group at 209-900-8200 to discuss your California car accident claim.

This article is intended for general informational purposes and does not constitute legal advice. Every car accident case is different, and you should consult with a qualified California attorney about the specific facts of your situation.