If a driver causes a car accident in California, they are likely responsible for the damages incurred by the victim. This means their insurance provider will cover the damage costs, including the vehicle repair or replacement. However, they usually replace a car if only the total value of it is less than the repair costs.
Suppose you are pursuing compensation for the damages in a car accident in California. In that case, you must understand when insurance companies pay for the damages and how to protect your rights.
What Damages Can a Car Accident Cause?
Numerous damages can arise from auto accidents, which can affect your physical health as well as your financial security. This is especially true if the impact of the crash is too severe, resulting in catastrophic injuries, other damages, and even death.
Did you know that in the United States, there are nearly 43,000 fatal crashes annually? Moreover, the Insurance Institute for Highway Safety reported that there were 4,428 deaths resulting from auto crashes in California.
When you sustain injuries from a crash, you must pay for the medical bills, medications, and treatments needed to recover from it. Aside from this, you also have missed wages from the crash until your recovery. Furthermore, burial and funeral expenses are some of the costs a surviving family must take care of due to a loved one’s passing from a collision.
From vehicle damage to wrongful death, a car accident can cause several damages. Understanding these losses when filing a claim is crucial, as your compensation depends on the damages you sustained in a crash.
Here are the damages you can claim in a claim for a car accident in California:
Economic damages refer to quantifiable financial losses that can be calculated using documentation such as invoices and receipts. These include:
- Medical Expenses: Costs incurred for past, present, and future medical treatments.
- Vehicle Repair or Replacement: Expenses for fixing or replacing your damaged vehicle.
- Lost Wages: Income lost due to time off work during recovery.
- Future Loss of Earning Capacity: Potential income lost if you can’t return to your previous job or must take a lower-paying position due to injuries.
- Out-of-Pocket Expenses: Any additional costs directly resulting from the accident, like transportation to medical appointments.
Non-economic damages cover intangible losses that do not have a direct monetary value but significantly impact your quality of life. These include:
- Pain and Suffering: Physical and emotional pain resulting from the accident.
- Reduced Quality of Life: Overall decrease in your ability to enjoy life and engage in activities you previously enjoyed.
- Anxiety and Emotional Distress: Psychological impact such as anxiety or emotional trauma.
- Depression and PTSD: Long-term psychological effects like depression and Post-Traumatic Stress Disorder.
- Loss of Love and Companionship: Negative effects on personal relationships and loss of affection or companionship.
Punitive damages are awarded in cases where the liable party’s actions were particularly egregious or intentional, serving to punish the wrongdoer and deter similar behavior in the future.
Calculating economic damages is straightforward due to their quantifiable nature. However, valuing non-economic losses requires expertise in personal injury claims. For instance, how can you quantify pain and suffering? A car accident lawyer in California knows to evaluate and quantify these intangible damages to ensure you receive maximum compensation. Additionally, they can review your case to determine eligibility for punitive damages.
Who Pays for the Damages?
The driver at fault for the collision is typically responsible for the resulting damages. If their actions, such as violating traffic laws, lead to a crash, their insurance should cover expenses like medical bills, vehicle repairs, and lost wages.
To prove that the accident was due to the driver’s negligence, you must establish the following:
- The driver had a duty to ensure the safety of others on the road.
- The driver breached this duty.
- This breach caused the accident.
- The accident resulted in injuries and other damages.
When seeking compensation, you need evidence to demonstrate another driver’s negligence caused the accident. Proper evidence might include:
- Photos of the accident scene
- CCTV or surveillance footage
- Witness testimonies
- Police reports
Aside from proving liability, such evidence can also help determine the total damages of the crash. For instance, a speeding driver hit you. The other party insisted that the impact was not severe enough to cause catastrophic damage to your car. Fortunately, you took photos of the scene, including the vehicle damage. As a result, they accepted liability and determined the severity of the damages from the pictures.
When Do Insurance Companies Replace a Vehicle After a Car Accident in California?
An insurance company in California will replace a vehicle after a car accident if it is deemed a total loss. However, how do they know if it’s a total loss?
Before delving into the total loss formula, you must first understand the following concepts involved:
- Total loss: A circumstance where an accident has destroyed a vehicle beyond repair, or you’ll pay more to fix the damaged car than the car’s value.
- Actual cash value (ACV): The value of your vehicle before the accident-related damage.
- Cost of repair: The charges you’ll pay for experts to fix your damaged car and restore it to working order.
- Salvage value: The amount of money you’ll get after selling the damaged car in its existing condition.
- Total loss threshold: The legal point at which your insurance carrier deems your damaged car totaled and qualifies for a salvage certificate from the California DMV.
As mentioned, an actual cash value is the car’s market worth as of the accident, considering factors like age, mileage, condition, and depreciation. The insurance provider will consult sources such as the Kelley Blue Book, NADA manuals, and comparable car sales to calculate the ACV.
So, when a car’s repair costs exceed its ACV or a specific percentage of the ACV, they often decide that the vehicle is a total loss. (Total loss = repair cost + salvage value ≥ ACV)
For instance, suppose your insurance provider calculates your car’s actual cash value to be approximately $15,000. If your vehicle requires around $12,000 in repairs following an accident and has a salvage value of about $5,000, the insurance company will probably classify it as a total loss. This determination is based on the combined cost of repairs and salvage value amounting to approximately $17,000, which exceeds the car’s assessed value of $15,000.
What Happens When a Vehicle Is a Total Loss in a Car Accident in California?
Following an accident, if the insurance provider declares your car a total loss, they will offer compensation for the car’s pre-accident real cash value. Then, if you’d like, you can use that money to buy another vehicle.
However, just because you are offered cash for the car does not mean you have to take it quickly. Initial offers from insurance companies often hardly compensate for the total damage value, leaving you with more losses. Note that when you accept an offer, you acknowledge that the liable party already covered the costs and is now free of liability.
It is best to contact lawyers for car wrecks who can determine if the settlement offer is fair enough, considering other factors like medical bills, lost wages, and non-economic losses aside from the vehicle damage.
Can I File a Claim If the Accident Results in Vehicle Damage Only?
In reality, if the car accident only results in minor vehicle damage, you may settle with the at-fault party amicably without needing to file a case. However, if the damage is too severe or you sustain late-appearing damages from the crash, it is best to file a personal injury claim to maximize your compensation.
For instance, a speeding driver hit you. You thought you only sustained minor vehicle damage from the accident, so you decided not to pursue a case. You also accepted monetary compensation from the involved party at the scene. However, weeks after the collision, you discovered that you had internal bodily damage. Unfortunately, since you were already compensated, you could no longer file a claim for the damages.
Understanding the total losses you sustain in a car accident in California before accepting any offer is essential. Lawyers for car wrecks can determine fair compensation for you by assessing and calculating damages, including financial and non-financial losses.
Is It Worth Hiring a Car Accident Lawyer in California for a Crash?
While insurance providers are deemed as financial help in case of a car accident in California, they often do not have your best interest at heart. Usually, they will try several tactics to reduce the settlement or dismiss your case altogether.
A car accident lawyer in California can assist by gathering essential evidence, demonstrating negligence, and negotiating settlements to protect your rights. They can also improve your chances of a successful claim by:
- Gathering evidence to strengthen your case.
- Establishing liability against the responsible party.
- Assessing the full extent of damages.
- Communicating with insurance companies.
- Initiating legal proceedings as required.
Based in Southern California, the Law Offices of Larry H. Parker has a team of experienced auto accident lawyers specializing in personal injury law. If you are involved in a car accident in California, you can contact us at 800-333-0000 or schedule a free consultation to learn about your legal options.
What Our Clients Say About Us
While many personal injury attorneys can manage your case, our dedication to diligently advocating on your behalf sets us apart. We go above and beyond to ensure our personal injury lawyers are thoroughly prepared to build a strong claim, as evidenced by our satisfied clients.
“Great Job! It took a while—my accident was in December 2012, and my claim ended in 2016—but it worked out. Great job, and thanks for everything!” Ana G.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Does a Poor Driving Record Affect My Car Accident Claim?
- 5 Things To Expect in Mediation for Car Accident Settlements
- Should I Report a Hit-and-Run with No Damage?
- 6 Things To Consider When Calculating Personal Injury Settlements
Works Cited
“Fatal Car Crash Statistics 2024.” USA Today. Accessed 20 June 2024.
“State by state.” IIHS. Accessed 20 June 2024.
