You only have a negligence claim (a case to recover damages) if you can show that the other driver was negligent (i.e., caused the accident by acting carelessly or not reasonably). Sometimes both drivers may be negligent, and in that case, you would be entitled to recover damages equal to your percentage of fault. California law allows this "apportionment of liability" since it is a "comparative fault" state. If, for example, you were 100% responsible for negligently causing the California auto or motorcycle accident, you then have no claim. You should report the accident immediately to auto insurance carrier so it will handle any subsequent claim brought against you by the other driver. In this example, your insurance company will indemnify and defend you for any bodily injury or property damage claim you may have caused to the other driver.
More Legal Questions About Car & Motorcycle Accidents?
Do you have more legal questions about car & motorcycle accident cases? Return to the Auto & Motorcycle accidents in California Frequently Asked Legal Questions page.
