If you’ve been involved in a car accident in California, you may be wondering how much money you can sue for. You might think that it depends on the circumstances and who was at fault. But in fact, in California, the amount of damages that a person can recover is actually contingent on how much fault each party shares. In other words, if you’re 80 percent at fault and the other person is 20 percent at fault, you can still sue for as much as $20,000.
In California, a person can sue for up to $21,000 in compensation if they were involved in a car accident. While you’re likely to be able to get more than that, the amount you can recover is determined by the coverage limits on the other driver’s insurance policy. If the other driver had no insurance, you can collect from your own policy. Uninsured motorist coverage, on the other hand, is capped at the same liability limits as the driver at fault.
If the other driver was at fault in the accident, you can still claim damages for the injuries you suffered. However, you must show that the other party was partly or entirely at fault. The law in California is known as pure comparative negligence. Even if the other party is partially responsible, you can still recover compensation. However, in most cases, a plaintiff will not be able to sue the insurance company directly.
Generally, victims have two years to file a claim for bodily injury or property damage. But if you’re liable for the accident, the clock begins ticking. If you fail to file your lawsuit within this timeframe, you will lose your right to sue the other driver. The statute of limitations in California is two years, and you need to file your claim within that time frame.
In addition to physical injuries, car accidents can cause emotional harm. People who experience emotional trauma may lose time at work or have difficulty carrying out their daily tasks. They may even be in pain for an indefinite amount of time. Such injuries may disrupt a person’s daily life, which is why it’s important to make a claim for emotional distress. These damages may be hard to prove without physical damage, but the damage to mental functionality is incalculable.
Before you file a lawsuit, it is important to gather all evidence related to the car accident. The evidence may include medical records, receipts for treatments, or witness testimony. You will use this evidence to craft a demand letter to the insurance company. In this letter, you should outline the extent of your injuries and what damages you seek. The insurance company will then review the letter to decide whether to settle the case or not.
The amount of compensation that you can receive for your car accident case will depend on the severity of the injuries sustained in the accident. If the accident was a minor fender-bender, you may be entitled to a few hundred dollars to cover the repairs. If the other party was at fault for the accident, you could be entitled to far more money. You should seek the help of a personal injury attorney to find out what kind of settlement you should file.