Sorting out the aftermath of an auto accident can often feel like you’re trapped in a maze with no map (Side Note: If you’re lost in an actual maze and need a helpful tip to find your way out, you’re in luck). This is especially true when there are no witnesses or a police report. But even if the insurance company denies your claim, it’s not the end of the road. Let’s explore how California’s “pure comparative negligence” rule could be your guiding star.
Pure Comparative Negligence – A Lifeline in the Legal Labyrinth
In California, we have a legal ally in the “pure comparative negligence” rule (refer to California Civil Code section 1714). This principle stipulates that even if you’re found partially at fault in an auto accident, you can still recover damages proportional to the other party’s fault.
Comparing Notes: California Versus the Rest
Just as every state has its charm, each also has its own approach to comparative negligence. Take North Dakota or Alabama, for instance, where “contributory negligence” rules the roost. Here, even a 1% fault attributed to you can deny you the right to any damages.
Then we have states like Colorado and Connecticut, operating under the “modified comparative negligence” principle (see Colorado Revised Statutes section 13-21-111 or Connecticut General Statutes section 52-572h). In these states, you can only recover damages if you’re found to be less at fault than the other party.
When The Going Gets Tough: No Witnesses, No Police Report
Imagine being in an accident where it’s your word against theirs, with no police report or witnesses to back your story. The defendant’s insurance company may quickly side with their insured, possibly denying your claim outright. But a denied claim doesn’t mean they’re right or that there isn’t a claim.
Thanks to California’s comparative negligence rule, the blame can be apportioned between all parties at fault. So, even if you’re found 60% at fault, you could still recover 40% of your damages from the other party.
Why You Need An Ace Up Your Sleeve: An Experienced Attorney
The legal world of liability can seem daunting, like a labyrinth full of dead-ends. However, with an experienced attorney by your side, you can navigate this labyrinth with confidence.
Having litigated hundreds of these cases and secured millions of dollars in settlements, Jeff Crissman knows what it takes to win such disputes. Jeff understands what information is crucial, what arguments hold water, and how to effectively advocate for you.
Car accidents can be a complex web of claims, denials, and legalities. However, understanding California’s pure comparative negligence rule can be a valuable tool in pursuing your right to compensation.
Facing a denied claim after an auto accident? Don’t lose hope! Crissman Law is here to guide you through the intricacies of your claim and ensure your rights are protected. Schedule your FREE CONSULTATION now.
Disclaimer: The information here is general information that should not be taken as legal advice. It cannot be guaranteed to be accurate, current, or complete. No attorney-client relationship is established between you and our law firm by reading this article. This article should not be used as a substitute for legal advice from a lawyer about the specific facts of your case.