What Is Comparative Negligence? How Can It Impact My Auto Injury Claim?

Negligence is when somebody causes an injury to you or a passenger in your car as a result of their legal fault. Comparative negligence is when the accident or collision happens as a result of the negligence of two parties; you and another party. When this happens the amount of the judgment will be reduced by the level of your own negligence. For example, if you’re in a car accident and a jury finds you to be 40 percent at fault and the other party is 60 percent at fault, and they award one hundred thousand dollars, the court will reduce the amount of the judgment by 40 percent; the amount of your negligence. Instead of getting a one hundred thousand dollar judgment you would get a sixty-thousand dollar judgment.

What Steps Should I Take If I Am Injured In An Auto Injury Claim?

When injured in an automobile incident, the first thing you should do is see a medical provider and take care of yourself, especially if you have any pain. Frequently, the insurance company of the driver will call and ask you to give a recorded statement. Do not give a recorded statement. Seek out a lawyer to protect your interests as soon as you can. You may be in the hospital and unable to seek out a lawyer right away. Don’t panic about that; you have time to do it. Just keep in mind that if you’ve been injured in an auto accident, you need to file a claim to take care of yourself, follow your doctor’s medical advice, and don’t talk to the other driver’s insurance company.

I ask my clients to give me every detail about what happened, how they feel, what were their emotions, what were their feelings, how they feel now, where’s the pain, and a description of the pain. You can prepare a log of these items at the direction of your attorney so that you are prepared in anticipation of litigation. This information should never be provided to an insurance company. The log should make it known that it was assembled at the direction of a lawyer, and in anticipation of litigation. Provide this to your attorney as an attorney-client communication.

Do I Need To Notify My Own Insurance Company About An Auto Accident?

Yes, you should notify your insurance company of the accident. Tell them that you’ve been involved in an accident right away. Frequently, clients give them a statement of how the accident happened. I don’t like to advise clients to do that. I like to them to say, “I’ve had an accident. The other car injured me. I wanted to let you know that and I’ll have my lawyer contact you.” It’s best to have your lawyer contact your insurance carrier. They would then be required to notify the Department of Motor Vehicles within 10 days of your accident. This notification should be given by your lawyer or yourself if you don’t get a lawyer.

You are not responsible for notifying the other driver’s insurance. But, if you don’t notify them and make a claim they won’t necessarily reach out to you. Somebody must notify the other driver’s insurance. I don’t recommend that my clients do it because they are vulnerable to giving statements about what happened. If they decide to notify the other driver’s insurance I advise that they do it through an attorney. Your attorney will notify them so that they don’t have any contact with you. Plus, all future contact will be through your attorney. Then they can start the process of trying to resolve the claim for you, the injured party.

For more information on Comparative Negligence In California, a personal case evaluation is your next best step. Get the information and legal answers you are seeking by calling (714) 769-1200 today.