Don’t be so quick to decide you don’t have a case if you receive a ticket in a car accident. Even if you made a mistake, you may be able to recover some form of financial compensation with the help of a qualified attorney. Here are a few things to consider in this situation:
Were You Really at Fault?
Don’t make the mistake of simply paying the ticket and walking away if you’ve been injured in an accident as you may have a car crash claim. Police officers are human and make their fair share of mistakes. You have absolutely nothing to lose by explaining your side in a court of law and letting the judge decide if you were really at fault. Before your court date, consult with an attorney to discuss every possible strategy including the finer points of the law and any contributing factors. In many cases, using legal representation in traffic court can change the outcome of your financial claim.
Were You Completely at Fault?
In some cases, multiple parties are at fault. Depending on the laws in your state, you may be able to file a claim against the other person’s auto insurance based on your percentage of fault. This is where it can get a little tricky. If you live in a state that determines damages based on contributory negligence, you can’t recover a penny if you were even one percent at fault.
In other states, damages are calculated based on a comparative model. This means that if you are found to be 20 percent at fault, you can recover 80 percent of your damages if your state uses a pure comparative fault rule. However, if a proportional comparative fault rule is in place, your ability to recover ends when your fault level passes the 51-percent point. An experienced personal injury attorney can ensure that your fault level is calculated fairly.
What Kind of Insurance Do You Have?
Even if you’re found to be completely at fault in the accident, you may still be able to recover from your own insurance company depending on the details of your policy. Examine your policy carefully to see if you have personal injury protection or no fault coverage. If you do, you can file a claim against your own insurance provider for medical bills and lost earnings up to the limits of your specific policy.
In California, accident victims recover damages under a pure comparative fault model. Instead of allowing the insurance company to use this law to decrease your final recovery amount, call one of our San Diego personal injury attorneys to recover the compensation that you deserve.
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