Challenging Fault In California

Summary

In California, you can challenge fault determinations in car accidents using evidence like the officers report. California follows a comparative fault rule, allowing shared fault. If repair costs exceed your cars value, you may recover only its market value. Typically, you would sue the other driver, not their insurance company. Consider mediation or arbitration for disputes and consult a lawyer for legal action.

Full Conversation

I was in a rear end collision and the person who hit me
I'm sorry to hear about your accident, ****. Rear-end collisions can be quite stressful. Did you sustain any injuries from the accident?
No.
Thanks for sharing that, ****. Since there are no injuries, I can provide some general information on handling a rear-end collision case in Iowa:
- Exchange contact and insurance information with the other driver.
- Document the accident scene, including photos.
- Report the accident to your insurance company.
If you have further questions or need specific legal advice, let me know!
Based on inaccurate information his Insurance company claims the wreck was *% my fault
Case Rating: *
In Iowa, fault determination in car accidents can impact insurance claims. If you believe the fault assessment is incorrect, you can:
- Request a review of the fault determination with your insurance.
- Gather evidence, such as photos and witness statements, to support your case.
- Consider mediation or arbitration for dispute resolution.
Would you like more information on any of these steps?
I'm not in Iowa I'm in California
Thank you for clarifying, ****. Since you're in California, let's address your situation accordingly.
- California follows a "comparative fault" rule, meaning fault can be shared between parties.
- You can challenge the fault determination with your insurer.
- Gather evidence, like photos and witness statements, to support your case.
Case Rating: *
Would you like more detailed information or guidance on any step?
The responding officer's report places *% of the fault with the other driver
Case Rating: *
It sounds like you have strong evidence with the officer's report supporting your claim. In California, this report can be instrumental in challenging the fault determination. Gather all necessary evidence and consider contacting your insurer to dispute the claim. Do you need more information on how to proceed?
Yes please
Case Rating: *
In California, here's how you can proceed:
- Contact your insurance company with the officer's report and any additional evidence you have.
- Request a formal review of the fault determination.
- If disputes arise, consider legal mediation or arbitration.
- Consult with a lawyer if needed for further assistance.
Would you like more detailed information on any of these steps?
Do I sue his insurance company or do I sue the other driver?
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In most cases, you would sue the other driver, not the insurance company. The insurance company's role is to cover the other driver's liability. It's advisable to gather all evidence and consider consulting a lawyer if you decide to pursue legal action. If you'd like more details on the process, let me know!
The cost of fixing my car is more than it's value can I still sue for enough money to fix it?
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In California, you can sue for the actual cash value of the car, not necessarily the cost of repairs. If repair costs exceed the car's value, you may only recover the car's market value. Consider negotiating with the insurance company first. If you need legal advice, consulting a lawyer might be beneficial.