No, California is not a no-fault state. California operates under a fault-based system, meaning the person responsible for causing an accident is also responsible for paying the resulting damages.
In California's fault-based system, injured parties have several options for seeking compensation:
This differs significantly from no-fault states, where each driver's insurance covers their own damages regardless of who caused the accident. In California, you must establish negligence to recover compensation from the at-fault party.
California also follows a "pure comparative negligence" rule, which means:
For example, if you suffer $100,000 in damages but are found 20% responsible for the accident, you would be eligible to recover $80,000 (the total damages minus your 20% fault).
This fault-based system in California makes collecting the proper evidence crucial for every accident.
If you've been injured in an accident in California, don't navigate the fault-based system alone. Our experienced personal injury attorneys understand how to establish liability, counter insurance company tactics, and maximize your compensation. Contact us today for a free consultation to protect your rights and secure the damages you deserve.
DISCLAIMER: This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact O'Brien & Zehnder Law Firm at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).
