If you were injured in an Orange County car accident that was not your fault, you may find yourself fighting with the insurance company to receive the compensation that your injuries and property damage (i.e. damage to your car) deserve. Unfortunately, most insurance companies (even your own!) are not on your side. One of the most common questions from California car accident victims is how injuries are proven in court. Here’s what you need to know.

California Isn’t a No-Fault Car Accident State

California is not a no-fault state for auto insurance. In a no fault state, an injured driver doesn’t have to prove another driver is “at fault” for an accident in order to receive bodily injury compensation for resulting bills. In California, in order to prove your injuries were a result of another person’s negligence, you must also prove fault.

Our state operates under the tort system, where individuals have the right to sue one another for compensation for bodily injury and loss resulting from an auto accident. You can recover compensation for lost wages, medical bills, pain and suffering, and more. An experienced auto accident attorney will go over the potential financial recovery available to you.

Use of Reports and Medical Records to Prove Fault and Injuries

In a perfect situation, both the police and the insurance companies will issue unbiased opinions on who is at fault for the car accident. The police report may include information about property damage, injuries, road conditions, and debris left in the road. The insurance companies review the police report, medical records related to injuries, photos, and may talk to involved parties before they decide who is at fault.

Contributory Negligence

In California, contributory negligence is used to determine just how much fault each involved party had in the accident. This means that, for example, if you are found to be 10% responsible for causing the accident, you may recover 90% of the costs associated with your injuries.

Getting Help for Your Car Accident

Insurance companies don’t always look out for your best interest. If you’re involved in a car accident in Orange County, contact one of the skilled auto accident attorneys at Dennis Law Group to discuss your legal rights and potential for financial recovery.