Proving car accident liability in California

Whether it’s a minor scratch or a severe car accident, proving who was to blame for an incident is absolutely vital for claiming damages and deciding who is to pay up.

It is typically the insurance companies that must determine who is at fault, working closely with claims adjusters.


What are claims adjusters?

When you are involved in a car accident, one of the first things that you must do is to get in touch with your insurance provider. They will assign you to a claims adjuster. He or she will have the task of looking into the crash, determining who was at fault and who is liable to pay damages.

Claims adjusters have to look into all evidence that has been provided. This is why it is important to seek witnesses at the scene that might be able to help you show that the other driver was at fault. In a similar sense, you should avoid admitting fault at the start, even if you do believe that you were at fault. The claims adjuster will determine fault regardless, and he or she should be able to see the situation more fairly and objectively.


What is no-doubt liability?

A no-doubt liability is a situation where it is quite obvious to all parties involved that one driver was at fault, and therefore, liable for damages. This often occurs in rear-end collisions and left-turn accidents.

There are many cases when liability is difficult to prove, or times when you might disagree with the claims adjuster. In these cases, you might want to consider your legal options so that you achieve a fair outcome.

Source: DMV, “Proving fault in a car accident,” Oct. 19, 2017

California personal injury attorney Neal Kuvara is the founder of Kuvara Law Firm in San Rafael. Protecting the rights of injured victims for more than 50 years, Neal and his team have provided top-notch legal services to more than 20,000 clients, helping them to recover millions of dollars in settlements and verdicts. His passion for justice and commitment to his clients have earned Neal a reputation as a proven leader in the field of personal injury law in California.

Years of Experience: More than 50 years
California Registration Status: Active
Bar & Court Admissions: California State Bar, U.S. District Court Northern District of California