This is a common tactic used by insurance companies, especially when they know the injured person is not currently represented by a qualified personal injury attorney with their own investigative resources and litigation experience. The insurance adjuster is hoping you don’t know that California follows a pure comparative fault system.
What that means is that even if you’re partially or mainly at fault, you can still file a personal injury claim and recover damages as long as the other party is also partially responsible for your accident. The only thing you need to prove to have a viable claim in California is that the other party was negligent in their actions, which directly resulted in your injury.
The amount of damages that you can be awarded will, however, be reduced if it’s shown that you’re partially at fault. Your compensation will decrease to the percentage that you’re personally responsible. For example, if you’re 50% to blame, you’ll receive 50% of the potential damages to cover your medical expenses, property damage, lost wages, and pain and suffering.
Here’s something to keep in mind: If the insurance company is trying to blame you for an accident that wasn’t your fault, it’s more important than ever to not only file a claim, but to do so with the help of a qualified personal injury attorney.
Attorney Russell Kohn takes personal satisfaction in helping accident victims obtain full and fair compensation. He employs his extensive investigative resources to prove who’s really at fault and will push against the insurance company when they do anything to delay, deny, or reduce your claim. Whether you’re partially at fault or completely blameless of any negligent behavior, it’s certainly worth filing a personal injury claim with the help of the Kohn Law Office to seek maximum compensation.
Don’t let the insurance company bully you into believing you’re at fault for an accident. Learn more about the potential value of your case by speaking to our qualified legal team at the Kohn Law Office today.