If you are injured in a car accident, you might wonder what your Carlsbad accident claim is worth and whether there are limits as to how much compensation you can recover. The answers to these questions will depend on the specific circumstances surrounding your case and the damages you sustained as a result of the accident.
Damages in a California Car Accident Claim
California law allows accident victims to pursue full compensation for the economic and non-economic losses they endured in the accident. Compensation could include money for:
- Medical bills for ambulance fees, hospitalization costs, and doctor visits
- Ongoing medical treatment related to your injuries
- Medical devices and assistive equipment
- Lost wages and employment benefits
- Reduced earning capacity
- Costs to repair or replace your damaged vehicle
- Scarring and disfigurement
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of quality of life
- Loss of life’s enjoyments due to a disability
- Loss of consortium for loved ones
Are There Damage Caps in California?
Some states impose limits on the amount of compensation a person can receive in a Carlsbad personal injury lawsuit. Often, these limits apply to non-economic damages, such as pain and suffering and emotional trauma. However, California does not impose such damage caps on car accident lawsuits.
Who Pays for Damages After a Car Accident?
California is an at-fault state for car accidents, meaning the driver found at fault for the accident is responsible for paying for the damages they caused. This is usually done by making an insurance claim with the at-fault driver’s liability insurance provider.
In California, all drivers are required to maintain the following minimum liability insurance amounts:
- $30,000 for bodily injury to one person in an accident
- $60,000 for bodily injury to more than one person in an accident
- $15,000 for property damage in an accident
These are just the minimum amounts. Many people choose to purchase additional liability insurance to protect their personal assets.
What If My Damages Exceed the Liability Insurance Limits?
It’s not uncommon for injured car accident victims to sustain damages well over the at-fault driver’s insurance policy. However, insurance companies are generally not inclined to award a claimant more compensation than the insurance policy provides. This is because the insurance company is only contractually bound to pay up to the policy limits.
If your damages exceed the liability insurance policy, an experienced car accident lawyer can help identify other legal options available to you to recover compensation following a car accident, such as:
- Filing a lawsuit against the at-fault driver and pursuing payment for your injuries through their assets
- Filing an insurance claim with your insurance, including Med Pay, collision insurance, uninsured motorist coverage, or underinsured motorist coverage
- Identifying other parties responsible for the accident, such as other drivers, the driver’s employer if they were working at the time of the collision, or a bar that overserved alcohol to a drunk driver who caused the crash
The experienced attorneys at Miller & Steele Law Firm can help identify your legal options after thoroughly investigating your case.
Contact Us Today for Your Free Consultation
The legal team at The Miller & Steele Law Firm is ready to help you after a car accident. Call (760) 840-5221 or contact us online to get started with a free case review.