Comparative Negligence

  • California follows a comparative negligence system. This means that if you’re partially at fault for an accident, you can still recover damages, but your compensation will be reduced in proportion to your fault.

Statute of Limitations

  • There is a time limit to file a lawsuit. In California, the statute of limitations for personal injury claims is typically two years from the date of the accident.  

Mandatory Insurance

  • California is a no-fault state. This means that all drivers must carry liability insurance to cover property damage and bodily injury caused to others. However, you can still file a personal injury claim against the at-fault driver if your injuries exceed the limits of your own insurance coverage.

Insurance Requirements

  • Minimum insurance requirements: California law mandates that drivers carry a minimum of $15,000 for bodily injury per person, $30,000 for bodily injury per accident, and $5,000 for property damage.

Damages

  • Types of damages: In California, you may be entitled to various types of damages, including:
    • Economic damages: These cover medical expenses, lost wages, and property damage.
    • Non-economic damages: These cover pain and suffering, emotional distress, and loss of enjoyment of life.
    • Punitive damages: These may be awarded in rare cases where the defendant’s conduct was particularly egregious.

Uninsured and Underinsured Motorist Coverage

  • UM/UIM coverage: It’s highly recommended that you purchase uninsured and underinsured motorist coverage to protect yourself in cases where the at-fault driver is uninsured or underinsured.

Remember: These are general guidelines, and specific laws and regulations may vary. Consulting with a local attorney is the best way to ensure you understand your rights and options after a car accident in Irvine.

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