If you’re involved in a car accident in Woodland Hills, California, you may find yourself in the middle of a fight to get the compensation that you deserve for the damage to your car and for your injuries. One of the most common concerns people have about California car accidents is how injuries are proven in court. Here’s what you need to know.
California Isn’t a No-Fault Car Accident State
To prove your injuries, and recover financial compensation for them, you must also prove fault. Since California isn’t a no-fault state, an area of law commonly referred to as tort law is used to help determine who is responsible for the accident. Car accidents are generally a result of someone’s negligence. This means that someone violated a duty that they owed to another person. When they violated that duty, an actual injury of some kind occurred. The injury can be a physical injury to the body and also includes property damage.
Use of Reports and Medical Records to Prove Fault and Injuries
Officials investigate a deadly crash in Canoga Park on May 16, 2017. (Credit: OnScene.TV)
Insurance companies and the police will issue what should be unbiased opinions on who is at fault for a California car accident. In many cases, the police respond to the scene of an accident and take a report. The report may include information about property damage, injuries, and debris left in the road. This information, along with witness statements, may be used by the police to aid in the forming of an opinion. The insurance company reviews the police report, medical records related to injuries, photos, and may talk to involved parties before they decide who is at fault.
Getting Help for Your Car Accident
Insurance companies don’t always look out for your best interest. They aren’t necessarily making the right decision on fault and they certainly are not out to help you recover all of the compensation you deserve. If you’re involved in a car accident in California, make sure that you talk with an experienced attorney to protect your rights.
For more information, or for a free consultation about your legal rights and potential for financial recovery, contact Woodland Hills accident attorney Barry P. Goldberg today.
