Determining Fault After a Car Accident in Whittier, CA

by | Nov 17, 2023 | Law Firm

Top Stories



After some accidents, it’s simple to determine who is at-fault. Other accidents are less clear. The determination will play a major role in how settlements are paid out, so you want to put yourself in the best position possible. Learn more about proving fault with an auto accident attorney in Whittier, CA.

Is California an At-Fault State?

California is an at-fault state in regards to car accidents. As an at-fault state, the person who is found to be at fault in an accident pays for the damages.

In California, each party’s role in the accident into consideration, reflected in a percentage. If a defendant is found 80% at-fault for an accident, they will be responsible for 85% of the plaintiff’s damages.

Proving Fault

Each party involved in an accident will provide a statement to the insurance companies and possibly the police. They will submit any evidence, including photos, video, and witness statements, and moving violations to support their claims. The insurance companies will use this information to determine fault.

You may be able to appeal the insurance company’s decision, especially if you have new evidence to submit.

Receiving Compensation

The insurance company of the at-fault driver will offer a settlement to cover the damages. An auto accident attorney in Whittier, CA can negotiate for a higher settlement. If the damage exceeds the insurance coverage, the plaintiff will need to take the defendant to small claims court to receive the rest of their compensation.

Did you get into a car accident? Contact the Law Office of Thomas Y Perea at