California Thresholds For Auto Accident Claims
Insurance laws differ considerably from state to state. California is one of those states that follows a Tort liability / Fault placed policy. Simply put it means that the liability for damages in any in California accident is proportional to each party's level of fault.
Under Californian law, it is mandatory for a plaintiff who proffers a lawsuit against another person for injuries and damages sustained in a car accident to prove negligence on the part of the defendant or other driver. In other words the plaintiff has to prove conclusively that the defendant did not exercise proper care in driving his vehicle as would be required of him in such circumstances. Furthermore, the plaintiff is also required to prove that this negligence on the part of the defendant has been directly instrumental in causing him -- the plaintiff -- to sustain such injuries and damages. The jury will eventually determine whether the plaintiff has adequately proven negligence on the part of the defendant and to what degree this has contributed to the damage and injury sustained.
The degree of injury or damage that arises as a measure of negligence on the part of the plaintiff will be separately assessed and will be deducted pro rata in the final claim. This assessment of comparative negligence between the two parties in deciding the final claim is known as a ‘pure form’ system.
California is renowned to be a plaintiff friendly state and hence adjusters try to avoid the court system as far as possible.
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