California bodily injury liability insurance is an important and significant type of liability insurance. This coverage is designed to help you pay for the costs incurred by another party if you cause them harm in an auto accident. This article aims to provide you with a comprehensive understanding of bodily injury liability insurance by delving into the topic in detail.
What Is California Bodily Injury Liability Insurance?
If you cause physical harm to another person in a car accident, the state of California requires you to have bodily injury liability coverage. This type of insurance covers the other individual's lost wages, medical bills, and other losses resulting from bodily injuries, based on the policy limits.
A California bodily injury liability coverage should have a minimum level of "15/30" coverage. This implies that for a single accident, your auto insurance covers damages worth:
- $15,000 for wrongful death or physical injury to a single individual.
- $30,000 for wrongful deaths or bodily harm to all individuals killed or injured in the crash.
Most California insurance companies sell policies with limits of coverage larger than the 15/30 coverage requirement. You're personally responsible for any damages that your liability coverage fails to cover. Therefore, if you can afford it, you can acquire policies with higher premium limits than California's minimum limit.
Bodily injury insurance can cover a share of the long- and short-term costs associated with injuries sustained by other motorists, pedestrians, bystanders, and passengers involved in the accident caused by the insured.
The following are some of the most common types of injuries covered by bodily injury insurance:
Medical Costs
Bodily injury coverage pays for hospital bills and urgent medical treatment related to the accident. It could also include follow-up appointments and equipment expenditures like crutches for some cases.
Legal Expenses
If there's a car crash, you can file a claim against the perpetrator. Legal defense fees are often covered by bodily injury liability insurance, which can help reduce significant court fees.
Loss of Income
Assume you sustain an injury that impairs your capacity to work, perhaps you're working in a physically demanding position or require several months of rehabilitation. In this situation, bodily injury liability insurance could pay for the time lost.
Suffering and Pain
This is often difficult to determine, but you can be entitled to compensation for enduring emotional distress or suffering due to the injuries sustained. Bodily injury insurance coverage can assist in offsetting the associated costs.
Funeral Expenses
Bodily injury insurance can also cover the costs associated with funerals in the case of loss of life.
What Bodily Injury Liability Insurance Does Not Cover
A California bodily injury insurance policy doesn't cover the following:
Damages That Exceed The Policy Limits
A bodily injury liability coverage covers losses up to the policy limitations. If a perpetrator causes an accident, he or she is solely accountable for any amounts that exceed the limit.
Costs Associated With Vehicle And Property Repairs
Car repair costs or damage to property, like gates and fences, are not covered by a bodily injury liability policy. The law requires the responsible party to carry liability for property damage insurance, in addition to California bodily injury liability coverage to cover such damages.
Property damage liability and bodily injury liability insurance coverage are often defined by a three-digit combination, such as 15/30/5. These figures indicate that your liability insurance coverage for each given incident is as follows:
- $15,000 for physical injury to a single person.
- $30,000 for bodily injury to multiple individuals.
- $5,000 for damage to property.
It's worth noting that "comprehensive insurance coverage" includes automotive damage caused by factors other than accidents, like vandalism. It is usually recommended that you get extra coverage for your vehicle's insurance policy.
Injuries To You or Other Occupants in Your Vehicle
Liability insurance is a type of third-party coverage that protects pedestrians and passengers in other automobiles that you crash into. It is applicable if you caused the crash. It doesn't cover property damage or your injuries.
Various types of coverage can be offered to cover for injuries caused by you or the occupants in your vehicle:
- The other motorist's bodily harm insurance whether the other motorist was partially or wholly responsible for the accident.
- Personal health coverage.
- Optional "Med Pay" coverage which covers you and those around you regardless of negligence.
- Uninsured motorist damage to property coverage, uninsured motorists injury insurance, and underinsured motorist insurance (which covers payments if the other uninsured or underinsured motorist is at fault, either entirely or partially) are optional under California law.
Furthermore, under the state's "shared fault" legislation, if the other motorist was entirely or partially to blame, they could be held individually accountable for the damages.
How a California Bodily Injury Liability Insurance Works
There are two types of coverage for liability policies, combined single-limit and split-limit. A single-limit policy offers a set amount of insurance coverage that is divided between property damage and bodily harm depending on the severity of the incident.
A split-limit policy allows your insurer to decide in advance the amount it will cost to contribute to each type of insurance coverage. The policies are often stated as 25/50/20 or 25,000/50,000/20,000.
The first figure represents the limit per individual, which is the maximum amount that an insurance company can cover for injury costs for every person involved in the crash. The second figure shows the accident limit or the maximum sum that the insurer will pay for all those involved in the crash. The third figure represents the limit of property damage.
According to California law, you should have bodily injury liability coverage with a 15/30/5 minimum limit. This type of coverage also includes:
- Any individual who operates your covered automobile with your consent.
- When operating another car, for example, a rented automobile.
You can consult with your policy or insurance provider to ensure that you know when and what the circumstances of your liability insurance policy cover.
Choosing the Appropriate Type of California Bodily Injury Liability Insurance
One of the most frequently asked questions regarding the topic is how much coverage for liability motorists should carry. However, individual motorists need to choose the level of coverage that works best for them (if the motorist wants more than the jurisdiction's minimal coverage).
For instance, you might want to think about whether you have a lot of money saved up. Similarly, if you're a homeowner, you should assess the worth of your possessions, including your residence.
Remember that if you're at fault in an automobile accident, you remain legally accountable for damages above your limit. When you consider factors like the other individual's suffering and pain, the harm caused could greatly exceed the state's minimum insurance level.
Therefore, one thing you should consider is whether you have sufficient coverage to adequately protect your assets and savings. If not, a single-car crash might result in you losing your house and piling up a lot of debt.
You could also have medical costs to pay if you are involved in an accident. Keeping track of the amount of money you've saved will help you assess whether you can afford to skip work until you're fit to resume your duties. If it's a serious issue for you, you might want to consider adding PIP insurance or California MedPay to your liability policy.
Amount of California Bodily Injury Liability Insurance Required
In general, you can purchase as much car coverage as you can manage. Insurance costs don't increase significantly as insurance coverage levels are raised. Having the financial security to compensate the victims of your action can be a huge relief. Furthermore, you can be certain that you won't lose your house or other assets as a result of being sued for damages caused.
If you're earning a low income or have few assets to claim, California's minimum liability coverage of 15/30/5 could be sufficient. If you own stocks, a home, jewels, equipment, art, or even a solid job, you will probably need more. Accidental injuries can cost you a lot of money.
You may also want to consider purchasing a California personal umbrella coverage policy to increase your liability insurance to more than one million dollars. An umbrella policy is quite inexpensive and offers additional coverage for all insurance plans that you keep at the maximum possible amount.
Parties At Fault in a California Accident
Since fault dictates who pays the damages after an auto accident, knowing who was responsible is crucial. In certain situations, it might seem a simple thing. If you or another motorist knows the party at fault, filing an insurance claim will turn out to be straightforward.
If the situation isn't clear-cut, it would end up for the authorities to find out the party responsible. The authorities who will assess the issue include law enforcement officers present at the accident scene, insurance adjusters, and the court.
The courts will give the final verdict, but in reality, very few cases make it this far. This is because every insurance provider has its own set of standards for determining fault. In most cases, this implies that you will only go to court if you or the other motorist disagrees with the insurance company's findings.
Since the insurer plays such a significant role, the work of an adjuster is crucial. Each insurance company's adjusters will go over the evidence that covers police and witness accounts to medical records and images of the injured parties.
If you opt to take the issue to court, the court has the authority to overrule previous findings. In other words, if law enforcement and insurance providers are satisfied that one person is responsible for the accident, the court could rule differently.
Determining the Level of Fault
You can consider fault to be an "all or nothing" decision. However different jurisdictions have different types of fault. These groups help in determining how much the at-fault party contributed to an auto accident. Furthermore, the amount of money you can get from damages could vary based on your level of culpability.
The first level of fault is known as pure contributory negligence. In cases that rely on this approach, you can't get compensated if you were partly at blame regardless of how minor your contribution was.
Pure comparative fault is another category of fault. Under this approach, the amount of compensation you can obtain is decreased based on the extent you hold the blame. The modified comparative fault is the third category of fault. This method is only used by 33 jurisdictions, and they do not all apply it in the same way.
Twelve of these jurisdictions have a 50% bar law, which indicates that you can't sue if you were at least fifty percent responsible. The remaining 21 jurisdictions use the 51% bar law, which provides that a party can't get damages unless they are at least fifty-one percent at fault.
With the fifty percent bar law, two individuals can be equally responsible in a crash. In this case, neither individual's insurance will cover them. The 51% principle makes it easy to identify who is more culpable, making it more straightforward for insurance companies to make payments after the incident.
California law allows you to seek compensation even if you're mostly responsible for the incident. However, the extent to which you're at fault limits the amount of compensation you'll be able to collect.
Steps Involved in Fighting a California Liability Claim
According to California VC 16000, you have to report any accident to the California DMV within ten days of the accident if:
- Someone died or sustained injuries even though the injuries were minor.
- The incident caused damage to property worth more than a thousand dollars.
Most insurance policies also require you to get in touch with them immediately if you get involved in a crash. Once the insurer is notified, a claims adjuster can be assigned. The insurance adjuster will investigate to identify who was responsible for causing the accident.
During the investigation, the insurance adjuster can:
- Record your statement.
- Speak with the other motorist or the other motorist's attorney or insurance adjuster.
- Examine the law enforcement reports.
- Engage with the witnesses.
- Assess the damaged automobiles as well as the accident scene or photographs.
- Check the medical records of anybody who claims to have been injured.
What If I Was Only Partly Responsible For the Accident?
Liability for a vehicle crash can be assigned to several parties under the California "shared fault" law. Having a seasoned personal injury lawyer on your side can assist in ensuring that you suffer the least amount of fault possible. You could even be entitled to get back some of your losses, like your lost wages, medical fees, lost earnings, or the cost of fixing your vehicle.
The Difference Between Bodily Injury Liability Insurance and Medical Expense Coverage in Car Insurance
Medical payments and bodily injury liability are not considered the same thing. Each has its role to address different issues. Bodily injury coverage protects anyone you might harm in a crash, whereas the medical payments policy protects you and your passengers if you are injured, regardless of who was deemed to be at fault in the crash.
Medical payments can also be available to the policyholder and their families if they are harmed while traveling in another person's automobile or if they get hit by a vehicle while walking or cycling. Coverage is subject to the conditions and terms of your specific auto insurance policy.
However, if you are injured in a crash, your bodily injury insurance will not provide coverage for you. If you are responsible for causing the accident, you will be held accountable for any individual who sustained an injury.
How a Personal Injury Attorney Can Help
Insurance claim adjusters work for car insurance companies. In most situations, their priorities will initially coincide with yours. They also would want the other party's insurance provider to cover any damages sustained.
However, they don't have an interest in paying the highest settlement possible, especially when they're the ones settling — either because:
- The collision was caused by the other party.
- You are filing a claim under your underinsured/uninsured motorist coverage.
The adjuster's sole responsibility is to ensure that the insurer's costs are low. This can include refusing or postponing your request in the expectation that you'll go away. Frequently, they won't bother to investigate the report thoroughly to learn the truth.
The claim adjuster will put you under pressure to settle for less than what your claim is valued. Hiring your attorney is the ideal approach to protect your interests. A skilled personal injury attorney will:
- Investigate the incident.
- Advocate for your rights and interests.
If you require medical attention, your attorney can assist you in locating one. Your attorney will also ensure that the settlement contract isn't a boilerplate that prioritizes the insurer's interests over your own. Additionally, your attorney will present your version of the event in the most persuasive manner possible to a jury if the matter goes to trial.
Find a San Diego Personal Injury Lawyer Near Me
If you’re involved in an automobile accident, it is advisable to avoid direct interaction with a claims representative. The assistance of an expert personal injury lawyer can have a significant impact on the outcome of your case. If you're in San Diego and ready to discuss terms with an insurer, get in touch with the San Diego Personal Injury Law Firm at 619-478-4059.