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Your partial responsibility for the car accident will not nullify your right to recover medical bills or damages. However, it could potentially lessen the value of your claim proportional to the degree of fault attributed to you.
For instance, if you were 10% at fault, it could diminish the value of your claim by 10%. Still, you would be entitled to claim compensation from the other party to the fullest extent permissible by law. While your compensation might be reduced, your entitlement to file a personal injury claim or recover from it remains unaffected.
While most uninsured or underinsured drivers lack the resources to pay compensation, you can still recover damages if you have Uninsured/Underinsured Motorist Coverage (UM/UIM). Depending on the circumstances, you might be eligible for some compensation from the California Victims of Crime Fund. However, it is advisable to have UM/UIM coverage equal to your policy limits to protect your rights.
Despite the apparent fault of the other driver, insurance companies may not take your injuries into account or try to minimize their liability. Employing an attorney can significantly enhance your chances of obtaining full justice. Attorneys can help evaluate your potential long-term care needs, losses related to wages or work time, and other losses you may not have considered, such as those pertaining to your spouse.
Your past driving record is irrelevant to the accident that caused your injuries. Insurance companies might attempt to use this against you, but such strategies prove futile when you're represented by a competent attorney.
If you were not wearing a seatbelt during the accident, an insurance company or a jury might reduce the total value of your damages. Nonetheless, you're entitled to justice if you were not at fault, and experienced personal injury attorneys understand how to present this in a way that minimizes the potential impact of not wearing a seatbelt. For more information on Filing An Auto-Accident Injury Claim in CA, an initial consultation is your next best step.
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