A multi-vehicle accident is one of the scariest and most confusing of all possible scenarios before you even get into the legalities. If that accident happens in California, there are even more complexities. Navigating the state's unique system of several liability and multiple insurance claims can be challenging. Here is a look at what you ought to know if you're planning to file a claim for injury compensation following a multi-vehicle accident in California.
What Is a Multi-Vehicle Accident
Multi-vehicle accidents involve three or more vehicles. One of the most common scenarios involves chain reactions on crowded roads when one person braking causes someone behind them to also brake. Cars then pile into each other as the series of reactions leads to multiple drivers not stopping in time. These are especially common in California, thanks to the state's dense system of freeways.
Intersection collisions can also lead to multiple vehicles colliding. One driver might hit another, and a subsequent driver may not have time to react. This is especially common in areas where drivers have to cross more than one lane. Obstructed views can also lead to pileups in intersections.
California's Joint and Several Liability System
An accident with multiple vehicles already presents legal questions in any state. However, California has a system of joint and several liability. This means more than one party may be liable for damages. Several people could share liability for contributing their negligence to an accident. Even crazier, a liable party can pursue compensation from another liable party.
In most scenarios in other states, one party has to be at fault. Likewise, they have to be more than 51% liable for what happened. Otherwise, they owe nothing. In California, even 1% liability potentially puts a party on the hook for a claim.
While joint and several liability is a legal headache, it does offer advantages to potential claimants. Foremost, there are higher odds that someone in the pool of potential defendants might be able to pay. Suppose there's an effectively litigation-proof defendant who has no insurance and no assets for a lien. You might just move on to someone who is insured among the several at-fault drivers.
Deep pockets also play a factor. Suppose the driver of a commercial vehicle was partially liable. You might be able to go after the business or even the garage that maintained the vehicle. Again, the ability to pay is a practical factor when you're trying to figure out who might compensate you for potentially a lifetime of pain and suffering.
As noted, it also creates a scenario where you might be a tiny bit responsible but still have a claim. Someone else could be more responsible. Likewise, multiple people might be more at fault than you. This gives you room to still seek compensation, even if you might also owe a small amount.
Insurance
Primary insurance follows the car, but secondary insurance follows the driver. Secondary insurance in a state with joint and partial liability may open up liability for both the car's owner and the driver. For example, the owner may have neglected maintenance. At the same time, the driver may have failed to observe a traffic sign. Especially if the primary coverage doesn't address all the damages, secondary coverage offers another potential avenue for recovering compensation. Policy limits can create some challenges, but there are also ways for multiple insurers to coordinate compensation.
Determining Fault and Liability
If seemingly everyone is at fault, who is liable? California uses a system of pure comparative negligence. In other words, the insurers must apportion a percentage of liability to everyone who played a negligent role in the accident. Right down to the city forgetting to fix a road hazard, everyone who neglected anything leading up to the accident gets a percentage of the blame and a percentage of responsibility to pay compensation.
Documenting the scene and what happened in the minutes before an accident is always important. In a multi-vehicle claim in California, though, documentation is critical. You have to demonstrate the liability of every party that you consider at fault. Likewise, you may need documentation to counter an insurer's difference of opinion about the apportioning of liability. Even multiple insurers will have to address differences among themselves.
For this reason, get photos as soon as you can after an accident. Your attorney may also look at obtaining video from bystanders, traffic cameras, and even nearby surveillance systems. You want to document the physical damage to all of the vehicles, since it often shows what the chain of events was. Witness statements are also hugely beneficial in these situations, especially if a police officer or a first responder saw something. You need to document your medical situation and bills throughout the process, too.
Possible Challenges
With multiple victims and limited coverage, there may not be enough compensation to go around. Consequently, California's system tends to encourage proactive claimants because they want to claim their compensation while there's still money. Insurers may have conflicting views regarding respective liability. Settlement timing can also be challenging as various parties figure out what they can pay, when to pay, and whom to pay.
If your insurer pays anything before the settlement, subrogation may also happen. This is the right of the insurer to claw back what it paid you from any subsequent settlement you reach.
Pursuing a Claim
California easily has the most complex system in the country when it comes to multiple vehicles, victims, and at-fault parties in an accident. If you're concerned about how to navigate this complex system and obtain compensation through an insurance claim, seek counsel right away.
