If you’ve been injured in a car accident caused by someone else’s negligence, you may be entitled to compensation for your losses. However, insurance companies and defense attorneys often use specific strategies to reduce or deny claims. Understanding these defenses can help you prepare for the challenges ahead. At Wilshire Law Firm, we help accident victims navigate the legal process and protect their rights under California law.
Common Defenses in Car Accident Claims
1. Comparative Negligence
California follows a pure comparative negligence rule, meaning your compensation can be reduced if you share fault for the accident. For example, if you are found 20% at fault, your recovery may be reduced by that percentage.
2. Failure to Mitigate Damages
Defendants may argue that you did not take reasonable steps to reduce your losses, such as seeking timely medical care or following treatment plans.
3. Pre-Existing Conditions
Insurance companies often claim that your injuries existed before the accident. Medical records and expert testimony are critical to proving the crash caused or worsened your condition.
4. Lack of Causation
The defense may argue that the accident did not cause your injuries. They might suggest another event or factor was responsible.
5. Statute of Limitations
In California, you generally have two years from the date of the accident to file a personal injury claim. Missing this deadline can bar recovery.
How to Counter These Defenses
Building a strong case requires:
- Accurate documentation: Medical records, accident reports, and photos.
- Expert testimony: Doctors and accident reconstruction specialists can support your claim.
- Legal representation: An experienced attorney can anticipate defenses and prepare evidence to counter them.
What Damages Can You Recover?
If your claim is successful, you may be able to recover compensation for:
- Medical expenses and future care
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
Every case is unique, and the amount of compensation depends on the facts of your situation.
Do You Need a Lawyer for a Car Accident Claim?
Car accident cases often involve complex liability issues and aggressive defense strategies. An attorney can help you:
- Investigate the accident and gather evidence
- Negotiate with insurance companies
- File a lawsuit if necessary
At Wilshire Law Firm, we offer free consultations and work on a contingency fee basis, which means no fees unless you get paid. Costs and expenses may be your responsibility.
Why Choose Wilshire Law Firm?
- Award-winning legal team with extensive experience in motor vehicle accident cases
- Compassionate guidance for injured individuals
- Proven track record of advocating for clients across California
We understand the challenges accident victims face. Our goal is to help you protect your rights and seek justice.
Frequently Asked Questions About Car Accident Defenses
What if I was partially at fault?
You may still recover compensation under California’s comparative negligence rule, but your award will be reduced based on your percentage of fault.
Can the insurance company deny my claim entirely?
Yes, they may attempt to deny your claim, but you have the right to challenge their decision through legal action.
What if the other driver was uninsured?
You may have options through uninsured motorist coverage or other legal remedies. An attorney can explain your rights.
Contact Wilshire Law Firm Today
If you have questions about car accident defenses or need help with a personal injury claim, we are here to assist you. Call us 24/7 for a free consultation.
