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What is the Pure Comparative Negligence Concept in the Case of Car Insurance San Jose?

Because San Jose follows the ‘fault’ system regarding traffic collisions and before you get car insurance quotes in San Jose, you should know the process in order to determine who is at fault if an accident occurs. If you are involved in a car accident, you would certainly like to cover all your damage costs and perhaps medical bills through car insurance company’s expenses. If you only have purchased the basic minimum coverage, you will need to repair your car and pay the medical bills by your own if you’re the faulty-part. But according to the California laws, the fault might be divided between the drivers involved in a car accident. If you are considered to be guilty in that accident but you consider that you are not totally to be blame with, you can file a lawsuit for car accident negligence against the other drivers involved in the incident. Assuming that there were 2 involved drivers, during the lawsuit both drivers will try to prove that he is not guilty and there was the other driver’s negligence as the cause of the collision. You can try to defend yourself with the witnesses, if there’s any.

During the lawsuit, there will be a use of the pure comparative negligence concept. Even if the driver who filed the lawsuit has a slightly fault, he will still recover the percentage he is not at fault from the defendant. This means that the fault will be spread in proportional or degrees fault. In this situation, you might end up with a fifty-fifty fault percentage or something similar to these (of course, these percentages are purely informative and will vary from one lawsuit to another depending with the given situations).

For example, if you are found at fault with a percentage of 30%, you will still be able to recover 70% of the total accident related expanses you made (medical bills, car’s reparation). You will receive this amount of money from the other driver’s car insurance company.

In case you are wondering which might be the negligence cases, where the percentage fault applies, you can find some examples below.

If you drive with a high speed, you might be accused of driving without enough care. But if you were about to cross a highlighted hazard zone, you might defend yourself for driving too fast because some of these zones are especially created to allow drivers to increase their vehicle’ speed.

Another situation could be if you’re charged by failing to pay attention. This usually happens if you are involved in a car accident with a construction vehicle when the other vehicle was not flagged as it is supposed to be.

There are plenty of examples of driver’s negligence like: intentional and reckless acts, illegal turn from a wrong lane, inappropriate use of vehicle’s brakes, failure in maintaining safe distance among vehicles involved in traffic, vehicle defect and the list could longer continue.

You could simply avoid these situations by purchasing collision coverage. In this case, even if you’re the faulty part your expenses will be covered by your insurance company.

To avoid uncomfortable situation, choose the appropriate auto insurance for your needs. You can check the best car insurance quotes in San Jose by entering your zip code here.