When you file a car accident claim in California, the insurance company may not simply accept responsibility. It may argue that you caused part of the crash, that your injuries existed before the accident, or that the collision did not cause the losses you are claiming.
Knowing these defenses can help you understand what the insurer is actually disputing and what evidence may matter.
Key Takeaways:
- Comparative Fault: The insurer may argue that you share responsibility for the crash, which can reduce your recovery.
- Causation: The defense may claim that the accident did not cause your injuries or that another condition caused them.
- Deadlines Matter: Missing the applicable statute of limitations can prevent you from pursuing a lawsuit.
In a Hurry? Dial 213-596-0265 now!
What Are Common Defenses Against Car Accident Claims in California?
The most common defenses involve fault, causation, injuries, damages, and timing.
An insurer may argue that you were partly responsible for the collision, that your injuries were pre-existing, that you failed to follow reasonable medical care, or that your claimed damages are greater than what the evidence supports.
The Defense May Also Argue That Another Accident or Medical Condition Caused Your Injuries
1. You Were Partly at Fault
California uses comparative fault. If the other side proves that you were negligent and that your negligence contributed to your injuries, your damages can be reduced according to your percentage of responsibility.
For example, suppose your damages total $100,000, and you are found 20% responsible for the accident. Your recovery could be reduced by 20%.
The insurer may claim that you were:
- Speeding
- Distracted
- Following too closely
- Changing lanes improperly
- Failing to yield
- Driving too aggressively
An insurer’s accusation is not proof. Photos, traffic footage, witness statements, vehicle damage, and other evidence can help establish what actually happened.
2. Your Injuries Were Pre-Existing
An insurer may argue that your injury was caused by a condition you had before the crash.
This is common when someone has a history of back, neck, shoulder, or other medical problems.
But a pre-existing condition does not necessarily prevent you from recovering compensation. California recognizes claims involving the aggravation of a pre-existing condition. The current California civil jury instructions specifically address this issue.
For example, you may have had occasional back pain before an accident but developed substantially worse symptoms afterward.
The important question is not simply whether you had a prior condition. It is what the accident caused or made worse.
Medical records from before and after the collision can help establish that difference.
3. The Accident Did Not Cause Your Injuries
The other side may accept that the crash occurred but dispute whether it caused your injuries.
This can happen when:
- You had similar symptoms before the accident.
- You waited to seek treatment.
- There is a gap in medical care.
- You were involved in another accident.
- Another medical condition could explain your symptoms.
California negligence claims generally require the defendant’s conduct to be a substantial factor in causing the harm.
Your medical history and treatment timeline can therefore matter.
If your records show what you were experiencing before the crash, when your symptoms changed, and what doctors found afterward, they may help address a causation defense.
4. You Failed to Mitigate Your Damages
The insurer may also argue that you could have reasonably reduced some of your losses after the accident.
For example, it might question why you delayed treatment or stopped following a recommended treatment plan.
This does not mean you have to follow every recommendation regardless of your circumstances. The issue is whether you acted reasonably to address your injuries and limit avoidable losses.
Keeping medical records and documenting why treatment was delayed, changed, or discontinued can help explain your decisions.
5. Your Damages Are Too High
Sometimes the insurer does not deny that you were injured. Instead, it disputes how much your claim is worth.
It may question:
- Whether your medical treatment was necessary
- Whether your medical expenses were reasonable
- Whether you actually lost the claimed income
- Whether you need future treatment
- Whether your injuries justify the amount claimed for pain and suffering
California’s civil jury instructions recognize recovery for reasonably necessary medical care and address both past and future medical expenses.
This is why medical records, bills, employment records, and evidence of your day-to-day limitations can be important.
6. Another Accident Caused Your Injury
A prior or subsequent accident can give the defense another way to challenge causation.
Imagine that you were involved in one accident in January and another in June. If you later require surgery, the insurer may argue that the second accident caused the condition rather than the first.
In that situation, the timeline matters.
Medical records, accident reports, witness statements, and treatment history can help establish what changed after each event.
7. You Filed the Lawsuit Too Late
California generally gives two years to bring an action for personal injury caused by another person’s wrongful act or neglect under Code of Civil Procedure section 335.1.
But that is not a universal deadline for every situation. Different rules can apply depending on the defendant and the type of claim.
For example, claims involving government entities can involve separate claim requirements.
Do not assume that negotiating with an insurance company automatically extends the deadline for filing a lawsuit.
How Can You Respond to These Defenses?
The best response depends on what the insurer is challenging.
If the dispute is about fault, focus on evidence showing how the collision happened.
If the issue is your injuries, your medical records and treatment history become important.
If the insurer claims your condition was pre-existing, records from before and after the accident can help show what changed.
If the issue is damages, documentation of medical expenses, lost income, and your limitations can support the amount being claimed.
And if the dispute involves the filing deadline, speak with an attorney promptly rather than relying on the insurer’s timeline.
Can You Still Recover If You Were Partly at Fault?
Yes. Being partly responsible does not automatically prevent you from recovering damages in California.
The California comparative fault system reduces damages according to the injured person’s share of responsibility rather than using an all-or-nothing rule.
For example, if you were 10% responsible for a crash and your total damages were $100,000, your recovery could be reduced to $90,000.
The actual percentage depends on the facts and evidence in the case.
What Evidence Can Help With a Car Accident Claim?
Start preserving evidence as soon as possible.
Useful information may include:
- Photos of the vehicles and accident scene
- Dashcam or surveillance footage
- Witness information
- Police reports
- Medical records
- Medical bills
- Employment and wage records
- Vehicle repair records
- Insurance correspondence
Don’t assume the police report or insurance company’s investigation will contain everything you need.
Video can disappear. Witnesses can become difficult to locate. Your own recollection can also become less precise with time.
Final Thought
A defense against a California car accident claim does not automatically mean the claim will fail. The insurance company may be testing whether you can establish fault, causation, the extent of your injuries, and the damages you are seeking.
California’s comparative fault rules also mean that sharing some responsibility does not necessarily end your claim.
The important thing is to understand what the insurer is disputing and have evidence that addresses that specific issue.
If you are facing a disputed car accident claim in California, Tenina Law can review the circumstances of your accident and explain your legal options.
In a Hurry? Dial 213-596-0265 now!
“This article provides general legal information and is not legal advice. The deadlines and legal issues affecting a personal injury claim can vary depending on the circumstances. Consult a qualified California attorney about your specific case.”
