Santa Monica, CA Car Accident FAQs

If you have already read the basics about car accident claims, your situation may still raise questions that general guides do not answer. Santa Monica’s streets carry rental cars, out-of-state drivers, and emergency vehicles every day, and each one can change who pays and how a claim moves forward. Our Santa Monica, CA personal injury lawyer answers these questions for clients after crashes on city streets, Pacific Coast Highway, and the I-10 freeway. Cohen Injury Law Group prepared the answers below, along with the California laws that apply to each situation. For common first questions, see our general car accident FAQs.

Can I Bring a Claim if the Driver Who Hit Me Lives Out of State?

Yes. A nonresident who drives on California roads is treated as having appointed the director of the DMV as an agent to accept legal papers in lawsuits arising from a crash here. The driver’s insurer typically handles the defense. Our blog explains how tourist traffic affects crashes in Santa Monica.

Is a Rental Car Company Responsible for Its Renter’s Crash?

Usually not just because it owns the car. A federal law known as the Graves Amendment bars claims against a rental or leasing company based only on ownership, as long as the company was not negligent and committed no criminal wrongdoing. The claim generally goes to the renter’s auto policy, any coverage bought at the counter, and your own uninsured or underinsured coverage. The company can still answer for its own negligence, such as renting out a car with bad brakes. The same rule covers rented moving trucks, which our truck accident lawyer in Santa Monica, CA handles.

Can I Make a Claim if I Was a Passenger in My Own Car?

Passengers can generally make a claim against the driver of the car they were in, whether a friend, a relative, or a rideshare driver, and that claim typically goes to the insurance covering the vehicle. Owners are the exception. An owner riding in their own car while someone else drives it with permission cannot recover from that driver unless the injury resulted from the driver’s intoxication or willful misconduct. This limit does not affect a claim against another driver who caused the crash.

Does a Traffic Ticket Decide Who Was at Fault?

No. A conviction for a Vehicle Code violation does not bind the parties in a later injury lawsuit, so the civil case decides fault on its own evidence. A ticket does not end the dispute, and the lack of one does not clear the other driver. The underlying violation can still matter, because breaking a safety law can create a presumption of negligence. The police report often guides how insurers view the claim.

Who Can File a Wrongful Death Claim After a Fatal Crash?

California limits who can sue. The claim may be brought by the surviving spouse or registered domestic partner, children, and grandchildren whose parent has died. If the person left no children or grandchildren, those who would inherit under California’s intestate succession rules, such as parents, may bring the claim. Certain dependents may also qualify, including stepchildren, dependent parents, and some minors who lived in the household. Cohen Injury Law Group handles wrongful death claims in Santa Monica and represents families in nearby Culver City.

What If the At-Fault Driver Died in the Crash?

The claim does not end. An injured person can sue the deceased driver’s estate to establish liability covered by insurance, without naming a personal representative. This helps when no probate case is open. Under Probate Code §554, recovery in that kind of case is limited to the insurance coverage unless the personal representative is added as a party and a claim is filed against the estate. Our car accident lawyer in Santa Monica, CA handles these filings.

Will I Have to Repay My Health Insurer From a Settlement?

Often, but California caps what many health plans can recover. A lien by a health plan or health insurer is generally limited to what it paid for your care, and it cannot exceed one-third of your recovery if you have an attorney, or one-half if you do not. The lien is also reduced in proportion to your attorney fees and costs. These limits do not apply to Medi-Cal, workers’ compensation, or hospital liens, and federally governed employer plans may differ. Our contingency fee guide explains how liens affect your final share.

Talk to a Personal Injury Attorney in Santa Monica, CA About Your Questions

Attorney Wayne R. Cohen has practiced law since 1991, and USA Today has featured his commentary in coverage of changes at the Baltimore Police Department. Attorney Nicholas E. Cohen, a graduate of Loyola Law School, works with him to answer client questions as each case develops.

Consultations are free, and you pay no attorney fees unless we recover compensation. Contact our team to ask about your situation.

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