Is auto recovery available for people in California?

Auto recovery, also known as subrogation, is a process insurance companies use to recover compensation for damages they paid to their customers from other parties. In the state of California, subrogation is allowed in certain situations.

California follows a "pure comparative negligence" rule for personal injury cases, which means you can still seek recovery for damages if you are determined to be partially responsible for an accident. However, a jury or arbitrator will reduce the amount of damages awarded based on your percentage of fault.

Insurance companies may attempt to recover subrogation payments from the liable party or party's insurance carrier. If the defendant is found at fault or contributed negligence, the insurance company may pursue a legal action to recover the amount paid.

California law also allows for recovery of subrogation payments from underinsured or uninsured motorists. If an at-fault driver does not have enough insurance coverage to cover the extent of the damages, their insurance company will usually pay up to the limits of the policy. However, the victim's insurance company can seek subrogation to cover any additional expenses related to the accident, such as medical bills, lost wages, or vehicle repair costs.

You should check with your auto insurance policy to see if it includes a subrogation clause and understand your rights and options if your insurance company seeks subrogation payments in your case.