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Question: What to do in case of an automobile accident?
- Do not admit fault—even if you think that the accident may be your fault—the law will decide that later.
- Immediately find witnesses—get the names, addresses and phone numbers of each witness.
- Call the police and request a police report.
- Exchange the following information with the other driver:
- your name (s), address (es) and telephone number (s);
- the names, addresses and policy numbers of the insurance companies;
- the names and addresses of the registered owners of the vehicles involved in the accident;
- Ask to see the other driver's license, registration and insurance card—don't just take their word for it.
- Tell the police and witnesses about your injuries, pain, numbness, tingling or dizziness that you feel as a result of the accident.
- If you are injured, seek medical attention immediately.
- Do not discuss your case with anyone. Do not, in particular, discuss your case with an insurance company representative, until you have spoken to an attorney who, like me, specializes in personal injury litigation.
- If you do speak with an insurance company representative, do not allow him or her to record your conversation. They may not do it without your consent, and you are not obligated to allow recording, no matter what they tell you.
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Question: Can I afford your services? What is a contingency fee?
Answer: Yes, you can. All accident cases accepted by my law firm are handled on a contingency fee basis. This means that my fee is a percentage of the money that I obtain for you. You pay no money to me until I obtain a settlement amount. If I obtain no recovery for you, I charge no fee.
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Question: I was injured in an auto accident. Are there time limits for starting a lawsuit?
Answer: Yes. There are various time limits, as follows:
The time limit, called "Statute of Limitations" in California is two years for a personsal injury claim.
This means that if you want to make a claim for your injuries, you must file a complaint in the proper court within two years of the date of the injury.
If you do not do so, you may lose your right to make a claim.
The two-year period does not begin for an injured minor until the minor's 18th birthday, the two years will expire on the minor's 20th birthday.
If you need to make a claim against any type of public entity, such as a city, county, transit district or public hospital, you must submit a written claim in proper form to the public entity within six months of the date of the injury.
If the claim is rejected in writing, you must then file your complaint in court within six months of the date that the rejection is mailed to you.
If the claim is not rejected in writing, you must file in court within two years of the date of the accident.
Note that the time limits for filing against a public entity are the same for minors and for adults.
You should probably discuss your accident with a personal injury attorney, in order to insure that all deadlines are met. If the deadlines are not met, you may lose your right to recover any money for your injuries.
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Question: I was injured in a hit and run accident. What do I do?
Answer: You should immediately report the accident to the police department where the accident occurred. You should then consult with your attorney, who can assist you in reporting the accident to your insurance company. Your attorney can also help to determine whether your insurance coverage will cover your damages from the accident.
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Question: I was injured in an accident caused by a driver who was uninsured. How can I recover money for my pain and suffering?
Answer: You may be able to recover compensation in the following ways:
- If there is Uninsured Motorist insurance to cover your accident, you can recover compensation from your own carrier. Your attorney can help you to determine if you have coverage.
- You may be covered by the insurance on the car in which you were injured.
- If you were in someone else's car that does not have that insurance but you have it on your own car, you can be covered by your own insurance.
Even if you were not in a car, but were injured in an automobile-related accident (such as a cyclist or pedestrian hit by a car) you can be covered by the uninsured motorist insurance of someone in your household.
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Question: I was injured in an accident that was partially my fault. Can I still recover money damages for my injuries?
Answer: Yes. In California, a person may recover monetary damages for his or her injuries, even if the injured party was partially at fault. However, the recovery will be reduced by the percentage of fault attributable to the injured party.
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Question: I was injured at work. Can I still recover money damages for my injuries?
Answer: In California, most employees are covered by Worker's Compensation. This provides payments for medical and hospital expenses, and partial reimbursement for lost wages, for injuries sustained in the course of employment. Also, workers' compensation benefits may include a lump sum payment for permanent injuries. Generally, if the accident was caused solely by the injured person, his or her employer or a co-worker, the Worker's Compensation benefits are the injured employee's only remedy, and the employee will usually not be entitled to sue his or her employer for money damages for the injuries sustained. However, if a person, business, etc. other than the injured person's employer or co-worker was partially or entirely at fault for the accident, the injured person may sue those responsible parties for his or her injuries.
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Question: I was seriously injured, however my doctor told me that he/she will not testify in court, and will not involve himself/herself in my lawsuit. Can I still recover money damages for my injuries?
Answer: Yes. Even if your doctor is unwilling to cooperate in any way with your claim or lawsuit, we can usually obtain copies of the medical and hospital records documenting your injuries. Also, duplicate copies of x-rays, M. R. I. films, C.T. scan films, and other diagnostic tests can be obtained to further document your injuries. Often, these records will be enough to prove your injuries and obtain a settlement before trial. In the event that your case is not settled prior to trial, another physician can usually testify as an expert witness on your behalf.
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Question: I am not happy with the attorney who is handling my case, and want to replace him or her. Can I change attorneys? Do I still have to pay the attorney who I want to replace?
Answer: Yes, you have the right to change attorneys. Your former attorney may have a claim against you for the value of services rendered up to the time you dismiss your lawyer. If your legal matter is a personal injury case handled on a contingency fee basis, your attorney may be entitled to a fee for services rendered; however, you are not required to pay this legal fee when you change attorneys. Instead, when your case is resolved, the two attorneys will divide the single fee at the conclusion of your case. You won't pay two attorney's fees when you replace your attorney.
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Question: Do I really need an attorney? Why can't I settle my case on my own.
Answer: An attorney can help protect your rights and the value of your claim from the beginning of your case.
If most insurance companies would settle claims for fair value, we wouldn't need personal injury attorneys. Too often insurance companies try to take advantage of claimants without lawyers. The companies know that the claimant may not know how much a claim is worth. Even if a claimant knows the value of the claim, there is no way to force the insurance company to pay fair value except by obtaining a judgment in court. Insurance companies know that most non-lawyers can't do that alone.
Too often, clients have come to me because the insurance company offered so little that the client was forced to hire an attorney. Your attorney can do the following:
- speak with the insurance company for you, so the company can't use your own words against you
- help you to obtain necessary medical treatment
- obtain the evidence necessary to fully present your claim to recover full and fair compensation for your injuries.
It costs you no more to have the assistance of an attorney from the beginning of your case than to hire one at the end. It can cost you a lot if you deal directly with the insurance company and inadvertently give to the company information that can be used against you. The exception to this rule is a case that belongs in Small Claims Court. (See Small Claims Court link on Resources page.)
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Question: Why automobile insurance is important to you?
I am not a fan of insurance companies—I fight them every day. However, I recognize that insurance has benefits for each of us. To understand what type of insurance is best to have, it is important to understand what types of insurance are available, and what will happen without insurance coverage.
TYPES OF INSURANCE COVERAGE
LIABILITY INSURANCE - REQUIRED BY LAW
The laws of the State of California require that every motor vehicle on the public roadways be covered by some form of liability insurance. This is insurance that will pay to compensate a person who is injured or whose property is damaged in an accident that is your fault.
The minimum coverage limits allowed by law are:
- $15,000.00 per person,
- up to $30,000.00 per accident, and
- $5,000.00 for property damage (such as a damaged automobile). This is usually abbreviated as: "15/30/5".
- With this minimum insurance, if you injure someone in an automobile accident, your insurance carrier will pay:
- one person for injuries of up to a maximum of $15,000.00
- If two or more people were injured, they will be paid a total of no more than $30,000.00
- no one person can receive more than $15,000.00
- Repairs to their vehicle or other damaged property will be paid up to a maximum of $5,000.00.
If you have only this minimum insurance, you will be complying with the law, and will have insurance to pay the other person (up to the stated limits) if you are involved in an accident that is determined to be your fault. You will have no insurance to protect yourself or your own vehicle.
UNINSURED & UNDERINSURED MOTORIST INSURANCE - PROTECTING YOURSELF & YOUR FAMILY.
You may find yourself injured in an accident with a person who has no insurance, or who has insurance with very low limits (like the minimum). If the accident is the other person's fault, you may still be able to receive compensation if you have purchased Uninsured/Underinsured Motorist insurance.
This type of insurance:
- protects you and those in your car by covering injuries caused by an uninsured driver
- pays you as though it were the insurance of the other driver who caused the accident
- protects you and those in your car, so you may want to buy insurance with higher limits than the minimum 15/30/5.
Underinsured Motorist insurance comes with Uninsured Motorist Insurance. It will cover you:
- if your injury claim is worth more than the limit of the other driver's insurance;
- you can be compensated for the full value of your claim, up to the limit of the higher of the two insurance policies (yours or the other guy's). For example:
- if you have a limit of $25,000.00
- the other driver has a limit of $15,000.00
- your injury claim is worth more than the $15,000.00
- after collecting the limit of the other policy, you can claim up to another $10,000.00 from your own policy.
Remember, with Uninsured/Underinsured Motorist insurance, you still need to prove the value of your claim, just as though you were making a claim against the other driver's insurance. Your own insurance company will not be "on your side", but will treat you as though you were "the other guy" and will seek to pay you as little as possible. You may benefit from the assistance of an attorney who specializes in personal injury law. When an accident is not your fault, making a claim against your own Uninsured/Underinsured Motorist insurance should not cause your insurance rates to increase.
MEDICAL PAYMENTS
Medical Payments coverage through your automobile insurance is designed to pay
- the medical bills of all persons in your car in the event of an accident, no matter who was responsible for the accident
- even if the accident is your fault, Medical Payments coverage will pay for your reasonable, necessary medical treatment required as a result of the accident, up to the limit that you have purchased.
- limits usually run from $1,000.00 to 25,000.00 per person.
- for example, if there are four people in your car who are injured in an automobile accident
- with $1,000.00 Medical Payments limits, the insurance will pay for up to $1,000.00 of medical treatment for each person
- This insurance can cover you and the members of your household even when not in a car, if you or they are involved in an automobile-related accident, such as a pedestrian or bicyclist hit by a car, or even a fall while getting into or out of a vehicle.
- This type of insurance coverage is not very expensive and can save you a lot of money if you are injured in an accident.
- When shopping for insurance, be careful, as some medical payment coverage has a deductible or pays only a percentage of the medical bills
- Even if you have another health insurance plan, Medical Payment coverage will allow you to see a doctor outside your health plan, and may allow you to receive the treatment you need faster than from your regular health plan.
- Many Medical Payment insurers require repayments of the benefits if you collect from another driver's insurance. Even so, you may not need to repay the full amount, leaving more compensation for you.
COLLISION & COMPREHENSIVE COVERAGE.
- Collision coverage pays for the repair of your car if it is involved in a collision. Usually, you must pay the first $50.00 to $1,000.00 of the cost of the repair as your deductible.
- Remember to select a deductible amount that you can afford to pay in the event of an accident. Some people lower their insurance rates by choosing a high deductible, but find when their car is damaged that they cannot come up with the money to pay the deductible, so the insurance coverage does them no good.
- Comprehensive coverage pays for the repair of damage to your car caused by other than a collision; for example, by theft or vandalism.
If your car is newer or valuable, you may wish to protect it by having Collision and Comprehensive coverage. (If your car is worth very little, it may not be worth insuring with this kind of coverage). If your car is financed, your finance contract probably requires that you have both Collision and Comprehensive coverage.
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Question: What are the penalties for driving without insurance?
YOU CANNOT COLLECT ALL YOUR DAMAGES. If you are the owner or driver of a vehicle with no insurance and you are injured in an accident, California law says that you are limited in what you can be paid for your injuries.
- Usually, an injured person can recover compensation for two types of damages: economic and non-economic.
- "Economic damages" means payment for out-of-pocket expenses
- medical bills
- lost income
- damage to your car or your property.
- "Non-economic damages" means payment for
- pain
- suffering
- inconvenience and damage to your lifestyle.
"Non-economic damages" are usually the largest part of a personal injury recovery. If you are a driver or owner of an uninsured vehicle and you are injured in an accident in that vehicle, you may only recover your economic damages. You are not allowed to recover non-economic damages. This severely reduces the amount of your recovery and may make it difficult for you to obtain the legal assistance you need.
YOU MAY LOSE YOUR LICENSE. The law requires every driver to report to the DMV any motor vehicle accident in which a person is injured or in which damage to property exceeds $500.00. If the DMV finds out that you own or were driving a vehicle that was involved in an accident on a public street and that was not covered by insurance, the DMV may suspend your driver's license for one year and until you pay a reinstatement fee and show proof of insurance. It doesn't matter if the accident was not your fault. If your license was suspended for this reason, you may be able to get a restricted license to be used for a limited purpose, such as driving for a living, or to transport a child to school or a sick person to the doctor. Before you decide to run the risk of driving without insurance, remember, even the world's best driver can get hit by someone else. It is not worth the risk.
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