- Auto,
Truck and Motorcycle Accidents
- Boating
and Bicycle Accidents
- Wrongful
Death
- Slip,
Trip and Fall Injuries
- Sexual
Harrassment
- Injuries
to Children, Burns and Dog Bites
- Poison
and Mold Cases
- Burns/Fractures
- Pedestrian
Accidents
- Personal
Injury Cases/Claims
Why
Hire An Attorney
1.
An attorney has experience in dealing with complex liability,
coverage, medical payments and lien issues.
2.
An attorney possesses the strong advocacy skills needed
when you have unequal bargaining power with large insurance
carriers.
3.
An attorney can handle your case on a contingency basis,
with a fee paid at the end of the case. An attorney
can save you money by reducing medical liens, allowing
you to receive a greater share of insurance proceeds.
4.
An attorney is familiar with and able to hire any necessary
experts such as reconstruction experts, biomechanic
experts, investigators and other professionals if they
are required for your case.
5.
An attorney will handle the entire matter so your life
can return to normal. Accidents can be traumatic and
emotional, and dealing with a claim can be very disruptive
to your life.
Ten
Tips in Case of an Auto Accident
1.
Stay Calm
- Do
not move injured people.
- Do
not argue with anyone.
- Move
car out of traffic if you are not injured.
- Use
common sense and do not let emotions of the moment,
such as anger, influence your conduct.
2.
Exchange Information
-
Get names and telephone numbers of the other drivers
and any witnesses before they leave the scene.
- Get
drivers license numbers and license plate numbers.
- Get
the name of the other driver's insurer and the policy
number, if possible.
3.
Call Law Enforcement
-
If it is an injury accident, you must report it
to the police.You may not immediately recognize
the extent of your own injury, so if the collision
was serious, the best practice is to contact the
authorities.
- Give
the police officer your version of the accident.
Tell only what you know. Do not guess. Accurately
describe injuries, if any. Be aware that some injuries
do not become apparent until hours or sometimes
days after the accident.
- Get
the police report number, and when it will be available.
4.
Make no admissions of fault
-
Determining who is at fault is often a complicated
question. Do not blame yourself before all of the
facts become known. Do not admit fault, but do cooperate
with the investigating authorities and answer their
questions.
- If
you do not know if you are injured, do not guess.
Say that you do not know whether or not you are
injured. Examine yourself for external injuries.
5.
Take pictures of the vehicles, the scene of the accident,
and your injuries
-
Carrying a disposable camera in the glove compartment
of your car is highly recommended.
- Take
photographs of property damage to your vehicle,
the other vehicles involved and any surrounding
damage.
6.
Report the accident to your own insurance carrier
-
Review your own insurance policy for benefits and
coverage. Determine if you have "Med Pay"
coverage, and utilize it. "Med Pay" is
specifically for your use when you are injured in
an auto accident. There is often an advantage to
using this insurance rather than your own private
medical insurance.
- Cooperate
and be factual with your own insurance carrier.
- You
are not required to speak with any opposing insurance
carrier.
- If
the other driver does not have insurance coverage,
you need to take certain precautions.
- Make
all necessary reporting to the DMV.
7.
If injured, seek medical attention as soon as possible
-
Some injuries may not be felt for a few hours or
a few days. Monitor your condition.
- It
is recommend that you see your primary physician
prior to seeking chiropractic or other alternative
treatment.
- If
you are injured, it can be a long process to settle
your claim. You should wait to settle until the
full extent of your injuries is known. Do not rush
settlement of your injury claim (but keep in mind
there are statues of limitations and you must take
legal action before the statue expires). You may
settle your property damage claim separately from
your personal injury claim. Ordinarily, you will
settle property damage with your own insurance company.
8.
Do not discuss the accident with anyone
-
You may speak with your doctors, lawyers, close
family members and your own insurance carrier.
- We
recommend that you do not discuss anything with
opposing insurance companies
- If
you do not yet have an attorney, refer the caller
to the police report or your own insurance carrier.
9.
Seek legal advice
-
If you feel you cannot handle things on your own,
seek the advice of an attorney. Ask friends for
recommendations.
- Consult
with an attorney sooner rather than later (you can
negotiate fees).
- Most
attorneys will tell you if it is simple and you
can handle it yourself.
- There
are various time limitations (or statutes of limitation)
for each type of personal injury case. Some are
rather short. You should ask your attorney about
this.
- You
can probably handle the property damage aspect yourself.
If you are injured, you should seriously consider
hiring an attorney.
- If
the opposing insurance carrier undervalues your
property damage, obtain comparable's from the classifieds
section of your local newspaper. Compare condition,
mileage, year, and model.
10.
Keep a journal
-
Record your version of the facts while they are
fresh in your mind.
- Make
a sketch of the scene of the accident.
- Make
a record of pain, disability or discomfort.
- Keep
a daily journal recording your pain, disability,
discomfort, time missed from work, trips and mileage
to medical providers and any out-of-pocket expenses
incurred.
- Record
any limitations in your life as a result of the
accident.
Eight
Helpful Hints to Maximize a Recovery
1.
Take photographs of your damaged vehicle prior to repair,
and photographs of all physical injuries you sustain
prior to medical treatment (i.e., bruises, scrapes,
etc.). Do not depend on your physician or insurance
carrier to take these photographs.
2. Keep a working camera in your car
at all times, just in case.
3. Retain all physical objects involved
in the accident, including shoes worn (if a slip and
fall), drug and medical bottles and containers, braces,
traction gear, casts, splints and all damaged property
and personal effects. Jurors can relate to physical
evidence.
4. Keep an accurate record of time
missed from work as a result of your injuries, even
if "sick leave" or "vacation time"
was used.
5. Keep a daily diary or journal, and
record, on a daily basis, pain, disability or discomfort
experienced as a result of the accident.
6. Keep an accurate record of all expenses
that you incur as a result of the accident such as mileage,
parking, tolls, co payments, etc.
7. Keep all medical appointments and
cooperate fully with your medical provider.
8. Cooperate fully with your attorney,
which helps maximize your recovery result.
California
Motorist Bill of Rights
1.
DO I HAVE THE RIGHT TO TAKE MY CAR TO THE SHOP OF MY
CHOICE?
- YES.
ONLY YOU may select the repair facility.
2.
SHOULD MY INSURANCE COMPANY BE NOTIFIED BEFORE REPAIRS?
- YES.
Your policy states that, if requested, you must
file a sworn proof of loss, exhibit the damaged
property, and submit to examination under oath.
3.
DO I NEED TO CONTACT MORE THAN ONE SHOP FOR AN ESTIMATE?
- NO.
Only one estimate for the shop of your choice is
required of you, unless more are specifically required
by the terms of your insurance policy. Securing
any additional estimates would be the obligation
of your insurance company. The Bureau of Automotive
Repair requires you be given a written estimate
before starting repairs.
4.
AM I RESPONSIBLE FOR THE COST OF REPAIRS?
- YES.
You are responsible to the repair facility for payment
of repairs. If you are insured, your insurance contract
states that the insurance company will pay you for
the loss, less any applicable deductibles or depreciation.
Any arrangements for payment by your insurance company
are your responsibility.
5.
IS THE REPAIR FACILITY RESPONSIBLE FOR THE REPAIRS PERFORMED
ON MY CAR?
- YES.
The Automotive Repair Act of 1971 requires all repair
dealers to be registered with the State of California
and to post a sign. This act [Section 9884.7 (1)
(g)] indicates that the Department Of Consumer Affairs
may invalidate the registration of the repair dealer
for a number of causes, including willful departure
from or disregard of accepted trade standards for
good and workman-like repair. In particular, this
section would apply to any repairs which would render
a car unsafe. The repair facility will use diligence
in locating parts and materials to expedite repairs.
6.
IF I AM HAVING DIFFICULTIES WITH MY INSURANCE COMPANY,
DO I HAVE RECOURSE?
- YES.
First consult with your insurance agent or broker.
If you continue to have problems, consult with the
Department of Insurance, State Of California, at
their office in Sacramento, San Francisco, Los Angeles,
or San Diego.
7.
IF MY INSURANCE COMPANY DOES NOT AGREE WITH THE AMOUNT
OF LOSS, DO I HAVE RECOURSE OTHER THAN NO. 6?
- YES.
Your policy could provide that, when the insured
and the insurer fail to agree on the amount of loss,
both parties are entitled to arbitration
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DISCLAIMER
The
information and statements above does not constitute
legal advice. The receipt of the above-mentioned
information should not become the formation of
a lawyer or an attorney-client relationship. Any
results in your potential case are only dependent
on the facts of that case and results will vary
based upon different facts and the application
of those facts. The statements are intended to
be general statements of the law in California.
The
statements are intended to give you a general
understanding of what is involved in the criminal
justice system in California and is an attempt
to educate the reader. It is preferable to consult
with a licensed attorney of your choice, or you
may choose to consult with our office to learn
the specifics of the law and how we may tailor
that law to fit your needs. Please understand
that the law is subject to change. Even though
we work hard to update our website, we cannot
guarantee its accuracy at all times.
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