Car, Truck, and Motorcycle Accident FAQs

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  • Will my car insurance cover drivers who are not listed on the policy?

    Although your car insurance will often cover drivers who are not listed on the policy if they had permission to borrow your vehicle, there are some important exceptions to this rule of which you should be aware. If you lend your car to someone who is not covered, both you and the borrower of the car can be held personally liable for all damages caused by the borrower.

    Coverage for Other Members of the Household

    Many policies require members of the household who are over driving age to be listed by name, while others offer more general coverage to all household members. However, household members are typically defined as people who live in the house and are related through marriage, blood, or adoption. If you are living with a roommate or partner, and you let them use your car, to assure they are covered by your insurance policy, you will need make sure they are listed by name on the policy.  If you do not, you may place yourself at risk that your vehicle is not insured while a roommate or partner are driving your vehicle.

    Coverage Under the Concept of Permissive UsePermissive use of vehicles and insurance

    When you allow someone who is not a member of your household, or who does not live with you, to borrow your vehicle, the concept of permissive use may provide coverage in the event of an accident. This coverage is not necessarily the same level as you would have for yourself when you are driving.  Many insurers apply a higher deductible or lower coverage payment limits to permissive user accidents.  You need to read your policy carefully to make sure you have the right coverage for permissive user accidents.

    Permissive use does not apply to people who drive your car on a regular basis or someone who will be borrowing your vehicle for an extended period of time. This type of coverage is intended for short, infrequent trips only.  For example, a relative comes to visit and you are going to let your relative use your car for the month long visit.  You should have his or her name included on the insurance policy.  However, if that same relative is only staying for a week or a few days and is going to use the car for running an errand or two while staying with you, there is no need to include them on the policy, they would most likely be covered.  You should check with your insurance agent or your policy to make sure coverage is provided.

    Business use on a non-commercial policy is generally not covered under permissive use.  This is true even if you are just letting a friend borrow your vehicle for a day to attend client meetings or make deliveries. Any type of commercial activity requires specific business insurance coverage.

    All drivers who qualify for permissive use coverage must have a valid driver's license. Allowing someone with no license, a suspended license, or a revoked license to drive your car will invalidate your coverage.  Check that the borrower has a current license before letting him or her use your car.

    Keep in mind that some insurance policies exclude permissive use altogether. Exclusion against permissive use are often found in low cost insurance policies.  If you have any doubts about your coverage, you should contact your insurance agent for details.

    Excluded Drivers

    Excluded drivers are people who are prohibited by name from driving a vehicle. This is most often because they have a record of unsafe driving behavior, such as a DUI conviction, reckless driving charge, they are a high risk driver, or have caused multiple accidents in a short timeframe. 

    Not all policies allow excluded drivers, but some will let you exclude a driver to save money or prevent the policy from being canceled entirely. If you exclude a driver by name, permissive use no longer applies. If you allow the excluded driver to drive your car, or you negligently allow the driver access to your vehicle, you will have no insurance coverage in the event of an accident.  In this case, you and the driver will be held personally liable for damages.

    Liability for Accident-Related Damages

    When a car is driven by someone other than the registered owner, the owner's policy is the first source of coverage. If the owner's policy does not apply, the driver's auto insurance may afford coverage. However, not all policies will pay for damage caused to borrowed vehicles.

    If no insurance coverage is available, the owner can be held personally liable for the damages, unless someone else is at least partially responsible for the accident. In this case, a personal injury claim would be reduced by another driver's percentage of fault. Claims can include compensation for medical care, lost wages or loss of future earning capacity, and pain and suffering.  Under some circumstances the financial liability of an owner of a vehicle used with permission can be limited by law.  California Vehicle Code §17151.

    An injured person has two years to file a personal injury claim for damages related to an auto accident. Contacting an attorney is strongly recommended, due to the complex liability issues involved in an accident where someone other than the policyholder was driving.

    The dedicated legal team at Inland Empire Law Group has extensive experience assisting California residents in receiving the personal injury compensation they need to move forward with their lives following a car collision. Call us today to schedule a free, no-obligation consultation at either our Rancho Cucamonga and Victorville offices.  (909) 481-0100 or (760) 243-9100.  Call now to preserve and enforce your rights.

     

  • Should I wait until I’ve reached Maximum Medical Improvement before I settle my case?

    When it comes to settling your personal injury claim, patience is a virtue. Insurance adjusters will commonly give a low settlement offer shortly after an injury.  They know that many people will be anxious to have the matter resolved and not get attorneys involved. However, waiting until you know the real nature and extent of your injuries, and even waiting to reach the point where you reach Maximum Medical Improvement (MMI), your settlement results will generally be better than accepting a quick settlement.

    About Maximum Medical Improvement (MMI)

    Reaching MMI means you've recovered from your injuries as fully as doctors expect you will be able to recover. For minor injuries, this is generally full recovery so you have no remaining problems with your injuries. For more serious injuries, your MMI may be a point at which any existing pain or physical limitation have stabilized, but the injuries are expected to be permanent. Doctors can make an educated assumption as to what your ongoing care will involve, but they may not be able to forecast many years into the future.

    Your doctor will decide when you've reached MMI based on physical examinations and the results of any diagnostic tests applicable to your injuries. In some cases, a second opinion might be needed to decide if you've recovered as fully as can be expected.

    The Importance of Waiting to Reach MMI Before Settling Your Claim

    Once you've accepted a personal injury settlement, you're releasing the other party from any future liability for your injuries. You can't go back and ask for more money if your injuries turn out to be more serious than you thought. This can make settling before you reach MMI a risky gamble.  In some situations, settling early can be your best alternative.  Utilizing the skill of a good personal injury lawyer to judge the best time to settle is key to maximizing your best recovery.

    Although doctors can provide a general timeframe for your physical and emotional recovery from specific injuries, everyone's case is different. What first looks like a simple problem may turn out to be something more serious. For example, a small percentage of people who suffer a concussions experience what's known as post-concussion syndrome and remain bothered by headaches, dizziness, and mild cognitive deficits months or years after the initial injury. Another example would be broken bones that don't heal properly and require repair or surgery.

    Handling Expenses While You Wait for a Settlement

    Watching unpaid bills accumulate can be very stressful, but you have several different options for handling your finances while you wait for a settlement.

    • Utilize your own health insurance to pay your medical bills until you recover from the opposing party
    • Have your attorney negotiate a lien agreement with the medical care providers to wait for payment until you receive a settlement
    • Have your attorney negotiate reductions or payment plans on the amount owed on your medical bills, then pay cash from your personal savings until you get paid back when you finally reach a settlement
    • Borrow money from friends or family to be repaid from settlement proceeds
    • Temporary cut out unnecessary expenses such as restaurant meals or buying new clothes
    • Sell unwanted items to generate extra income

    While your claim is pending, you may be contacted by companies offering to loan you money now against a settlement you will receive in the future. This is known as a personal injury settlement loan, advance settlement funding, or lawsuit advance loan. When the loan is approved, the financing company will place a lien on the proceeds of the settlement. There is no credit check involved and only cases with a high likelihood of reaching a settlement will qualify. However, the interest rate and fees on this type of loan can often be more than what you'd pay with a credit card or personal loan. This type of loan is also not federally regulated, which means it's your responsibility to investigate the trustworthiness of the lender thoroughly before agreeing to the terms.

    Seeking Legal Representation

    Personal injury law is complex and insurance adjusters are often counting on you being anxious to settle your claim. The insurance adjusters are also hoping you will not go to an attorney who can assist you in protecting your rights of recovery.  Having an experienced attorney to advocate for your needs is the best way to maximize the size of your settlement.

    Personal injury attorneys accept cases on a contingency basis, which means legal fees are paid as a percentage of the settlement. There is no upfront payment required, so you're not pressured to settle early in order to reduce the fee for representation.

    Inland Empire Law Group's attorneys are committed to helping California residents who've been injured due to the negligence of others resolve their personal injury claims or to fight for them in court. Call today at (888) 694-3529 to schedule a consultation at our Victorville or Rancho Cucamonga offices.

     

  • Should I talk to my insurance company about my accident?

    Talking to insurance company after car accident

    You have a legal obligation to cooperate with your car insurance claims representative regarding the facts of your collision. However, it's vital that you understand the scope of what information you are required to provide so you don't inadvertently damage your case.

    Filing Your Claim

    Your first priority after an auto accident should be seeking medical attention for any serious or life-threatening injuries. After the immediate medical needs of all involved have been addressed, you will want to provide information to law enforcement officers on the scene regarding the facts of the collision and how it occured. When dealing with law enforcement, make sure you are honest and that you describe how the collision occurred to the best extent possible. If you can, take pictures of the accident scene and secure contact information from any witnesses or from the other driver.

    Although you should file your claim promptly, it's not necessary to contact your insurance company the same day as your accident or while at the scene of the accident. It's fine to wait until you return home or until you've had a chance to rest and recover from the initial shock of the collision.

    If you're worried about the cost of the accident and how it will affect your future insurance premiums, you might be tempted to forgo making a report. However, you must report all accidents—even if you believe the other driver is 100 percent at fault. The terms of your policy most likely require full disclosure of every accident. It's also possible that you may be found partially at fault for the accident and you rinsurance company may need to defend you. Additionally, it is posbbile the other driver has insufficient insurance coverage to provide reimbursement for your damages and you may need to make an underinsured motorist claim against your own insurance company. If you have not been cooperative, you may compromise your own bility to protect yourself from claims or your right of recovery.

    Your Insurance Company’s Rights

    Policy terms vary, but most auto insurance companies require the following after an accident has been reported:

    • You must provide a basic factual account of the accident. This includes a general statement of what happened before and immediatly after the accident, identity of those involved and witness names to the collision. Your insurance comapny may ask about contact information for the doctors who are treating your injuries, but this information should be withheld until you speak with an attorney.
    • You must allow access to your medical and work records. Your insurance agent will likely ask you to sign a form authorizing the release of these records so your losses can be formally verified before a settlement offer is made.  I do not recommend that you provide the insurance company with an authorization to secure your medical records without first consulting an attorney.  Those are your private records and you control the distribution of those records.  However, at the time you are prepared to resolve your claim you will then be required to provide the medical record and billing information required to justify settlement of your claim.
    • You must allow the insurance company's representative to inspect your vehicle. Taking pictures of your vehicle damage at the scene of the accident is helpful, but the insurance company is entitled to request an in-person inspection before repairs are made.

    Understanding Subrogation

    The concept of subrogation rights may also factor into your car accident settlement. Subrogation is intended to prevent double recovery, which means you're not allowed to profit twice from a car accident settlement.

    Subrogation refers to the right of a third party to collect reimbursement for any payments they've already made on your behalf if another party is found liable for the incident and pays for those same losses. In a car accident case, this can happen when you use your own car insurance to pay for repairs to your car or your own health insurance to pay medical expenses. If you're covered by government assistance benefits such as Medicaid or Medicare, subrogation will apply as well.  The government requires a person using public healthcare benefits to repay that which has been expended by the government and then recovered by the injured party from another insurance company.

    Hiring an Attorney

    Unfortunately, your insurance company may not have your best interests in mind as they're working to process your claim. To protect yourself, it's best to obtain professional legal representation.

    A skilled personal injury attorney can guide you through every step of the settlement process. Your attorney can:

    • Review any release you sign to make sure you're not giving permission to the insurance company to look at irrelevant information such as your credit history, unrelated medical historical medical care or any medical condition not related to your current injuries.
    • Participate with you at any statement you may provide to make sure you're not providing information that could be misinterpreted or used against you.
    • If you're determined to be partially at fault for the accident, the attorney can negotiate on your behalf to lower your percentage of fault. Since there is no set formula for determining fault following an auto accident, a skilled attorney can increase your eligibility for compensation by showing that you are either not liable, or less liable for the collision than what the opposing side wants to attribute to you.
    • Locate experts to testify on your behalf and obtain evidence to support your case.
    • Make settlement demands and review settlement offers to make sure they adequately compensate you for your damages. 
    • If appropriate settlements are not received, the attorney will prepare the case for trial and then try the matter to secure a proper verdict for all the medical expenses, loss of earnings, other out of pocket losses as well as the pain and suffering from the injuries.

    The legal team at Inland Empire Law Group is committed to helping California residents who have been injured in auto, motorcycle and truck accidents receive the compensation they need to move forward with their lives. Please call to schedule a free, no-obligation case review at either our Victorville or Rancho Cucamonga locations.  You can reach us at 909-481-0100 for the main Rancho Cucamonga office, 760-243-9100 for Victorville cases or (888) MY IE LAW for cases anywhere in Southern California.

     

  • MIST cases are special types of personal injury claims involving soft tissue injuries. Learn how this affects your right to compensation.

    Personal injury cases involving primarily minor property damage and soft tissue injuries are sometimes called MIST cases by those in the insurance industry. The term MIST is short for “Minor Impact Soft Tissue.”  If your case is considered a MIST case, there are a few different ways in which this will affect your right to compensation.

    Understanding MIST Cases

    Typically, a MIST case is a car accident occurring at relatively low speeds and resulting in less than $1,500 in property damage to the vehicles involved. Injuries are most often contusions, sprains, strains, and/or whiplash.

    • Contusions – When capillaries under the skin are ruptured, an accident victim ends up with discolored and painful bruises. Most contusions heal over time with no lasting damage. Some MIST cases can result still result in painful and long term damage to the muscle fibers and connective tissue under the skin.
    • Sprains – After a car accident, ligaments in the joints can stretch or tear. These sprains most often occur in the arm, wrist, knee, or ankle, resulting in pain and swelling. A brace or splint is typically used to immobilize the injured area while it heals, although victims are also advised to rest the area as much as possible by avoiding overly vigorous physical activities. Physical therapy, medication or corrective surgery may be needed to resolve these injuries. 
    • Strains – Injuries involving stretched or torn muscles or tendons are referred to as strains. These injuries are treated in a manner similar to a sprain, with braces and rest being the most common approach. However, the neck, mid-back and back are the most common location for a strain in a MIST case.  Chiropractic care, physical therapy, medication, imaging studies, and home health care are often used to address these injuries.  In some limited circumstances, surgery or special pain management care may be required.
    • Whiplash – When your neck jerks back and forth due to the impact of the car accident, whiplash can result. Also known as a cervical strain or sprain, whiplash gets its name because the motion causing the injury is similar to how you would crack a whip. Victims with whiplash may suffer from sleep disturbances, headaches, memory problems, chronic neck or back pain, and dizziness.

    Compensation for Car Accident MIST Cases

    The insurance company often discounts soft tissue injuries as not as serious as injuries such as broken bones.  However, in many instances the soft tissue injuries are much more difficult to treat and cure than a broken bone that is set and heals over six to eight weeks.  Soft tissue injuries can last a life time and only get worse with age.  Just because you were involved a collision which did not result in significant property damage, it does not mean you are not entitled to compensation.  If you were legitimately hurt, then you have a right to make a claim for damages.  Whether the insurance company will agree with you or not is the fight your lawyer will have to engage in to help secure compensation for you.  A MIST case can involve the following types of damages:

    • Medical expenses, such as an emergency room visit and any necessary follow up appointments.
    • Loss of wages, if you were unable to work while recovering from your injuries.
    • Pain and suffering, to reimburse you for the physical pain as well as the emotional trauma of your injuries.
    • Permanent injuries or disabilities, and their impact on your life.

    Medical expenses and lost wages are called economic damages, since an exact dollar value can be calculated based on your hospital bills and pay stubs. Pain and suffering is a category of non-economic damages, since it has no readily available dollar value. Insurance companies will often try to deny damages in MIST cases because they claim that harm could not have occurred to the occupants of the vehicle when there is little property damage.  However, there are many studies that have debunked this argument, but the insurance companies continue to deny the existence of injuries from these collisions. 

    The Challenge of Proving Your Case

    The primary challenge associated with a MIST case is that victims are often accused of faking or exaggerating their injuries. Here are some tips to help your attorney build the strongest possible case:

    • Follow your doctor's treatment recommendations exactly and keep all of your appointments.
    • Do not return to work until you've been cleared by your doctor. 
    • Get a doctor’s note excusing your absence from work.
    • Keep a journal detailing your ongoing symptoms and efforts to get better.
    • Take photos of your injuries as they heal.
    • Do not talk to anyone other than your attorney about your case.

    Letting Inland Empire Law Group Protect Your Rights

    Insurance companies are often eager to save money on MIST cases by offering lowball settlements, claiming a victim is partially responsible for his injuries, or accusing the victim of exaggerating the seriousness of his condition. Having someone to advocate for your interests throughout the settlement process ensures that you'll be treated fairly and have your case resolved as soon as possible.  If a pre-trial resolution is not possible there are some lower cost alternatives we can utilize to help take case to trial.


    The Inland Empire Law Group is dedicated to helping California residents who've been injured in accidents caused by negligent drivers receive the compensation they need to move forward with their lives. We cannot take all MIST cases, nor can we take all large cases.  We will evaluate your case to see how we can best serve you, an injured victim from a negligent driver.  Please call today to schedule a free, no-obligation case review at our Victorville or Rancho Cucamonga locations.

     

  • How will my pregnancy affect my personal injury claim?

    Every expectant mother dreams of giving birth to a healthy child, which is why car accidents occurring during pregnancy are so devastating. If you've been involved in a car accident caused by a negligent driver, it's vital you understand how to protect your right to compensation for both you and your unborn baby.

    How Common Are Car Accidents During Pregnancy?

    Unfortunately, accidents do not exempt pregnant women.  When on the road, an expectant mother involves assuming an element of risk—no matter how cautious you try to be. You can stay away from secondhand smoke, abstain from alcohol, and limit exposure to environmental toxins, but it's nearly impossible to avoid traveling in an automobile for nine months.

    Approximately 170,000 car crashes in the United States each year involve pregnant women. It's been estimated that between one and three percent of all infants born in the United States were subject to an in-utero motor vehicle crash, with auto accidents being the top cause of traumatic fetal death.

    Personal injury car accident as a pregnant womanWhat Pregnancy Complications Are Associated With Auto Accidents?

    Your womb offers some protection for your baby during impact, but a car crash can still cause several serious complications. Your seatbelt, while necessary when driving, can cause extra pressure or trauma across the womb if the seatbelt is not place low across the lap instead of across the womb. The following are a few examples of types of complications which can arise from an accident:

    • Miscarriage which is defines as the loss of a fetus prior to the 20th week of pregnancy. After 20 weeks, the absence of a fetal heartbeat is classified as a stillbirth.
    • Premature birth results when a serious car accident results in an early birth during the third trimester. A premature birth is classified as any birth prior to 37 weeks of pregnancy. The earlier a baby is born, the higher the probability that he or she will suffer some form of physical and/or intellectual disabilities.
    • Placental abruption occurs when the placenta separates from the uterus and is most common in auto accidents involving abdominal trauma. This can lead to preterm birth as well as significant blood loss for the mother.

    Seeking medical care following a car accident is always recommended, but it's crucial when you're an expectant mother. You need to be thoroughly evaluated to determine if the crash caused complications for you or your baby. Once you've been released from the hospital, you'll be asked to watch for signs of fetal distress. Some of these signs include:

    • Vaginal bleeding
    • Leaking fluid
    • Increased vaginal discharge
    • Contractions
    • Unexplained abdominal pain
    • Fainting or dizzy spells
    • Change in the strength or frequency of fetal movements
    • Vomiting unrelated to morning sickness
    • Chills or a fever
    • Reduced or no fetal movement

    Depending upon your health and how your pregnancy had previously been progressing, your healthcare provider may decide to classify your pregnancy as high risk due to the auto accident. This simply means you'll require extra monitoring and observation until you deliver. In some cases, bed rest may also be recommended as a precautionary measure.

    What About Emotional Trauma?

    The physical and hormonal changes associated with pregnancy can make an expectant mother prone to anxiety and depression, which intensifies the emotional trauma associated with being involved in an auto accident. There may be many sleepless nights spent wondering if the force of the crash has caused harm to your unborn baby.

    If you've been involved in a car accident while pregnant, you may want to speak with a psychiatrist or therapist to discuss how the accident has affected your outlook on parenting. Keeping a journal of your feelings can also be useful as both a therapeutic tool and as a way to preserve your memory and evidence to support your personal injury claim.

    How Can I Protect My Right to Compensation?

    medical expenses, lost wages, and pain and suffering, which includes emotional distress.  With a pregnancy, if the accident is proven to have caused damage to the fetus which resulted in the need for additional medical care in-utero or after birth, those damages may also be recovered from at fault driver if there is available assets or insurance.  There is no available recovery for the death of a fetus in an auto accident, but the mother, an possibly the father of that fetus may have a claim for their personal emotional distress due to the loss of their unborn child.

    California has a two-year statute of limitations for personal injury claims, so it's vital that you act before this deadline to preserve your right to compensation. The skilled attorneys at Inland Empire Law Group are committed to helping California mothers and their children receive the resources they need to move forward with their lives. Please call today to schedule a free, no-obligation case review at either our Victorville or Rancho Cucamonga office locations.  (909) 481-0100 or (888) 694-3529 for all of Southern California or (760) 243-9100 specifically for the High Desert region of California.

  • How will the at-fault driver’s DUI conviction affect my personal injury claim?

    Accidents caused by drunk drivers often result in serious injuries for passengers, other motorists, and nearby pedestrians. A personal injury claim resulting from a drunk driving accident is processed separately from the criminal charges an intoxicated driver faces. However, the driving under the influence (DUI) charge can affect your case in several different ways.

    Understanding How the Driver's DUI Conviction Affects Your Personal Injury Claim

    California defines DUI charges based on the driver's age and type of vehicle that is being driven. For example:

    • Drivers age 21 or over must have a blood alcohol content (BAC) of 0.08 percent or higher to be guilty of driving while intoxicated.  [Vehicle Code sec. 23152(b)]
    • For drivers under age 21, a BAC of 0.01 percent is enough to warrant a license suspension for one year.  (Vehicle Code sec. 23136)  Criminal conviction for DUI of a person under the age of 21 can occur with a BAC of as little as 0.05.  (Vehicle Code sec. 23140.)
    • For commercial drivers, the BAC for a DUI charge is 0.04 percent.  [Vehicle Code sec. 23152(d).]
    • Commencing July 1, 2018, drivers engaging in “passenger for hire” services such as Uber©, Lyft© or cab service, are guilty of DUI with a BAC of 0.04 percent or more.  [Vehicle Code sec. 23152(e).]

    Establishing fault for the accident is the first step in establishing financial liability for your injuries. If the driver was arrested and convicted of driving while under the influence, you have a higher probability of establishing fault for the collision, so long as the drunk driver was the one who caused the collision. This puts you in a strong negotiating position. Auto insurance companies are often willing to take their chances with a trial, but they are well aware that a convicted drunk driver will garner little sympathy in court and that it can turn ugly. This means in most instances the insurance company will be more likely work with your attorney to come to a settlement agreement and avoid putting on trial an unsympathetic defendant.

    A quick settlement offer may seem like a blessing, but you should keep in mind that accepting a settlement will prevent you from seeking further compensation down the road. You shouldn't settle your case until you're confident you know the nature and extent of your injuries and the offer represents fair reimbursement for your expenses and losses and a proper acknowledgment of your pain and suffering from your injuries.

    An at-fault driver is liable for:

    • Accident-related medical expenses, including emergency room care, follow-up appointments, physical therapy or other rehabilitative services, prescription medication, and any anticipated future medical expenses related to the incident.
    • Lost wages during your recovery period, as well as any applicable reduction in your future earning capacity due to your injuries.
    • Pain and suffering, including both physical pain and emotional trauma related to the accident.
    • Punitive Damages, are also potentially available in egregious cases.

    Potential Complications Relating to Intoxicated Drivers

    Although a DUI conviction can often make a personal injury claim easier to negotiate, other factors can complicate the case. For example:

    • Accidents involving multiple vehicles. If you were injured in a multi-vehicle accident caused by a drunk driver, you may run into problems if several people sustained severe injuries. Every auto insurance policy has specific limits as to how much it is obligated to pay per person or per accident. If the claims exceed the policy limits, you'll need find out if there are other available sources of recovery, such as other insurance, other responsible parties or personal assets.  If none of these are available, then the available policy may need to be appropriately allocated based upon the extent of the injuries.
    • Passenger injuries. If you were injured as a passenger in a car being driven by a drunk driver, seeking compensation is possible, but it can be complicated. The insurance company may try to deny coverage based upon your relationship to the driver because you are excluded as a possible insured.  The insurance company may also try to argue that you knew or should have known the driver was intoxicated and that it was unsafe to get in the car with the drunk driver. In this line of defense, it will be claimed that you assumed the risk when you voluntarily got into the car with an intoxicated driver and are thus partially responsible for your own injuries.
    • Uninsured and unlicensed drivers. Unfortunately, many people who are convicted of DUI are not first time offenders. Since repeat DUI offenders are subject to lengthy license suspensions and very high insurance rates, the driver responsible for your injuries may not have a valid license or insurance policy. In this case, you'll likely need to make a claim under your own uninsured/underinsured motorist coverage. However, if the driver was using someone else's vehicle, you may be able to seek compensation under the owner's policy, especially if the owner of the car knew the person was drunk when he took the car. Negligent entrustment of a vehicle to an unfit driver makes the owner liable for the resulting damages.
    •  
    • Passenger injuries. If you were injured as a passenger in a car being driven by a drunk driver, seeking compensation is possible, but it can be complicated. The insurance company may try to deny coverage based upon your relationship to the driver because you are excluded as a possible insured.  The insurance company may also try to argue that you knew or should have known the driver was intoxicated and that it was unsafe to get in the car with the drunk driver. In this line of defense, it will be claimed that you assumed the risk when you voluntarily got into the car with an intoxicated driver and are thus partially responsible for your own injuries.
    • Uninsured and unlicensed drivers. Unfortunately, many people who are convicted of DUI are not first time offenders. Since repeat DUI offenders are subject to lengthy license suspensions and very high insurance rates, the driver responsible for your injuries may not have a valid license or insurance policy. In this case, you'll likely need to make a claim under your own uninsured/underinsured motorist coverage. However, if the driver was using someone else's vehicle, you may be able to seek compensation under the owner's policy, especially if the owner of the car knew the person was drunk when he took the car. Negligent entrustment of a vehicle to an unfit driver makes the owner liable for the resulting damages.
    • One last note, if you were uninsured at the time of your accident you usually cannot recover pain and suffering damages.  However, one exception from that rule is when a drunk driver is criminally convicted of DUI, then an uninsured motorist may recover pain and suffering damages from the collision and from the drunk driver’s insurance company or defendant him or herself. 

    • Passenger injuries. If you were injured as a passenger in a car being driven by a drunk driver, seeking compensation is possible, but it can be complicated. The insurance company may try to deny coverage based upon your relationship to the driver because you are excluded as a possible insured.  The insurance company may also try to argue that you knew or should have known the driver was intoxicated and that it was unsafe to get in the car with the drunk driver. In this line of defense, it will be claimed that you assumed the risk when you voluntarily got into the car with an intoxicated driver and are thus partially responsible for your own injuries.
    • Uninsured and unlicensed drivers. Unfortunately, many people who are convicted of DUI are not first time offenders. Since repeat DUI offenders are subject to lengthy license suspensions and very high insurance rates, the driver responsible for your injuries may not have a valid license or insurance policy. In this case, you'll likely need to make a claim under your own uninsured/underinsured motorist coverage. However, if the driver was using someone else's vehicle, you may be able to seek compensation under the owner's policy, especially if the owner of the car knew the person was drunk when he took the car. Negligent entrustment of a vehicle to an unfit driver makes the owner liable for the resulting damages.

    One last note, if you were uninsured at the time of your accident you usually cannot recover pain and suffering damages.  However, one exception from that rule is when a drunk driver is criminally convicted of DUI, then an uninsured motorist may recover pain and suffering damages from the collision and from the drunk driver’s insurance company or defendant him or herself. 

     

    Protecting Your Legal RightsPersonal injury claim with DUI conviction

    Drunk drivers can present some unique challenges in proof and in evidence preservation.  It's vital that you seek representation from an experienced personal injury attorney. Inland Empire Law Group's dedicated legal team advocates for the needs of California residents who've been injured due to the negligence of others. Please call today to schedule a free, no-obligation case review at our Victorville or Rancho Cucamonga office locations. 

    DON’T BE VICTIMIZED TWICE BY THE DRUNK DRIVER AND AN INSURANCE COMPANY!

     

     

  • Should I provide a recorded statement without first consulting an attorney?

    Hand Holding a Voice RecorderAfter an auto accident, it's natural to want to do everything in your power to get your claim resolved as soon as possible. However, providing a recorded statement in the hopes of speeding up the process can prove to be a very costly mistake later on in your case.

    Recorded Statements Can Only Harm Your Case

    A recorded statement isn't given under oath, but the contents of the statement can be used as evidence in a personal injury case. Here are some of the many reasons why giving a recorded statement is ill-advised until after you have hired an attorney.

    • The interviewer may ask misleading questions to get you to provide incriminating information.
    • The interviewer might encourage you to speculate as to the cause of the accident, possibly creating a scenario where they can argue you are at fault for your own injuries.
    • The interviewer might begin a line of questioning that casts doubt on the severity of your injuries or implies that your injuries were caused by something other than the auto accident.
    • You might get nervous and say something you didn't mean or get angry and provoke a confrontation.
    • Your answers might be subject to misinterpretation by the interviewer, especially if English is not your first language or you tend to struggle expressing yourself verbally.
    • Without an attorney present, you won't know if answering a question is in your best interests.

    When settling a claim, the insurance company's goal is to pay as little as possible, not what is fair and appropriate. Never forget that the company's real interest is making a profit, not ensuring that you have the money you need to pay all of your accident-related expenses.

    Laws Regarding Recorded Statements in Personal Injury Cases

    You have a duty to cooperate with the investigation by your own insurance company. Your insurance company will conduct an investigation into the accident if they may have to pay something for the accident. You should provide the basic information and does not require providing a recorded statement. In most cases, your obligation to your insurer is explicitly outlined in the terms of your policy. If you fail to cooperate, the processing of your claim could be denied. This would be especially problematic if it's later found that the at-fault driver has no insurance or insufficient insurance and your expenses must be paid under your own uninsured or underinsured motorist coverage.

    There is no law that requires you to provide a recorded statement to the other driver's insurance company. The insurance company is allowed to ask for your statement, but you have no obligation to accommodate the request. In fact, it's generally better to obtain a personal injury attorney and direct all communication from the other driver's insurance company to your attorney.

    Using Written Statements to Provide Your Side of the Story

    If you're being asked to provide a statement or wish to tell your side of the story, a written statement is a better alternative to a recorded statement. A written statement lets you provide key details about the accident without the risk of being thrown off track by an interviewer who asks inappropriate questions.

    In your written statement, you should provide:

    • Your identifying information
    • Names and contact information for witnesses
    • The date and time of the accident
    • The name of the road you were driving on
    • What direction you were traveling
    • What, if any, actions the other driver took before the collision
    • What, if any, action you took before the collision
    • Any immediate injury symptoms you noticed

    A written statement that clearly and objectively presents the facts surrounding the accident without offering irrelevant information or speculating as to fault will be an asset in resolving your personal injury claim. Your attorney can review the statement to make sure you're not providing unnecessary or potentially damaging information that could harm your case.

    Inland Empire Law Group Can Help

    Don’t fall for the insurance company tricks in demanding record statement. Consider an attorney before allowing your statement to be taken. The legal team at Inland Empire Law Group can help with personal injury cases. Our attorneys have extensive experience assisting California residents in obtaining the compensation they need to move forward with their lives. Please call (888) MY IE LAW to schedule a free, no-obligation consultation. Our offices are conveniently located in Rancho Cucamonga and Victorville.

     

  • Why Do People in the Same Accident Often Suffer Different Injuries?

    Have you ever wondered why people occupying the same car in an accident can have different injuries, or no injuries at all while, someone else in the car suffers life altering injuries?

    An example of this is an accident which happened in Pomona, California on Saturday night, January 23, 2016.  This accident happened at the intersection of Mission Boulevard and East End Avenue.  From this car crash, there were ten people injured, one of which sustained serious injuries and was airlifted to an emergency room, while the others in the cars had only minor injuries.  At the time of this post, there was no available information about how the accident happened, so I use that accident to merely show the basis for the idea that people can respond differently when in the same accident.

    Here are some of the reasons why people can have different injuries in the same accident:

        1)    The Location of the Impact.  A person sitting nearest to the impact point may suffer greater injuries due to the magnitude of the force on that person.  In some instances, the impact crushes into the occupant at the impact point, resulting in far more serious injuries than those suffered by others in the car.  

        2)    The Position of the Body.  A person’s body position at the moment of impact is critical to the degree of injury.  Most car seats are designed to reduce injury in certain collisions when a person is sitting perfectly straight and proper in their seat.  Unfortunately, passengers and even drivers are not always sitting perfectly straight.  As a result turned hips, shoulders, neck or head, can significantly alter the bodily injury of one passenger over another.

        3)    Seatbelt Use.  Using a seatbelt generally reduces injuries, especially in serious collisions.  Those who are restrained in a serious collision, while they may suffer injuries, routinely will avoid ejection from the vehicle and death as a result of their body being catapulted within, or without, the car.

        4)    Physical Condition of the Occupants.  An older person or a person with a pre-existing injury is more likely to suffer injuries in a smaller accident than a healthy individual.  Also, the recovery time for an older or previously injured person tends to be longer than one who was healthy before the accident.  

        5)    Impact With Objects.  Sometimes, one person will hit their head against the interior of the car, or a side window, and that impact is experienced by only one person in the accident.  So that person’s experience is different from the other occupants, and the injuries differ.

    These are just five of many reasons for people to suffer differently when involved in the same accident as others.  If you have any experiences with multiple people having different injuries in the same accident, share your experience with others so they do not feel like they are going through this experience alone.

    If you need assistance with an injury claim due to the negligence of another, call the experienced law firm of the Inland Empire Law Group to get the legal help you need to obtain the financial recovery you need from your accident. Call 909-481-0100 for a fair and honest review of your injury claim.  

  • What Financial Recovery Rights Does an Injured Hit and Run Victim Have?

    The answer to this question really depends on whether the driver who caused the accident can be found following the accident. If the driver can be found, then an injury victim can attempt to make a claim against the hit and run driver’s liability insurance company, or make a claim directly against the hit and run driver if there is no insurance available. However, if the hit and run driver or vehicle cannot be found following the accident, (or the driver/vehicle was uninsured) then the injury victim needs to seek compensation for his or her uninsured motorist coverage, assuming uninsured motorist coverage was purchased by the injury victim before the accident occurred.

    For more detailed information on this topic, Uninsured Motorist Coverage Protects Injury Victims in Hit and Run Accidents.

  • What Happens if the Defendant (The Person Who Caused Your Accident) Dies Before Your Lawsuit or Settlement is Over?

    Accident Attorney Because lawsuits can often take years to reach trial, or before they get resolved, sometimes parties to a lawsuit can pass away. In other situations, in an accident, a responsible party might die from injuries suffered in an accident. An example of this occurred in Victorville on September 1, 2014, when the driver of a Honda Civic recklessly drove his car at a high rate of speed, near 90 mph, into the rear of another car. The driver of the Honda died from his injuries in the collision and sent two victims to the hospital with injuries of their own. These two victims have a claim against the 32-year-old deceased driver for his negligent and reckless conduct. But the driver is dead, so what happens?

    With the death of the person who caused this accident where do these victims turn to recover damages for their losses and injuries?

    A Claim Can Proceed Against the Deceased Party's Insurance Policy

    The answer to this question may be multifaceted. If the deceased driver has an insurance policy to cover him for his negligent or reckless activities, such as causing an accident, then a claim would start with the available insurance policy. Depending on the nature and scope of the injuries, as well as the amount of insurance available for the claim, a demand to the insurance company may fully resolve the dispute and provide proper compensation to the injury victims. If the available liability policy does not have enough money to pay for all the injuries, then the injury victims might be able to turn to their own uninsured motorist insurance coverage for additional compensation. All this depends on the availability and amount of the insurance purchased prior to the accident by both the deceased and the injury victims.

    It's Also Possible to Seek Compensation from the Estate of the Deceased

    If there is not enough insurance provided by the at-fault driver, and there is not enough uninsured motorist coverage, or none at all, to pay for the injuries, then the injury victims could try and recover damages from the estate of the deceased. When someone dies, they leave their worldly possessions behind. For some, that "estate" may be substantial, for others it may be nothing at all. If the deceased driver has a substantial estate, then a claim can be made against the estate itself to seek compensation, or additional compensation, to pay for the injuries inflicted on the innocent accident victims. There are procedural steps which have to be followed to make a claim against an estate or the claim can be lost. The ironic thing is that in most instances, when a person has a large estate, they tend to have larger insurance policies and there is a lesser need to pursue the estate directly. For those with small or no estates, they routinely have little or no insurance coverage because of the cost of that coverage, thereby requiring you to either suffer from the injuries without compensation or rely upon your own uninsured motorist coverage.

    Unfortunately, when there is no insurance and no available estate, there is little hope for recovery, absent unusual circumstances or other possible sources of recovery beyond the dead driver. All options must be explored to help the injury victims secure the best and proper compensation.

    Let Our Car Accident Lawyers Help You Through This Unique Legal Situation

    Ultimately, the best protection you have from the damages caused by a negligent driver, who dies in the accident or sometime thereafter, is to make sure you have an ample uninsured motorist insurance policy of your own. By so doing, your future does not depend on the at-fault’s preparedness, or lack thereof, in purchasing a sizeable insurance policy. If you're involved in a similar situation, or have more questions about the claims process involving a deceased party, we urge you to call us today at 909-481-0100 to schedule a free, no-obligation consultation with one of our car accident attorneys. We have offices in Rancho Cucamonga and Victorville, conveniently positioned to serve all of the Inland Empire and High Desert regions.

     

     

  • Why is it Difficult to Settle a Personal Injury Case Without a Lawyer?

    Personal Injury lawyerThere are some situations when you can settle your injury case without a lawyer.  However, it is my personal belief that insurance companies use tactics to low ball a claim to frustrate a claimant and encourage him or her to give up and accept the paltry offer.  I believe that insurance companies have conducted many studies to come up with a strategy to reduce their settlement payouts and increase the profitability of the company.  If kindness and general fairness would make more money for the insurance company, then they would utilize that method of claims resolution.  Since that is not the way most claims are settled, I believe that insurance companies have designed their negotiation strategies to financially favor them over all other means or methods.

    Know this, certain adjusters are assigned to deal with unrepresented individuals, while others are trained to deal with attorneys.  Those assigned to deal directly with an injury victim are taught of ways to get people to release their claims prematurely or to prey upon the financial needs after an accident.  They are trained to frustrate and discourage people from asserting a legitimate right.  Those tactics are ineffective with a good personal injury lawyer.  In fact, those tactics are rarely used with attorneys the insurance companies know are capable, competent and willing to fight for the rights of their clients. 

    For information on When to Hire an Attorney.

  • When Should You Hire a Car Accident Lawyer for an Injury Claim?

    Personal Injury Lawyer for car accident If a Victorville traffic accident caused your serious injuries or the death of a loved one, you should seek help from an experienced injury lawyer right away.  Having an attorney early following an accident helps you avoid mistakes which are made by inexperienced accident victims dealing with highly trained insurance adjusters.  If the injury is clearly not serious, and your pain goes away within a few days or even a month, you probably don’t need a lawyer to help you with your claim.  These injuries are generally resolved effectively by simple negotiations between the injury victim and the insurance adjuster.  They are generally resolved for small amounts of money.  But remember, if you are still hurt, don’t settle your case until you are better.  If you don’t improve quickly with reasonable medical care, contact a lawyer for help.  For more detailed information.

  • Can’t I just wait to hire a lawyer and see if the insurance company will settle my case?

    Calendar of time passingThe answer to that question is “yes”. However, by doing so, the delay may have very significant negative consequences on your case. Most of the time, delay in hiring an attorney for a moderate to severe personal injury case does not result in any positive financial benefit to the injury victim. Here is why.

    1. Documentation of the Injuries Will Vanish

    All the needed documentation of the injuries becomes harder to get with the passage of time. Often, injuries heal with time. By looking at a person nearly two years after an accident can be very deceiving to what the person went through during the recovery process after the accident. If the injuries are not photo-documented, including still and video pictures, those injuries will be forgotten. It is so much more difficult to go back and recreate the nature and extent of the injury. If the jury sees a healed individual at trial, it is more difficult to get them to award substantial damages.

    2. Witnesses and Potential Testimony Are Lost

    This is a critical point. Memories fade and people move away or die. Without actively establishing liability for the accident through independent witnesses, if they are available, proving fault can be a fifty-fifty proposition. Your word against the other driver’s word. If the jury finds both stories equally believable, you lose.

    3. Normally, an Insurance Company Has no Duty to Settle Until You Pursue Your Own Recovery

    So by waiting to hire an attorney, you just prolong the possibility of getting your case settled early. As the saying goes, “Time is money.” Certainly, the more you delay, the longer the insurance company gets to hold onto your money earning interest for itself and not for you.

    4. Delay Conveys a Lack of Interest in Your Claim and a Perceived Lack of Severity of Your Injuries

    Human nature is not to delay things that are important to us. The reverse is, therefore, true, that which is not important we tend to delay or not give it our attention. Conveying that message at the beginning of your claim is not healthy to your success.

    5. If You Wait Too Long, a Lawyer May Not Want to Get Involved

    An attorney may not want to get involved with your case because they have not had a chance to help form the case from the beginning.

    6. The Insurance Company Knows What It’s Doing. You Don’t

    This is not meant to offend, only to point out the obvious. An insurance adjuster has been trained specifically in the art of negotiation to minimize their employer’s exposure to your claim. You have no such training.

    7. The Right Personal Injury Attorney Will Actually Add Value to Your Case

    And they’ll do so while not costing you anything out of pocket. Nearly all good personal injury lawyers do not request the payment of fees and costs up front. They perform the work on a contingency fee and generally advance the costs to prosecute the claim. If you are asked to pay for a personal injury attorney, go find another lawyer who will not make you pay up front.

    8. You May Wait Too Long and Allow the Statute of Limitations to Expire

    If this happens, you can kiss your case goodbye.

    There are many more reasons why you should seek immediate legal assistance following an accident, these are just a few ideas for you to consider. If you have had a California or Inland Empire injury accident, contact the Inland Empire Law Group to learn about your legal rights. We can help you secure the right compensation in a timely and effective manner. Don’t delay, call now at 909-481-0100.

  • I have been in an accident and my car is a total loss. How is the value of the car determined?

    In some automobile accidents, a car may be declared a "total loss". Generally, a total loss means the cost to repair the vehicle exceeds 80% of the value of the vehicle. Most people think that the "value" of the car is the cost to replace it. That is not the case. In fact, in most instances, the total loss payment from the insurance company will not be enough to purchase an equivalent car.

    Your Insurance Company Will Not Pay More Than Your Policy Limit

    If your car is a total loss from an accident, the insurance company will pay you the actual cash value of your car, but no more than the policy limit. The insurance company calculates the payout on the wholesale price a dealer would pay for your car. This is their general definition of "fair market value". If you go through your own insurance company, it pays this amount, less your deductible. Since few of us are privy to wholesale prices, this usually amounts to a payment far below the cost to replace the car or pay off the loan. One way to protect yourself is to purchase "gap" insurance that will pay off the loan on your vehicle if the amount paid by the insurance company will not cover the amount owed on the loan. Gap insurance has certain restrictions so carefully read the policy before you purchase it.

    Now, California law is a bit different than the way insurance companies want to adjust the claim. The law states: "To recover damages for the loss, you must prove the fair market value of the car just before the harm occurred.

    ‘Fair market value’ is the highest price that a willing buyer would have paid to a willing seller, assuming:

    1. That there is no pressure on either one to buy or sell.

    2. That the buyer and seller are fully informed of the condition and quality of the car.

    Don't Accept the Initial Offer from the Insurance Company

    When settling a claim for the total loss of your car, remember, the insurance company wants to pay the least amount possible. You want the true "fair market value" for your car. Do your research and get prices on replacement cars. Do not accept the initial offer. Ask to see the background work that was used to make the offer. Only settle when you are satisfied.

    Contact Our Attorneys for Help With Your Claim

    The Inland Empire Law Group has offices if Ranco Cucamonga and Victorville, and proudly represents accident victims throughout the High Desert region and all of Southern California. If you feel like you're not receiving fair treatment from the insurance company after your accident, we can help. If you were injured, complete the form on this page for help with your injury claim and also get advice to help with the property damage claim.

  • I have a personal injury case. Should I get a loan against my case while I wait for settlement?

    Cash loan for personal injury NO. This is a very bad idea. In recent years, because of the economy, I have seen more people wanting to either get early financing on a personal injury case or to sell their personal injury annuity income for a lump sum payment. These are terrible ideas. These "finance" companies are nothing more than legalized "loan sharks" disguising themselves as your financial savior. The agreements these companies use are extremely expensive and often lead to dissatisfaction and frustration at the end of a case. I am going to lay out a real live case where a pre-settlement loan was taken by an injured motorist to show you what I mean.

    Pre-Settlement Loan

    Client "Jim" wanted to get some of his settlement money early. He had suffered mild to moderate injuries in his accident. He called several companies and finally found one he wanted to use. This particular company "Shark One" - the names have been changed to protect the innocent and guilty, provided a loan of $1,550.00 as against the future settlement of the case. The moment the paperwork was signed and that check delivered, he had an obligation for repayment of $2,325.00, and that amount increased every few months. By the time the case settled, the $1,550.00 loan cost Jim, $2,642.50, an expense of $1,092.50 in six months. This is about the most expensive money you could possibly borrow. This example shows an annual percentage rate of more than 140%. Is there any wonder why these companies are so interested in lending injury victims money? People are desperate and they will do anything, including making unwise financial decisions.

    While there may be a unique circumstance leading to the need to borrow from one of these companies, if there are other alternatives, please explore those first. Look to a family member or friend for a loan. Give them a secured interest in your recovery for half the rate you would otherwise pay. They will be happy, and you will have more money in the end. Alternatively, just try to wait it out and keep all the money to yourself. At the end of your case, I don’t want all the "loan sharks" to get paid and leave you with nothing but bare bone financial results.

    If you have questions about the settlement of your case please contact Inland Empire Law Group today at (888) 694-3529 or send us a message

  • Why Is Keeping a Journal So Important After Being Injured In An Accident?

    Notepad and PenLet's start with a test? Ask yourself these questions.

    What did you do one week before you read this article?

    When was the last time you took medication for any pain you suffered?

    What was said during your last conversation with your child or best friend?

    What questions did your doctor ask you at your last visit?

    Were you able to answer all these questions with the clarity of having just experienced each of those events? Of course you couldn't. Now granted, these events are not significant and may not have affected you as would a serious or traumatic event like a major injury. However, the reality is that after two years between an accident and a deposition or trial, the same failure of memory will visit you during your attempts to recall the event. When memories fail, the defense attorneys take advantage and imply you are being dishonest because you cannot remember specific facts associated with serious events.

    Keeping Detailed Records of Treatments and Medications Removes Doubt from Your Claim

    For example, I just finished the deposition of one of my clients regarding a rear-end impact car accident. During that deposition many of the responses to the questions posed were "I don't remember" or "I can't recall that" or a similar response. Those responses could have been much more certain after reviewing a contemporaneously maintained personal injury journal. Being able to respond to questions with certainty and firmness often persuade an insurance company or a jury to provide you greater compensation than the person who cannot remember how long they treated with the doctor or the road they were traveling on prior to the accident or some similar fact. Journals allow you to review and remember past events.

    So why keep a personal injury journal? To make sure you don't forget critical facts which could make up the difference between a large settlement and a small lack luster return. If you haven't kept a journal, start now and don't give up until after your case is done.

  • What happens to your injury claim if you are in an accident and the person who caused the accident dies?

    Car AccidentHere is an example, on May 22, 2012, a tragic accident occurred in Yucaipa, California when a Redland woman was driving a 1997 Honda Civic, sadly crossed the center divider on Bryant Street, and ran into another car driving southbound.  The southbound driver was unable to avoid the accident resulting in a head-on collision.  (Information derived from San Bernardino Sun).

     This loss of life is horrific and unfortunate and we are saddened by this tragedy.  For the innocent driver who was struck by the negligent driver in coming across the center divider may have also suffered injuries which may be minor or the could be major and life-altering.  Even though the negligent driver died, a claim can still be made for recovery of personal injuries and damages.  The injured person has legal rights against the insurance company that insured the deceased individual and/or the car being driven by that person.  In certain circumstances, if the insurance is insufficient, and there is a financial estate left behind, those assets could also be available to help pay for the damages and losses.

    Protect Yourself After A California Car Accident

     Unfortunately, accidents occur.  Sometimes in those accidents, people are seriously injured or may even lose their life.  It is important to protect yourself and your loved ones with proper insurance prior to an accident, and if an accident does occur, then hire an excellent personal injury attorney who can help navigate the difficult process of making a personal injury claim and secure a proper recovery. 

    Keep in mind that hiring a great car accident injury attorney in Yucaipa, Redlands or any other location in Southern California requires research and time.  Lawyers will provide injury victims with free consultations so you can evaluate them and decide which attorney will meet your needs.

    The Inland Empire Law Group, a Rancho Cucamonga law firm, helps injury victims from car accidents in cities from the High Desert of Victorville and Apple Valley to Indio and Palm Springs and west to Glendora and San Dimas down to Murrietta and Temecula.  If you need help with a personal injury claim in the Inland Empire, please give us a call.  (909) 481-0100.

  • How is my property damage resolved when my car is damaged in a California car accident?

    Car accident damages Most car accidents result in some property damage to the vehicles involved in the accident. Not all accidents result in injuries to the occupants of the cars, but other accidents result in both serious damage to the vehicles and serious injuries to the driver and passengers of the cars. So how do you resolve property damage that is partial or the total destruction (total loss) of the car?

    There Are Three Possible Ways to Resolve Property Loss Under California Law

    1. The damage to the car can be repaired and returned to its original condition (or at least as near as possible). The insurance company or the negligent party (if not insured) is to pay for the cost of the repairs.
    2. If the damage to the car is so substantial that the cost to repair the vehicle exceeds the value of the vehicle then you are to be paid the “fair market value” for the damaged vehicle. In many instances, even if the cost of repair is close to the value of the vehicle, the insurance company may still “total” the vehicle just to avoid the possibility of additional unknown costs coming into play as the repairs are made.
    3. The third way is that you just get paid the cost of the repairs and you can decide to have the car repaired or just pocket the money.

    Even though it does not seem fair, it is the responsibility of the person with the damaged car to prove the reduction in the automobile’s value (2 above) or the reasonable cost of repairing it (1 above), whichever is less. Ultimately, you are entitled to the lesser of the two amounts. To determine the reduction in value of the car, you must determine the fair market value of the car before the harm occurred and then subtract the fair market value of the auto immediately after the damaged occurred. For example, if the value of the car was $15,000.00 prior to the accident, but the salvage value of the vehicle after the accident is only $1,000.00, then the reduction in value is $14,000.00. If you give the damaged car to the insurance company, then you will receive $15,000.00.

    “Fair market value” is defined as the highest price that a willing buyer would have paid to a willing seller, assuming:
    1. That there is no pressure on either one to buy or sell; and
    2. That the buyer and seller are fully informed of the condition and quality of the automobile.

    Finally, “It is well established that under [Civil Code] section 3333, the measure of damages for the loss or destruction of personal property is generally determined by the value of the property at the time of such loss or destruction.” Pelletier v. Eisenberg (1986) 177 Cal.App.3d 558, 567.

    A Car Accident Attorney Can Make Sure You're Treated Fairly by the Insurance Company

    So property damage is often resolved with a mathematical calculation with the help of a good auto body repair shop. If the cost does not exceed the value of the vehicle, and the car can be repaired, choose a repair shop of your choice and have your car repaired and require the insurance company to pay for the cost. If the vehicle is a total loss, then determine the “fair market value” of the car at the time of the accident. Settle only for that which is fair and reasonable to you.

    Most property damage claims can be resolved without an attorney. However, if you do not feel you are being treated right or were injured in the accident, consult an attorney and get the right advice and representation to resolve your damages claim.

    Attorney David H. Ricks and the Inland Empire Law Group is an excellent personal injury and liability lawyer and law firm in Rancho Cucamonga and is handling cases throughout the Inland Empire, including the High Desert Region. Please call our firm to discuss your legal rights and how we can really make a difference for you at 909-481-0100 or 1-888-MY-IELAW.

  • Can you lose your license for drinking, possessing or purchasing alcohol without being in your car?

    Teenage drinking and drivingYes.  If you are under 21 and are cited for underage drinking, at a party or some other locations, the State of California has the right to suspend your license, even if you were nowhere near your car.  Any person aged 13 to 21 cited, even if not convicted, may have their license privileges delayed, restricted or suspended for up to one year for each offense involving possession, consumption, and purchase of alcohol.  [V.C. sec. 13202.5; B. & P.C. secs. 25658, 25662(a)].

     

  • Do I Need Medical Treatment Following a Car Accident?

    Ambulance and medical treatment after car accidentIf you’re involved in a car accident, it is essential that you seek prompt medical attention. Even if you do not feel injured at first, it is still a good idea to get checked out by a doctor, either by your primary physician or at an urgent care or emergency room facility. It’s not unusual for the initial shock of the accident to mask pain or bodily injury until several days later. Other times, injury victims actually feel embarrassed or guilty for having been involved in an accident and don’t want to seek treatment. However, it is generally not their fault and should be proactive to address their injuries from an accident.

    Some automobile accidents result in injuries that are clearly evident, resulting in neck and back injuries, broken bones, bleeding or internal injuries. Immediate medical attention is required and paramedics and/or ambulance services should be utilized to prevent further injury from delayed treatment. You should insist on getting a full evaluation, including, X-rays, MRIs or other internal medical examinations. Expect to receive and take muscle relaxers, anti-inflammatory medications, and pain medication to provide you some degree of immediate relief from the injuries, including muscle strains, pulls, or whiplash injuries.

    Delaying Treatment Will Delay How Soon You’re Able to Heal, and May Harm Your Claim for Compensation

    Delayed therapy and medical treatment following an injury causing accident will most likely result in a poorer recovery or a delayed recovery. Many insurance companies that are defending against your injury claim will use your delayed treatment against you. The insurance company claims that if you did not need to get medical treatment immediately after the accident then you could not have been injured too badly. Since back and neck injuries, which have resulted in herniated disks or other similar injuries, are not always immediately determinable, delayed examination and treatment may result in ammunition for the insurance company to say that something else caused your injury instead of the accident. These injuries often are first diagnosed as "soft tissue" injuries. But after treatment has not resolved the injuries, an MRI or CT scan may be taken to reveal a more serious disc injury.

    After a car accident, this is what you should do: Seek some medical care right away, even if you feel okay at first. Do not delay further treatment when you realize there is something wrong. Follow the treatment protocol advised by the physician or chiropractor. Seek legal advice to determine whether you are entitled to recover compensation to cover the medical expenses, loss of earnings, property damage and pain and suffering compensation.

    Finally, keep detailed records of your injury, treatment and problems from the accident. We naturally forget information over time. This is why you must write down your information then provide it to your attorney so he or she can clearly communicate to the insurance adjuster what you experienced from this accident. It is hopeful that between your journal and the doctor’s records this information will help the attorney establish the causal link between the accident and your injury.

    Medical treatment, even if it is just an examination, is better than not taking affirmative action to treat your injuries. Proactive medical treatment and efforts in recovering from an injury will always be better for you than to ignore your injuries from an automobile accident or some other injury.

    Our Car Accident Attorneys Are Here to Help With Your Claim

    If you’ve been injured in a car accident that was caused by someone else, you may be able to recover compensation for your injuries, the damage to your car, lost wages from missing work, and more. The car accident attorneys of the Inland Empire Law Group are here to help you with your claim. From our offices in Rancho Cucamonga and Victorville, we proudly serve the entire Inland Empire and High Desert region. Get a free, no-obligation consultation today, call 909-481-0100 to get started.