Frequently Asked Questions

Do I need a lawyer?

If you have minor injuries from a traffic collision you may not need to hire a lawyer. However, it is easy to make mistakes early on that will damage your claim. If you are seriously injured in a crash or in any manner that could be the result of another person’s wrongful conduct, if you are hurt on public or private property, or if you are injured by a dangerous product, most people agree that having your own attorney can make all the difference.

We only handle injury cases. We will be at your side as we guide you through the maze of forms, procedures and documents necessary to secure payment for the damage to your car, obtain appropriate medical care for your injuries and document your losses. We will find and preserve important evidence and deal with the insurance companies on your behalf.

Many injury cases can be settled without filing a lawsuit yet our ability and willingness to take your case to trial can help to maximize your recovery. Insurance companies are represented by attorneys and claims professionals; you need an aggressive and committed attorney on your side.

I was injured. How can I pay for a lawyer to represent me?

When you hire an attorney for most legal matters, you either pay the attorney in advance or you pay an initial retainer and receive a monthly billing based on an hourly rate. We work on a contingency fee basis. This means you do not pay any attorney’s fees until the case is concluded. We are paid a percentage of the recovery only if we win your case. We may advance necessary litigation expenses at no charge to you until the conclusion of your case. An attorney who takes cases on a contingent fee basis must believe in the merits of the case because if the case is not successful he/she may become an unpaid volunteer.

What should I do immediately after a collision?

If you are involved in a collision have someone call “911” to report the crash and secure medical attention for any injured persons. If you are hurt do not make the mistake of refusing medical attention or ambulance transportation to a hospital. One of the most important things you can do is to insist on a written police report. Preservation of evidence is critical. For this reason, you should immediately have someone take photographs of the roadway, the vehicles and the people involved in the collision. You should exchange driver’s license, registration and insurance information with the other people involved. Report the accident to your insurance company without delay. Mail a completed SR-1 form to the California Department of Motor Vehicles within 10 days if there was over $750.00 damage to any vehicle or if anyone was injured. Call us right away for assistance with your claim.

How much is my injury claim worth?

I have had the privilege of representing people from all walks of life in personal injury and wrongful death cases resulting in awards and judgments from thousands of dollars to over one million dollars. While it is often possible to estimate a ballpark value for a given case the actual value can only be determined after the legal and medical issues are resolved and the evidence is carefully reviewed. You are entitled to recover from the responsible party or his/her insurance company all of your economic damages, including reasonable and necessary past and future medical expenses, loss of earnings, loss of future earning capacity and other out-of-pocket expenses. In addition, you are entitled to receive damages for pain, suffering, inconvenience, physical impairment and disfigurement. In some cases you may receive an award of punitive damages to punish or set an example of the responsible party for oppression, fraud or malice.

My car is a total loss. Does the insurance company have to buy me a new one?

Once liability is established against the responsible party, his/her insurance company must either pay the reasonable repair cost of your vehicle or declare it a total loss. If the repairs would cost more than your vehicle is worth, it will be declared a total loss. In that case the insurance company does not have to replace your vehicle with another one but they must pay you its market value. You are entitled to the actual cash value of your vehicle not just the trade-in value. You are also entitled to tax and prorated license fees on your vehicle.

What if my vehicle is declared a total loss but I still want to keep it?

You may decide to keep your vehicle even if it is declared a total loss but you will have to reimburse the insurance company for the salvage value of the vehicle. This is the amount of money the insurance company would receive if they sold the salvage. You will need to obtain a salvage title from the Department of Motor Vehicles, which may make it more difficult to sell your vehicle after it has been repaired. If there has been substantial damage to your vehicle, we advise against keeping it.

What should I know about my auto insurance policy?

Automobile insurance policies come in many varieties. Many people have been told they have “full coverage” and believe that means that they are protected no matter what happens. Full coverage policies add collision and comprehensive coverage to protect your vehicle. No automobile insurance policy covers losses from all causes or for unlimited amounts.

Insurance policies employ language with special meanings. For example, comprehensive coverage and collision coverage apply to your property damage losses – not to injuries. Your liability coverage pays for injuries you may cause to another person or their property. Your uninsured-motorist coverage pays for your injuries if you are hurt due to the negligence of an uninsured person.

At minimum, you must post a bond with the Department of Motor Vehicles or carry liability insurance to protect others you may harm while using your vehicle. You must carry at least $15,000 per person and $30,000 per accident in bodily injury liability coverage and at least $5,000 in property damage coverage. You also have uninsured-motorist coverage of at least $15,000 per person and $30,000 per accident unless you signed a waiver. You can purchase increased policy limits on your liability and uninsured-motorist coverages, and we recommend that you do so. You may also purchase optional coverages such as medical payments, rental car, towing, earnings replacement, and uninsured-motorist property damage.

Most people do not have enough liability and uninsured-motorist coverage. Hospital and medical costs are rising and it does not take much of an injury to exceed the minimum liability limits. You can protect yourself from potentially catastrophic losses by carrying increased liability and uninsured-motorist limits. If you have substantial assets you should also consider purchasing an umbrella policy, which adds additional protection to all of your insurance policies.

Speaking of automobile insurance, you should know that not all insurance companies are alike and there are many insurance companies you should avoid. The primary reason for purchasing insurance, besides complying with the law, is to achieve the peace of mind that comes with knowing they will be there for you when you need them. For this reason, I recommend you offer your business to one of the insurance companies known for good customer service. You can obtain information about the various insurance companies through the California Department of Insurance and from publications such as Consumer Reports ©.

What if the other person in the collision did not have insurance?

If you have uninsured-motorist coverage, we can present a claim to your insurance company for your injuries or wrongful death up to your policy limits. Your insurance company will pay the amounts you or your heirs would be legally entitled to recover from the owner or operator of the uninsured motor vehicle.

You are entitled to recover all of your economic damages, including reasonable and necessary past and future medical expenses, loss of earnings, loss of future earning capacity and other out-of-pocket expenses. In addition, you are entitled to receive damages for pain, suffering, inconvenience, physical impairment, and disfigurement up to the limits of your uninsured-motorist coverage. If your insurance company disputes the value of your uninsured-motorist claim, it will be decided at a binding arbitration rather than at a jury trial.

What if my uninsured-motorist coverage is greater than the other person's liability coverage?

Your uninsured-motorist insurance may also provide underinsured-motorist coverage. If you have more than $15,000 per person and $30,000 per accident uninsured-motorist coverage, your higher limits will be available to you after you have exhausted the liability limits of the at-fault person’s insurance policy. For example, if your damages are $100,000 and the at-fault person has $15,000 in coverage, assuming you had the foresight to purchase $100,000 per person uninsured-motorist coverage, you could collect the first $15,000 from the at-fault person’s policy and then recover an additional $85,000 from your underinsured-motorist coverage.

Can I recover for my injuries if I was partly at fault?

California follows a doctrine called comparative negligence. This means you can recover for the part of your damages caused by another. For example, if you have damages, including out-of-pocket expenses and pain and suffering, of $100,000 and a judge or jury determine that the other person was 75% at fault, you can collect $75,000 from the other person or his/her insurance company.

I was injured in a crash but I don't have insurance. Do I still have a claim for my injuries?

You are required by California law to be insured or to post a bond as provided by the financial responsibility laws of the state. If you were the owner or driver of a vehicle with no insurance and no bond you cannot recover money for non-economic damages to compensate for pain, suffering, inconvenience, physical impairment, and disfigurement. This is true even if you did nothing to cause the accident. However, you can still recover your out-of-pocket expenses, including medical care and loss of earnings.

There is an important exception. Even if you were uninsured, if you were injured by a motorist who was convicted of operating his/her vehicle while under the influence of alcohol or drugs you can recover all of your economic and non-economic damages.

The insurance adjuster is asking me to sign forms and to give a recorded statement. Should I do these things?

There is no law that requires you to sign medical authorizations or give recorded statements to an adverse insurance adjuster. If the adjuster is working for another person involved in your accident, the owner of dangerous property, or the manufacturer of a dangerous product, you do not need to sign anything or give any statements without the benefit of legal advice.

You should never sign overbroad medical authorizations that allow an insurance company to search through your entire medical history and you should not give a recorded statement outside of the presence of your attorney. We can protect you from overbroad authorizations or objectionable questions.

A different rule applies with respect to your insurance company’s adjuster. Your insurance policy requires that you cooperate. However, you do not need to sign overbroad authorizations or answer improper questions in a recorded statement with your insurance company. We can protect you from overbroad authorizations or objectionable questions from your insurance company, as well.

What should I do if I have a claim against a government agency?

If you are injured because of a dangerous condition of public property or by the act or failure to act of a public employee you must submit a written claim not later than six months after the incident. It is important to file the claim with the appropriate agency. For example, if you file your claim against a county or the state when the property is in the control of a city you may lose your claim.

A lawsuit must be filed not later than six months after rejection of the claim. If no notice of rejection is given a lawsuit must be filed within two years from the date of the incident. We have experience with government entity claims and can help you avoid costly mistakes.

Statute of limitations

Statutes of limitation provide limits on how long you have to commence a lawsuit on your claim. The law sets out different limitation periods for various kinds of cases that can be traps for the unwary. The most common statute for personal injury claims in California is a two-year statute. You must either settle your claims or file a lawsuit against the responsible parties within two years after the accident. Different statutes of limitation apply to claims against government agencies, attorneys, doctors and many others. Contact us to determine the statute that applies to the facts of your case.

I was in an accident that was my fault. Should I hire an attorney?

If you were insured at the time of the accident you should promptly report it to your insurance company. Your adjuster must investigate the claim and attempt to negotiate a settlement once liability becomes reasonably clear. If your insurance company refuses to negotiate in good faith to settle the claim an injured person may sue you for up to two years after the accident. You can help to avoid having a judgment on your credit history by asking your insurance company to settle the claim within your policy limits. If you are served with a lawsuit you need to send it to your claims adjuster without delay. Your insurance company will hire an attorney to defend the case at no expense to you.

If your insurance company refuses to settle your claim within the policy limits and a judgment is entered against you for more than your policy limits you should contact us for advice on presenting a claim against your insurance company for bad faith.