6 Ways To Get A Driver’s Insurance Policy Information

  1. Get A Copy Of The Collision Report

 

If the police, sheriff, or highway patrol arrived at the scene, chances are, a collision report was made. If you obtained a collision report number, most places, such as the Los Angeles Police Department, Anaheim Police Department, Beverly Hills Police Department, Burbank Police Department, Culver City Police Department, Glendale Police Department, Oceanside Police Department, Orange Police Department, Pasadena Police Department, San Diego Police Department, Santa Barbra Police Department, and Ventura Police Department use an online portal through LexisNexis to access their collision reports. The portal can be reached at https://policereports.lexisnexis.com/search/?AGENCY=CA0194200&lang=en. The portal requires the state, jurisdiction, involved party’s information, date of incident, location of incident, and/or the report number.

 

Most departments have a way of requesting the report through mail. Each department has their own form, address, and amount of payment for requesting the report. Make sure to check the proper police department that has jurisdiction over the incident and/or arrived at the incident. Call ahead to ensure the report is ready.

 

To obtain a copy of a collision report from the Los Angeles Police Department, download and complete the Traffic Collision Report Request form available at http://lapdonline.org/obtain_a_traffic_collision_report and return it with a $33 check or money order payable to the LAPD to:

 

Los Angeles Police Department

Records and Identification Division

P.O. Box 30158

Los Angeles, CA 90030

 

  1. File A California DMV Form SR-1

 

In California, the law requires that traffic accidents on street, highway, or private property to be reported to the Department of Motor Vehicles within ten days of the accident if there was an injury, death, or property damage more than $1,000.00. Untimely reporting of the traffic accident to the Department of Motor Vehicles could result in the Department of Motor Vehicle suspending a driver license. California Vehicle Code § 1806 requires the Department of Motor Vehicles to record accident information regardless of fault and requires that the driver file an SR-1 form with the Department of Motor Vehicles regardless of whether they caused the collision.

 

The form can be found at https://www.dmv.ca.gov/web/eng_pdf/sr1.pdf and there are no fees for submitting the form. It can be mailed to:

 

Department of Motor Vehicles

P.O. Box 942884

Sacramento, CA 94284-0884

 

After the form is filled out, a copy is sent to the other driver. If the DMV has the other driver’s insurance in their file, a copy will also be sent to their insurance company. The DMV will also update their file and fill in the SR-1 with the missing insurance information.

 

  1. File A California DMV Form SR-19

 

This form can be used to obtain insurance information of a vehicle, a photocopy of a reported DMV Form SR-1, or an uninsured motorist certificate. This can be useful to obtain insurance information of another driver. Once the DMV receives the SR-1 form, they investigate the license plate and driver to find their insurance policy coverage for the incident. Then, a driver can obtain a copy of the updated form with the update insurance information. If there is no insurance information in the file, then the DMV will return a certificate of non-insurance for the incident, useful to open up an uninsured motorist claim under applicable policy.

 

The form can be found at https://www.dmv.ca.gov/portal/wcm/connect/4acbfc87-082f-4183-b307-8db1c82f7cac/sr19c.pdf?MOD=AJPERES&CVID= and must be submitted to the Department of Motor Vehicles with a nonrefundable fee of $20.00 and can be mailed to:

 

Department of Motor Vehicles

Financial Responsibility Department

P.O. Box 942884

Mail Station J237

Sacramento, CA 94284-0884

 

  1. File A California DMV Form INF 1161E

 

In a pending civil or criminal action, this form can be used by an attorney licensed to practice in California to obtain driver’s license information or vehicle registration records of another vehicle. This is useful with collision reports do not have the correct information or in cases of a hit and run. After finding the driver’s license information or vehicle registration records, you can then submit an SR-1 form and a SR-19 form to obtain the insurance information.

 

The form can be found at https://www.dmv.ca.gov/portal/wcm/connect/7a06a225-a00a-49be-b994-479c72a9fa04/inf1161e.pdf?MOD=AJPERES&CVID= and must be submitted to the Department of Motor Vehicles with the appropriate fees and mailed to:

 

Department of Motor Vehicles

Public Operations – G199

P.O. Box 944247

Sacramento, CA 94244-2470

 

  1. Send A Letter To The Defendant

 

If the other party is not represented by an attorney, a letter can be sent to the driver and/or registered owner of the other vehicle (information can be obtained via SR-1, SR-19, and/or INF 1161F) demanding them to send their insurance information.

 

  1. Run A Policy Background Check

 

Many companies provide services for fees ranging from $200.00 to $500.00 for policy background checks. These policy checks can check for car insurances, homeowner policies, umbrellas policies, liability coverage, and other types of coverages for any incident.

 

Consult with an attorney

 

Lawyers are not experts in math, but they are experts in the law. Following an auto accident, it is important to have an attorney when reporting a claim to make sure all rights are protected and to ensure maximum recovery of the claim. Regardless of whether there are any injuries or damages, if an accident is being reported, an attorney should be consulted.

 

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

Should I Keep My Child’s Car Seat After A Car Accident?

Many car seats need to be replaced if they were in a vehicle that was involved in a car accident. Even if the child was not in the car seat during the crash, the force of the crash could cause damage to the car seat, loosen a screw, weaken a part, etc. Most insurance companies will replace car sears right away and will reimburse for same-like model. The old car seat can also be recycled.

 

The At-Fault Driver’s Insurance Company Is Required To Replace Child Seats

 

Insurance Code § 11580.011 requires insurance companies to replace a car seat or reimburse the claimant for the cost of purchasing a new car seat if it was in use by a child during the collision or if it sustained a covered loss while in the vehicle. The claimant has the option to give the replaced car seat to their nearest California Highway Patrol office.

 

If the insurance company refuses to pay for a replacement, under California Civil Procedure Code § 340, a lawsuit must be brought within three years of the date of the incident.

 

Consult with an attorney

Lawyers are not experts in math, but they are experts in the law. Following an auto accident, it is important to have an attorney when reporting a claim to make sure all rights are protected and to ensure maximum recovery of the claim. Regardless of whether there are any injuries or damages, if an accident is being reported, an attorney should be consulted.

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

Do I Have To Reimburse My Health Insurance From My Settlement?

Accident Injury Lawyer

After an accident, the injured victim will seek medical treatment. Emergency care, medical imaging, and surgeries can cost a lot. When health insurance is available, these expenses will be covered by the health insurance company. This creates a lien, which is a legal right that a creditor has in another’s settlement until that debt is satisfied. The lien is created for the expenses provided for the medical treatment to the injured victim and is attached to the settlement or judgment.

Liens are formed in three ways. First, they can be made by contracts as treatment is sought with a medical provider. These are agreement made to pay the medical provider from the settlement funds. Second, liens are created through statutes. For example, California Civil Code § 3045.1 places a statutory lien for any emergency care rendered by a hospital. Private health insurance companies, on the other hand, are contractual. Within the policy, the insurance companies have a contractual subrogation right for reimbursement for all payments made towards medical treatment where a third party is at-fault and there is a recovery from the third-party.

Although there may be a lien on a settlement or judgment, these liens can be reduced. Some examples of reduction are for costs, attorney fees, or public policy, such as the made whole doctrine which limits the lien claimant’s reimbursement where the injured victim has not fully recovered by the third-party settlement or judgment. Other policies such as the common fund doctrine limits an insurance company’s ability to recover funds from the injured victim’s settlement or judgment by implemented a pro-rated share of the fees and costs among the lien claimants. The doctrine is incorporated into insurance contracts. Though, insurance policies covered by the Employee Retirement Income Security Act (ERISA) are not provided discounts for attorney fees.

Other reductions can be made for unrelated charges, unreasonable charges, reduction for comparative fault, apportionment for claimants, and deductions for our-of-pocket payments.

In short, regardless if the claim is reported to the health insurance company, there is a contractual duty by the victim to repay the amount paid by the health insurance company.

Consult with a Car Accident attorney

Dealing with private health insurance liens can be tricky. But there are many tactics in reducing the total lien amount. Work zealously and diligently in negotiating the final lien amount early on in the case to ensure maximum recovery. Lawyers are not experts in math, but they are experts in the law. An attorney should be consulted.

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

Guide To Exchanging Information At A Car Accident Scene

Accident Injury Lawyer

Am I Required To Stay At The Scene?

California Vehicle Code § 16028 states in pertinent parts, “…[e]very person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time of the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision…” California Vehicle Code § 20002 further states that everyone involved in an auto collision must also “…[p] resent his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property.

What Is The Minimum Amount Of Information I Must Exchange?

The following information must be exchanged:

1. Name of driver;
2. Driver’s address;
3. Driver’s license number;
4. Vehicle Identification number;
5. Address of registered owner of vehicle; and
6. Proof of financial responsibility/insurance.

What Other Information Should I Gather?

The following information should be gathered at the scene:

1. Photographs of the vehicles;
2. Photographs of any damage;
3. Photographs of any skid marks;
4. Photographs of any injuries;
5. Photographs of any obstructions;
6. Photographs of any security cameras;
7. Witness’ contact information;
8. Passengers’ contact information;
9. Written statements;
10. Recorded statements;
11. License plate;
12. Vehicle make, model, and year;
13. Driver’s phone number;
14. Driver’s email address;
15. Driver’s employer information; and
16. Driver’s date of birthday.

What Happens If I don’t Exchange Information At The Scene Of An Accident?

If at at-fault driver flees the scene of an auto accident, whether there is injuries or property damage, they can be charged with California Vehicle Code § 20002(a), a misdemeanor commonly known as “hit and run.” The party that flees the scene of an accident could face up to six months in jail and a fine of up to $1,000.00. the Courts tend to be very hard on hit and run cases because this type of behavior shows conscious disregard for the safety and public of others, a willful and intentional unlawful act.

Do I Need To Report The Car Accident To The Department of Motor Vehicles?

In California, the law requires that traffic accidents on street, highway, or private property to be reported to the Department of Motor Vehicles within ten days of the accident if there was an injury, death, or property damage more than $1,000.00. Untimely reporting of the traffic accident to the Department of Motor Vehicles could result in the Department of Motor Vehicle suspending a driver license. California Vehicle Code § 1806 requires the Department of Motor Vehicles to record accident information regardless of fault and requires that the driver file an SR-1 form with the Department of Motor Vehicles regardless of whether they caused the collision.

What If I Don’t Want My Insurance Rates To Go Up?

The non-fault driver should not have an insurance rate increase for reporting the incident to their insurance carrier. This should apply even if they are using their collision, comprehensive, uninsured motorist, or underinsured motorist coverage. However, some insurance companies have complete discretion to remove any applicable discounts, such as good driver discounts or no accident discounts. As a result, the non-fault party’s insurance may still increase. Unfortunately, whether or not the insured is at fault, the incident must be reported to the insurance, or the Department of Motor Vehicles will report it through their internal reporting process.

If I Am Not Hurt At The Scene Of The Accident, Should I Still Exchange Information?

Thousands of car accidents occur every day that occur at a relatively low speed of 10mph or less. This is enough speed to cause whiplash when there’s a sudden stopping motion or an impact from behind which causes a person’s neck to snap forward and backwards quickly. The symptoms may not appear right away and take a few weeks to appear. It also does not take much force at all to cause a brain to rock against the inside of a skull. This can lead to bruising or bleeding of the brain. A low impact car accident can easily cause back or spinal cord injuries. The spinal cord can be tweaked from low impact, and the smallest tweak the wrong way could cause long term pain.

The first thing everyone should do when they are involved in a collision is to seek medical attention. Call 9-1-1 and wait for ambulance and emergency personnel to arrive at the scene to assess and address any injuries. No one should take any risks with their health. Many injuries such as spinal cord injuries, concussion symptoms, and other internal injuries can arise a few days following the collision. Those involved in an auto collision should always seek medical attention to make sure there are no potential injuries. Following up with a primary doctor just after a few days can do no harm.

Consult with an attorney

Lawyers are not experts in math, but they are experts in the law. Following an auto accident, it is important to have an attorney when reporting a claim to make sure all rights are protected and to ensure maximum recovery of the claim. Regardless of whether there are any injuries or damages, if an accident is being reported, seek consultation with an attorney.

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

What Happens If I Get Bit By A Dog?

Accident Injury Lawyer

Seek Medical Attention

Call 9-1-1 and wait for ambulance and emergency personnel to arrive at the scene to assess and address any injuries. No one should take any risks with their health. Many puncture wounds could cause severe injuries such as amputation, and often dogs carry various illnesses. Seek medical attention immediately following a dog bite.

Get The Owner’s Information

Get the information of the owner of the dog and any witnesses that saw the attack. In California, it is mandatory to exchange information.

Report The Dog Bite To The Police

A police report can be made at the nearest police station near you.

Report The Dog Bite To Animal Control

Some incidents are required to be reported to public law enforcement so that they can properly investigate the incident. The report can be incident to the Los Angeles County Department of Public Health at http://www.publichealth.lacounty.gov/vet/biteintro.htm and/or the Los Angles County Department of Animal Care and Control at http://animalcare.lacounty.gov/.

Contact Your Insurance Company

The victim should check their homeowner’s insurance company to see if they cover dog bite attacks. It depends whether the dog bite happened on private or public property, and the breed of the dog.

A Lawsuit Can Be Filed To Recover Medical Expenses, Time Lost From Work, Pain & Suffering, And Other Damages

California Civil Code § 3281 states in pertinent part, “every person who suffers detriment from Personal Injury, the unlawful act or omission of another, may recover from the person in fault a compensation in money, which is called damages.” California law limits recovery to actual harm caused to the victim. Those damages are divided into two categories: economic damages and non-economic damages.

Economic damages include “objectively verifiable monetary losses” which includes past and future medical expenses, past and future lost earnings, lost earning capacity, and loss of use of real property. California Civil Code § 1431(b)(1). The amount recoverable for medical care and services must be reasonably and attributable to the injuries suffered from the incident. However, when determining future medical costs, the calculation can get difficult, since the medical treatment has not yet occurred. Typically, an attorney will consult with an expert in the field to evaluate your injuries to determine any future medical care and assign a reasonable value to the care.

Contrary to economic damages, non-economic damages include “subjective non-monetary losses” which includes pain, suffering, inconvenience, mental suffering, emotional distress, loss of companionship, injury to reputation, and humiliation. California Civil Code § 1431(b)(2). Emotional injuries include mental injuries such as fear, insomnia, grief, worry, inconvenience and the loss of enjoyment of life.

California Civil Procedure Code § 335 states that all claims for personal injuries must be brought within two years of the incident.

Consult with an attorney

Damages are limited but the type of damages is very case specific. Given the severity of an incident, a party may even recover for the lost earning capacity and loss of ability to provide household services. Others allow for the recovery of emotional distress, even when the party making the claim was not directly harmed by the incident.

It is important to understand the extent of your damages and what can be recovered based on the specific facts surrounding the claim. It is just as important to consult an attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

Do I Have To Report An Auto Accident To The Dmv?

Accident Injury Lawyer

California Civil Code § 1714(a) says in relevant parts, “…[e]veryone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” This statute is the foundation of negligence law in California and binds all California vehicle driver’s to legal responsibility for causing an auto collision. If someone is involved in an auto accident, California law requires that the parties report the incident to the Department of Motor Vehicles.

California Vehicle Code § 16028 states in pertinent parts, “…[e]very person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time of the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision…” California Vehicle Code § 20002 further states that everyone involved in an auto collision must also “…[p] resent his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property.

For some incidents, filing an accident report is mandatory. For example, California Vehicle Code § 20008 states in pertinent parts, ”… [t]he driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred…”

How Do I Report A Car Accident To The Department Of Motor Vehicles?

In California, the law requires that traffic accidents on street, highway, or private property to be reported to the Department of Motor Vehicles within ten days of the accident if there was an injury, death, or property damage more than $1,000.00. Untimely reporting of the traffic accident to the Department of Motor Vehicles could result in the Department of Motor Vehicle suspending a driver license. California Vehicle Code § 1806 requires the Department of Motor Vehicles to record accident information regardless of fault and requires that the driver file an SR-1 form with the Department of Motor Vehicles regardless of whether they caused the collision. The form can be found at https://www.dmv.ca.gov/web/eng_pdf/sr1.pdf.

What Information Is Required To Report A Car Accident To The Department Of Motor Vheicles?

The information that is required to fill out is the following:

1. Number of vehicles involved;
2. Date of accident;
3. Accident location;
4. Whether the accident was on private or public property;
5. Time of the accident;
6. Whether the vehicles were moved, parked, or stopped in traffic;
7. Whether any of the drivers were driving for an employer at the time of the accident;
8. All drivers’ names;
9. All drivers’ driver’s license numbers;
10. All drivers’ date of birth;
11. All drivers’ address;
12. All drivers’ phone numbers;
13. All vehicle year, make, and models involved in the accident;
14. The vehicle identification number of all vehicles;
15. The license plates of all vehicles;
16. The insurance company of all drivers involved in the incident;
17. The policy number of all insurance companies covering the incident;
18. The policy holders of the insurance policies;
19. Whether there was any property damage; and
20. Names, addresses, and phone numbers of any passengers.

Where Can I Mail the SR-1 Form?

Once the form is filled out, it must be sent to the following address:

Department of Motor Vehicles
Financial Responsibility Department
Mail Station #J237
P.O. Box 942884
Sacramento, Ca 94284-0884

Consult with an attorney

Lawyers are not experts in math, but they are experts in the law. Following an auto accident, it is important to have an attorney when reporting a claim to make sure all rights are protected and to ensure maximum recovery of the claim. Regardless of whether there are any injuries or damages, if an accident is being reported, an attorney should be consulted.

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

10 STEPS TO TAKE WHEN INVOLVED IN A CAR ACCIDENT

Accident Injury Lawyer

California Civil Code § 1714(a) says in relevant parts, “…[e]veryone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” This statute is the foundation of negligence law in California and binds all California vehicle driver’s to legal responsibility for causing an auto collision. If someone is involved in an auto accident, it is important to take the necessary steps to protect your legal rights.

 

  1. Call 911 & Seek Medical Attention

 

The first thing everyone should do when they are involved in a collision is to seek medical attention. Call 9-1-1 and wait for ambulance and emergency personnel to arrive at the scene to assess and address any injuries. No one should take any risks with their health. Many injuries such as spinal cord injuries, concussion symptoms, and other internal injuries can arise a few days following the collision. Those involved in an auto collision should always seek medical attention to make sure there are no potential injuries. Following up with a primary doctor can do no harm.

 

  1. Pull Over To A Safe Location

 

Following an auto collision, the drivers should pull over to a safe location and make sure the emergency blinkers are on. If the incident occurred on the freeway and the vehicles are operable, pull off of the freeway. If the vehicles are inoperable, make sure to leave warning signs along with the emergency blinkers. It is not recommended to stay inside the vehicle but to exit and to pull over to the shoulder. If seeking medical attention, wait for their instructions.

 

  1. Exchange Information

 

California Vehicle Code § 16028 states in pertinent parts, “…[e]very person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time of the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision…” California Vehicle Code § 20002 further states that everyone involved in an auto collision must also “…[p] resent his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property.

 

  1. Photograph The Incident

 

Make sure to take photographs of everything – treat the incident like a photoshoot. It is important to document every little detail, including all four corners of both vehicles, skid marks, any broken traffic signals, loose parts, prior damage to vehicles, injuries to parties, witnesses, documents relevant to the incident, anything damaged inside the vehicles, car seats, broken headlights, broken taillights, etc.

 

  1. Gather Witness Statements

 

If there are any witnesses at the scene, their information should be gathered. If possible, they can provide a written or recorded statement at the scene. Make sure to have their permission before recording and to get all their contact information. If the police are there, make sure they speak with them and provide their statements.

 

  1. File An Accident Report

 

If someone is involved in an auto accident, the incident should be reported to the neared police department or highway patrol. For some incidents, filing an accident report is mandatory. For example, California Vehicle Code § 20008 states in pertinent parts, ”… [t]he driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred…”

 

  1. Notify The Department of Motor Vehicles

 

California law requires that drivers involved in an auto collision report the incident to the Department of Motor Vehicles. The form requires to fill out is called an SR-1 form and can be found on the DMV website.

 

  1. Repair The Vehicle

 

After a collision, the vehicles won’t run the same and will likely have moderate to severe damage, internal and external. Make sure to take the vehicle to a certified body shop that uses original manufactured parts to get the vehicle repaired so it can safely be driven on the road.

 

  1. Notify Your Insurance Company

 

Following an auto accident, it is important to notify your insurance company and to open an insurance claim. However, see step #10.

 

  1. Consult With An Attorney

 

Lawyers are not experts in math, but they are experts in the law. Determining whether an attorney needs to be involved in a claim is crucial. Insurance agents are trained to find reasons to deny coverage for the incident – even when it is the insured’s own comprehensive, collision, underinsured, or uninsured motorist coverage. The more claims that are denied, the less claims have to be paid out. It is important to have an attorney when making a claim to make sure all rights are protected and to ensure maximum settlement of the claim.

 

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

LIME AND BIRD E-SCOOTER ACCIDENTS: WHAT NEXT?

A huge problem exists with the increase of bird and lime scooters covering the streets and sidewalks. Besides very few safety recommendations within the app, there is nothing preventing anyone from negligently and carelessly using a bird or lime scooter. There is also nothing enforcing the helmet and/or pads restrictions. Because of all of these violations, incidents have been increasing as this behavior has been exceedingly dangerous.

 

Severe Injuries As A Result Of Dangerous Use Of Electric Scooters

 

Common electric scooter incidents include:

 

  • A scooter strikes a pedestrian as they cross at an intersection;
  • A scooter crashes into a vehicle;
  • A pedestrian falls over an abandoned scooter on the sidewalk;
  • A scooter hits debris in the road and loses control; and
  • A vehicle hits a scooter deliberately out of frustration.

 

Thousands of car accidents occur every day that occur at a relatively low speed of 10mph or less. This is enough speed to cause whiplash when there’s a sudden stopping motion or an impact from behind which causes a person’s neck to snap forward and backwards quickly. The symptoms may not appear right away and take a few weeks to appear. It also does not take much force at all to cause a brain to rock against the inside of a skull. This can lead to bruising or bleeding of the brain. A low impact car accident can easily cause back or spinal cord injuries. The spinal cord can be tweaked from low impact, and the smallest tweak the wrong way could cause long term pain.

 

Risks Involved In Using An Electric Scooter

 

There’s no barrier between a rider or other vehicles. Some scooters are also vandalized and could have missing or loose parts. Some drivers also ride while intoxicated or under the influence. Often, the riders absorb most of the shock from hitting a rock or a small bump, causing them to lose control and fall off. Scooters also don’t have sufficient stability. And most notably, most riders are inexperienced. Others carry groceries, heavy items, are distracted with head phones, or are illegally carrying a second passenger.

 

If You Are An Injured Rider, Seek Medical Attention

 

The first thing everyone should do when they are involved in a collision is to seek medical attention. Call 9-1-1 and wait for ambulance and emergency personnel to arrive at the scene to assess and address any injuries. No one should take any risks with their health. Many injuries such as spinal cord injuries, concussion symptoms, and other internal injuries can arise a few days following the collision. Those involved in an auto collision should always seek medical attention to make sure there are no potential injuries. Following up with a primary doctor just after a few days can do no harm.

 

Defects and Liable Parties

 

In some cases, the bird or lime riders may be injured as a result of a mechanical defect to the scooter itself. Often times, the underlying problem may occur with a motor malfunction, loser parts, or other mechanical problems. As a result, liable parties can include:

 

  1. The manufacturer;
  2. The distributers;
  3. The sellers; and/or
  4. The retailers.

 

Rider Negligence

 

Unfortunately, in some instances, rider negligence occurs in a variety of different ways. This includes failure to adhere to the rules of the sidewalk, wearing a helmet in certain restricted cities, or riding the scooter at an unsafe speed.  In some situations, the rental agency may be held responsible for their negligence in distributing the rentals.

 

Rental Agency Negligence

 

In certain situations, the rental agency can be liable if there was a malfunction in the scooter itself.

 

A Lawsuit Can Be Filed To Recover Medical Expenses, Time Lost From Work, Pain & Suffering, And Other Damages For An Injured Rider

 

California Civil Code § 3281 states in pertinent part, “every person who suffers detriment from Personal Injury, the unlawful act or omission of another, may recover from the person in fault a compensation in money, which is called damages.” California law limits recovery to actual harm caused to the victim. Those damages are divided into two categories: economic damages and non-economic damages.

 

Economic damages include “objectively verifiable monetary losses” which includes past and future medical expenses, past and future lost earnings, lost earning capacity, and loss of use of real property. California Civil Code § 1431(b)(1). The amount recoverable for medical care and services must be reasonably and attributable to the injuries suffered from the incident. However, when determining future medical costs, the calculation can get difficult, since the medical treatment has not yet occurred. Typically, an attorney will consult with an expert in the field to evaluate your injuries to determine any future medical care and assign a reasonable value to the care.

 

Contrary to economic damages, non-economic damages include “subjective non-monetary losses” which includes pain, suffering, inconvenience, mental suffering, emotional distress, loss of companionship, injury to reputation, and humiliation. California Civil Code § 1431(b)(2). Emotional injuries include mental injuries such as fear, insomnia, grief, worry, inconvenience and the loss of enjoyment of life.

 

California Civil Procedure Code § 335 states that all claims for personal injuries must be brought within two years of the incident.

 

Consult with an attorney

 

Lawyers are not experts in math, but they are experts in the law. Dealing with insurance companies and reporting a claim can be tricky and hard. Big insurance companies are not scared of individuals. Make sure to have a strong advocate on your side. An attorney should be consulted before pursuing a claim.

 

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

How Long Do I Have To File A Lawsuit For Injuries Suffered From An Incident?

Accident Injury Lawyer

Claims For Personal Injuries

California Civil Procedure Code § 335 states that all claims for personal injuries must be brought within two years of the incident.

 

Claims For Property Damage

California Civil Procedure Code § 340 states that all claims for property damage must be brought within three years of the date of the incident.

 

Claims For Personal Injuries Brought By A Minor

California Civil Procedure Code § 352 states that the statute of limitations to bring a lawsuit for a minor begins when they turn eighteen years old, and the years to bring a lawsuit begins then.

 

Claims For Injuries From Assault and/or Battery

California Civil Procedure Code § 335 states that injuries from an assault and/or battery must be brought within two years of the incident.

 

Claims For Medical Malpractice

California Civil Procedure Code § 340 states that injuries from medical malpractice must be brought within one year from the date of discovery of the injuries or three years from the moment of wrongdoing, whichever occurs first.

 

Claims For Fatal Injuries

California Civil Procedure Code § 335 state that injuries resulting in death must be brought within two years from the date of injury/death.

 

Claims For Injuries Against Government Entities

California Civil Procedure Code § 342 and Government Code § 911 state that injury claims against government entities must first make a pre-lawsuit claim within six months from the date of injury. Then, the time period to file lawsuit runs six months after written denial of the claim or two years from accrual if no written denial is made.

 

Claims For Property Damage Against Government Entities

California Civil Procedure Code § 342 and Government Code § 911 state that injury claims against government entities must first make a pre-lawsuit claim within six months from the date of injury. Then, the time period to file lawsuit runs six months after written denial of the claim or two years from accrual if no written denial is made.

 

Claims For Injuries Extended By Victim’s Prison Sentence

California Civil Procedure Code § 352 states that if Plaintiff is imprisoned, the time to bring a lawsuit is tolled until the plaintiff is released or for period of two years, whichever occurs first.

 

Claims For Injuries Extended By Victim’s Serving In The Military

Title 50 of the United States Code § 526 states that if Plaintiff is in the military, the time served in the military is to be excluded when computing the statute of limitations.

 

Consult with an attorney

Lawyers are not experts in math, but they are experts in the law. Filing a timely lawsuit requires meticulous work, and it is important to have an attorney on your side to make sure all rights are protected and to ensure maximum recovery from the claim. When deciding on whether filing a lawsuit, make sure to consult with an attorney near you.

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

BREAKING NEWS / JANUARY 01, 2017 / NEW LEGISLATION ENCOURAGES CO-HABITATION DURING DIVORCE

For many years, California Divorce Attorneys have fought ferociously in Family Court over the issue of when – exactly – is the “Date of Separation” in a case where the divorcing spouses continue to dwell in the same house.

But now, finally, the California State Legislature has spoken.  As of January 01, 2017, if Husband and Wife both intend to get a divorce, and have ceased sleeping together and comingling funds as well as “fun,” then they can be legally “Separated,” even if they are living under the same roof.

In an acknowledgment of the weak California economy, and the consequent housing shortage, as well as the public policy of not unnecessarily causing one of the divorcing spouses to become “Homeless” … usually the Husband … Governor Jerry Brown has signed legislation — SB 1255 — which will take effect in January 2017, allowing divorcing couples to be considered legally “Separated,” while still living in the same house.  Under prior California Case Law, the fact that the couple lived under the same roof was usually taken as an indication that they were not legally “Separated.”

This important new law was written and advocated by Senator John Moorlach (R-Costa Mesa).  He believed it was necessary to change the Family Code language because many spouses wish to separate legally in order to protect their personal finances, but also, wish to continue sharing a residence in order to save costs during their divorce. 

 

Thus, SB 1255 should better reflect the reality of modern divorce experiences.

 

While the amended Family Code sections do provide clarity and allow couples more post-separation flexibility, it is important to note that SB 1255 may not be the end of legal disputes about separation dates—in the coming years, case law will further refine the relevant legislative provisions. 

 

Additionally, couples in the process of a divorce should not let SB 1255 pass by them unnoticed because when the new law goes into effect on January 01, 2017, it may retroactively apply to any cases pending on that date, but this issue still needs to be resolved and addressed by the Family Courts in California.

 

Since there are some complicated and confusing issues, you should consult now  — right away! — with your Family Law attorney to develop a “date of separation” strategy that is in your best interest.

 

If you are considering a legal separation or divorce, please contact the experienced family law attorneys at Los Angeles Jewish Lawyers – we can help you navigate the effects of SB 1255 and answer any questions you may have about how the new law will impact your divorce. 

 

The sooner you understand how SB 1255 will affect your legal plans, the better you can prepare for the new rule when it goes into to effect on January 01, 2017.

As before, but to a somewhat lesser extent, the nuances of what a divorcing couple does  –  or does not do  –  while living under the same roof could alter the Family Court’s decision as to their legal status, e.g., the sharing of credit cards and bank accounts, the giving and receiving of gifts, and even the exchange of written thank you notes and greeting cards, could well have been determining factors.

The status of the couple in terms of sharing of debt may be of crucial importance as well.  Generally, the martial status of the couple will determine the character of the debt at the time it was incurred.

The status of the couple’s children will also need to be considered.

We welcome the new legislation by the State of California, because children generally do better if both parents are present in the home, unless the situation involves violence or abuse, or is totally untenable in other ways.  Divorce is not pleasant for anyone involved, whether parents or children.  

Perhaps you’ve seen the 1989 movie, “War of the Roses,” in which a Divorce Attorney, played by Danny DeVito, and with the movie having also been Directed by Danny DeVito, recalls and describes to his new client – who is thinking of divorcing his wife – the sad story of Mr. and Mrs. Rose, whose horribly contentious Divorce ends very badly.  At the end, DeVito advises his potential new client, listen … why don’t you just go home, take your wife out to a nice restaurant for dinner, go back home, each of you going to a different room, on a different floor … and just don’t argue about anything … and … as Rodney King famously suggested, “just get along.”

Starting on January 01, 2017, you can live under the same roof with the spouse that you are divorcing, and still be considered as legally “Separated,” if, and only if, you do not sleep together, do not exchange holiday gifts or greeting cards, and … as at the Courthouse, always watch what you say !

 

 

 

UNDERSTANDING YOUR AUTO INSURANCE POLICY

Accident Injury Lawyer

California Vehicle Code § 16020 requires that all drivers and all owners of a motor vehicle must carry automobile insurance when operating a motor vehicle. California Vehicle Code § 16056 requires that the minimum coverage carried by an operator or owner of a motor vehicle must be a minimum of $15,000.00/$30,000.00. There are many different insurance policies with different types of coverage. The insurance policies are long and complex, and filled with different conditions and exclusions on when the policy applies. Make sure to have your Car Accident Lawyer review your policy in details before getting behind a vehicle.

Accident Injury Lawyer in Los Angeles

Auto Insurance Costs

When purchasing auto insurance coverage, there are certain payments that must be made to maintain the auto insurance coverage without lapsing and additional payments that must be made when making a claim.

  1. A “premium” is paid, depending on the policy, every six months, and it is the amount that is paid to the Los Angeles insurance company to purchase the auto policy. The premium payment covers the term or length of the policy, typically six months or one year, depending on the policy.
  2. A “deductible” is paid when someone opens up a claim with their Los Angeles insurance company. Typically, deductibles range from $500.00 to $1,000.00. Depending on who the at-fault party is, the deductible could be recovered when making an insurance claim. No fees are paid to an insurance agent because they are paid by the insurance companies. However, if a broker is involved, there may be broker fees.

Auto Insurance Coverage Limits

Limits are typically divided into two parts: the first number covers the injury or death of the first claimant and the second number covers any additional parties by stating the maximum benefits per claim. For example, a $15,000.00/$30,000.00 will pay up to $15,000.00 for the death or injury of the first claimant and if more than one person is injured in the collision, a total of $30,000.00 will be paid out for the death or injury of the other parties, but no more than $15,000.00 per person. Coverage limits also extend to property damage and typically range from $5,000.00 to $100,000.00 per claim.

In Los Angeles and California, the driver and owner of a vehicle must carry a minimum of $15,000.00/$30,000.00 coverage for bodily injury claims and $5,000.00 for property damage claims.

Different Types of Insurance Coverage

  1. Liability Coverage: Liability coverage applies when someone is involved in a collision and is deemed at-fault for causing the collision. The coverage limits will only apply to the other claimants and not the insured. This includes coverage for the other person’s medical expenses and vehicle damage. California requires a $15,000.00/$30,000.00/$5,000.00 minimum liability insurance coverage to operate a motor vehicle.
  2. Collision Coverage: Unlike liability coverage, collision coverage only applies to vehicle damage and covers the repairs of the insured’s vehicle, regardless of who is deemed at-fault for the collision.
  3. Comprehensive Coverage: Just like its name, comprehensive coverage will cover everything else – if the car is stolen, broken into, weather damage, hitting a side pole, etc. Regardless of who is at-fault for the collision, comprehensive coverage covers all the other types of property damage claims for the insured’s vehicle.
  4. Personal Injury Protection: Often referred to as PIP, this coverage will cover any medical bills up to the limits that are claimed by the insurer. For those who do not have health insurance, the payments will be made directly to the insured for any out of pocket expenses. This coverage typically ranges from $5,000.00 to $50,000.00.
  5. Uninsured Motorist Coverage: Not all drivers abide by the laws of the state, and chances are, drivers do not carry any insurance coverage. In those instances, the insured’s insurance coverage will kick in and cover the collision. For example, if the insured has $50,000.00/$100,000.00 uninsured motorist coverage and is involved in a collision with a driver who has no insurance, the insured can make a claim up to $50,000.00 against the insured’s insurance company for damages and up to $100,000.00 for the entire collision.
  6. Underinsured Motorist Coverage: Similarly to uninsured motorist coverage, the underinsured motorist coverage will kick in as an excess coverage when the at-fault party’s insurance limits are not enough to cover all the damages. For example, if the at-fault party carries $15,000.00/$30,000.00 and the insured carries $50,000.00/$100,000.00 underinsured motorist coverage, the insured can make a claim up to $35,000.00/$70,000.00 for the collision against their own insurance company.

Personal Exposure After Limits Are Exhausted

In an event of an incident where the auto insurance policy is the only policy that covers the incident and is at fault for the incident, if the injuries claimed by the other parties exceed the coverage that applies, the policy holder’s personal assets will be exposed to a judgment or a verdict. Depending on the usage of the vehicle and employment history, consider obtaining the maximum auto insurance limits or an umbrella policy to avoid exposure.

Know Your Auto Policy

Insurance policies are complex and are filled with exceptions in order to avoid coverage in situations where you need it most. Recovery could be limited based on your coverage.  It is important to understand the extent of your auto insurance policy and what coverage and exceptions could possibly arise in the future. It is just as important to consult an attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

 

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

The Best Time To Hire A Personal Injury Attorney

“YOUR  ATTORNEY  IS  YOUR  COACH”

Lawyer-Up” NOW, Ask Questions Later

The best time to hire a Personal Injury Attorney is immediately, just as soon as the Car Accident or Slip & Fall occurs.  By analogy, let’s say you’re on a professional football team, heading to the Super Bowl.  When do you want your Coach to be there?  Right from the very start, of course!  Your Attorney plays the same role as your Coach.  How well the litigation process proceeds, may be determined largely by how well you handle the “kick-off.”  Don’t make mistakes that you will later regret.

Scouting” the Opponent

Just like a Life Coach needs Scouting reports on the other team, you need all of the relevant information from the other car involved in an accident.  You need name, address, telephone number, Insurance Card, Registration, Driver License, to name a few.  Just think of your Driver License as your “Name,” your Registration as your “Rank,” and your Insurance Card as your “Serial Number.”  That’s all the information you ever can be required to give.  Your Attorney can help you obtain and organize this vital information, as well as contact both your insurance company, and the other guy’s insurance company.  Your Attorney can contact the local Police Department, to get a copy of the Police Report, and get it right away.

Don’t Talk Too Much

At the scene of an accident, don’t be offering apologies or explanations.  Don’t say “I’m so sorry,” or “it was my fault,” or “I was on the telephone.”  For example, I was once in a serious Car Accident on the 170 Freeway.  I was a passenger, not the driver.  The accident was clearly the other Driver’s Fault, since he veered suddenly into the Car Pool Lane, in order to swerve around a line of traffic, as the cars ahead of him slowed to a stop.  As he swerved, he crossed a double yellow (actually quadruple yellow) line, and plowed into the side or our car, since we were already in the Car Pool Lane.

Oddly enough, the Driver of our car had been in an unrelated Bumper Bumping earlier that morning.  The Driver’s Daughter, age 15, could not stop from saying, “OMG (oh my gosh), Mom, two accidents in one day!,” within earshot of the other Driver, who was at fault.  At first, I tried a polite “Shhh” in order to give the talkative teenager the idea of keeping quiet, but it didn’t work.  Eventually, desperate to stop her conversation, I said “shut-up!”  Of course, I lived to regret that comment ….

The point is, right from the start, you’ve got to think like a Personal Injury Attorney, and if possible, hire an Attorney … right away!  Some things … a lot of things … are best left unsaid.

If it’s a serious accident, there may well be litigation, including Court Hearings and Depositions.  At your Deposition, if you have an experienced Los Angeles Car Accident Lawyer that knows how to be a good Coach, you will learn things you’ve never learned before … like how to answer simply “yes,” or “no,” and then to remain silent … no matter how uncomfortable that might feel. It is very important you follow the guidance of your Personal Injury Lawyer.

 

 

 

PERSONAL INJURY LAWYERS

Call 855-977-1212 to speak with one of our lawyers

Your consultation is Free

DRIVING WITHOUT AUTO INSURANCE AND A DRIVER’S LICENSE

California requires that all drivers and all owners of a motor vehicle must carry automobile insurance when operating a motor vehicle. The laws also require that the driver carry a valid driver’s license. If someone is involved in an auto collision without a valid driver’s license or valid auto insurance, recovery can be limited. There may also be criminal liability for failure to obey the rules of the road.

What happens if someone is involved in an auto collision and does not have auto insurance?

If someone is involved in an auto collision and does not have automobile insurance, recovery may be limited. In 1996, California passed the Limitations on Recovery to Uninsured Motorist Act that limits the recovery of automobile drivers who are involved in motor collisions and do not have auto insurance. Also known as Proposition 213, the act denies recovery for noneconomic damages, such as claims for pain and suffering. However, there are certain exceptions. For example, if the vehicle was operator for the driver’s employer, if the accident occurred on private property, or the owner of the vehicle did have insurance coverage.

Car Accident Attorney

Nevertheless, if someone was involved in an auto collision and cannot show proof of financial responsibility by purchasing liability insurance, the person involved in the auto collision can post a bond or deposit cash in the amount of $35,000.00 with the Department of Motor Vehicles. This allows the party to meet the financial responsibility requirement of the California Vehicle Code and allows full recovery. Though, this process is tedious and requires assistance from an attorney.

If the person involved is a pedestrian or a passenger in the vehicle, then Proposition 213 does not apply. There are also other exceptions if the collision resulted in a wrongful death claim, caused by a drunk driver, or if there is a claim for punitive damages. These exceptions are case specific, and a Car Accident Attorney must be able to make the determination.

What happens if someone is involved in an auto collision but does not have a driver’s license?

In California, driving without a valid driver’s license is either a misdemeanor or an infraction. This is made clear in California Vehicle Code § 12500. If charged and convicted for a misdemeanor, there can be penalties up to and including six months in jail and up to $1,000.00 in court fines. If the conviction is determined to be an infraction, the maximum penalty is $250.00.

However, not having a driver’s license itself does not impact the collision claim. They are two different claims and there is no requirement to have a driver’s license to make a claim under an insurance policy. This gets tricky only if there is no auto insurance coverage or the driver involved in the collision is explicitly excluded from the policy.

What happens if someone is involved in an auto collision but with a suspended driver’s license?

In California, driving with a suspended driver’s license is a misdemeanor. California Vehicle Code § 14601 imposes penalties such as jail time and court fines. Typically, the jail time and court fines are relative to the underlying reason of the suspension i.e. DUI.

Contact an Attorney

Insurance policies are complex. Recovery could be limited based on your coverage. If a claimant is uninsured or has a suspended driver’s license, there may also be criminal charges. It is important to Consult an Attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

Can Personal Injury Lawyers Reach a Peaceful Future? The Magic of Technology

I often wonder where our society is heading with the rapid exponential advancement in technology. The days of pagers and dial phones are a far distant memory that we now have a difficult time explaining to our children.

Could we have the same challenge telling our grandchildren what is/was a cell phone and why we needed a tablet? I think it is inevitable that many of today’s marvels will become old relics of which only the old and wrinkled will have a memory.

This goes also for how we do other things, for example the type of cars we drive and the technology used to keep us safe on the road inside the vehicle and in infrastructure. The cars operating on Los Angeles’ freeways are of a greater variety than just a decade ago; the major shift has been in the use of electrical vehicles. They look and drive the same as the indigenous gas monster but with finesse and a collective spirit of looking forward to …. greener planet.

But even greater developments are coming for cars. Let’s try to stretch our imagination and penetrate into a futuristic reality in which we can possibly experience a future day in our life. First cars will be driven autonomously (it has already started if you haven’t read the latest tech news) and linked to the net grid. Cars will offer each driver the best route and time to leave the house to get to their destination on time. Taking the side streets will not be needed because there will be no traffic jams. All traffic is calculated down to the second pedestrians takes their first step onto the pavement.

Now what does it mean? Will it mean no accidents or at least down to a fraction in terms of national average? Most likely, yes. A slow mutative domino effect will take place, less accidents= less injuries/fatalities = less lawsuits = less auto body-shops = less junkyards = less traffic tickets and the list goes on.

Imagine Personal Injury Attorney law firm’s staff meeting coming to the conclusion that taking on car accident cases is no longer a profitable goal for the company and they will have to cut off that specialty from their main business model? What a day!

Are we truly coming upon a technological paradigm that will shift our lives entirely and make our lives more …… peaceful?

I often ponder, what if we shifted so far out that we cut down our traditional transportation needs by 80% because, we can now travel without a car, train, boat and or plane?

What say you?

Are We Headed to a Better Future?

PERSONAL INJURY LAWYERS

Call 855-977-1212 to speak with one of our lawyers

Your consultation is Free

RECORDED STATEMENTS: A TRAP FOR THE UNWARY

California Insurance Code § 2071 puts forth the authority that gives fuel to the insurance companies in seeking a recorded statement. Often times, adjusters will push on getting a recorded statement from the offset of a claim. However, providing a recorded statement to your insurance company or the at-fault driver’s insurance company could be detrimental to your case. Here are some common misconceptions about recorded statements:

  1. Do I have to give a recorded statement to my own insurance company?

Yes. Insurance companies have a duty to investigate a claim. Recorded statements from their insured, witnesses, the other party, in addition to gathering photographs, police reports, medical records, etc. is part of their investigation. The insurance policy may also have a clause requiring the insured to comply in their investigation and provide a recorded statement in addition to other documents. Refusal to provide a recorded statement or obstructing their investigation could be grounds for denying the claim. The witness should always check the policy.

Accident Attorney in Los Angeles

  1. Do I need to provide a recorded statement to the at-fault party’s insurance company?

 No. There is no requirement to provide a recorded statement to the at-fault party’s insurance company prior to filing a lawsuit and attending a deposition. However, under certain circumstances, it may be beneficial to provide a recorded statement. Any delay in the insurance companies’ investigation could also delay payment of your claim. But always be cautious.

 WAIT! Can they just ask me anything?!

No. Recorded statements are often used to aid in determining liability and revolves around the facts of the collision. The witness should always clarify during the recorded statement that they are providing a statement only for the purposes of determining liability and only to the facts of the collision. Do not get bullied into providing additional unnecessary information or providing a medical opinion regarding your injuries. This may be used against you. Depending on the policy, if you are providing a statement to your own insurance, you may have to provide additional information about your injuries.

  1. Am I entitled to a copy of my recorded statement?

Yes. Your own insurance will provide a copy if the request is made prior to giving a recorded statement. The at-fault insurance company must also provide a copy. Pre-litigation recorded statements are not made before the insurance company retains an attorney and are taken by an adjuster, not an attorney. Therefore, the recorded statement is not work product and a copy must be provided. See Wilson v. Superior Court of Los Angeles Cty. (1964) 226 Cal.App.2d 715, 724.

  1. WARNING: The Uninsured/Underinsured Trap

Beware. Providing a recorded statement to the at-fault insurance company may be detrimental to your claim, but even providing a recorded statement to your own insurance company can also be detrimental. Most drivers carry uninsured/underinsured motorist coverage. These policies go in effect when the at-fault party does not have insurance or when your damages exceeds the policy of the at-fault party. If the coverage applies, your own insurance company steps into the same position of the at-fault party and may need to pay out on the claim. Adjusters are trained to be prepared for these situations. Their questions during the recorded statement will be tailored to investigating facts in order to deny the uninsured/underinsured coverage. The recorded statement will later be used against you.

The decision is not as simple as it sounds.

Lawyers are not experts in math but they are experts in the law. Determining whether it is beneficial to your claim to provide a recorded statement requires an examination of your collision. Any delay can also cause a delay in settling your claim.

It is important to understand your rights and know when to provide a recorded statement. It is just as important to consult an attorney in your state to understand these rights. Do not wait, never hesitate, and reach out to a professional who is ready to work for you.

By:

Jonathan Bakhsheshian, Esq.

jbakhesq [at ] gmail.com

Direct line: (310) 363-0551

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

TOTAL LOSS VEHICLE: WHAT NOW? – CAR ACCIDENT LAWYERS

The general rule is that the measure of damages for a total loss vehicle is the price at which the Car can be sold at public sale or in the open market. Tatone v. Chin Bing (1936) 12 Cal.App.2d 543, 545-46. The judicial test of market value depends upon the fact that the property in question is marketable at a given price, which in turn depends upon the fact that sales of similar property have been, and are being, made at ascertainable prices. San Diego Water Co. v. San Diego (1897) 118 Cal. 556, 633.

Car Accident Lawyers

Consult an Attorney in Los Angeles

Call 855-977-1212 and speak with one of our Car Accident Lawyers to see if you have a case.

California Civil Jury Instruction § 3902J provides further instructions regarding total loss compensation. But calculating the reasonable value of a total loss vehicle is complicated and can raise several issues. Most insurance companies hire a third party company to evaluate the total loss and the fair market value of the total loss vehicle. Therefore, it is important to understand what constitutes a fair compensation before getting ready to bat with the adversary, whether it is your own insurance company or the at-fault party’s carrier. Here are some factors to consider when evaluating a total loss report:

  1. Finding Comparable Vehicles

The first place everyone goes to check the price of their vehicle is the Kelley Blue Book. Although the Kelley Blue Book is a great place to start to get an idea of what a total loss vehicle would be valued, the Kelley Blue Book does not consider several other factors, including recent purchases and public auctions, additional components, recent modifications, etc. as required by California law. After getting a starting point from Kelley Blue Book, the next thing to do is to find comparable vehicles that are being sold within fifty to a hundred miles from the residence of the owner of the vehicle. There are dozens of websites including Edmunds, Autotraders, and Cars.com that can assist in locating them. It is best to find four to six comparable vehicles.

Make sure that the comparable vehicles are the same year, make, model, and have similar mileage. If there are none that are similar, it is possible to make the argument fore vehicles within one to two years and the mileage that is not too far apart. Another important factor is to make sure that the vehicles have the same history – if the vehicle was purchased as a certified pre-owned vehicle from a dealership, make sure the comparable vehicles are also certified pre-owned. If the vehicle was never involved in an accident, make sure the comparable vehicles do not have a history of second-hand parts, which would decrease their value. If there are none with the same history, make sure to raise the argument during negotiations. Also, factor in the use of the vehicle. If the driver of the vehicle is a student or an employee who makes long trips, the wear and tear on the vehicle will be different compared to someone who uses the vehicle in a city and is often stuck in stop-and-go traffic.

  1. Factoring in Additional Parts & Modifications

Tires need to be replaced between 25,000 to 60,000 miles, depending the use. Brakes are changed every 30,000 to 70,000 and brake pads are changed every 25,000 to 60,000 miles. Most new vehicles undergo maintenance checks every 10,000 to 20,000 miles. Make sure that if the tires, brakes, brake pads, or other components of the vehicle were recently changed prior to the collision, to include a copy of the receipt when making the evaluation. If there is no receipt use similar parts and include a copy. This will significantly change the value of the total loss vehicle.

Often times, people make modifications to their vehicles. This includes new rims, tints, an exhaust pipe, floor mats, child seats, booster seats, stereo equipment, roof rack, surf rack, etc. If anything was added to the total loss vehicle, find the receipt or a comparable model, and also include it.

  1. Factoring in Warranty

If there was a warranty purchased at the time the vehicle was purchased, the owner is entitled to compensation for the remaining years left on the warranty. This calculation must be done by apportionment. For example, if a ten year warranty was purchased and the vehicle was totaled after five years, then compensation should be received for the remaining five years.

  1. Factoring in Your Deductible

If the owner of the vehicle’ insurance company is making the claim and liability is yet to be determined, chances are the insurance company will subtract the deductible from the total loss payout. Do not be hesitant to ask the insurance company to waive the deductible given the circumstances surrounding the collision.

  1. When Your Vehicle is a Lease vs. a Purchase

If the vehicle was purchased, as discussed above, the owner of the vehicle will receive compensation for the full value of the fair market value. However, if the vehicle was a lease, make sure that the insurance company is aware and that they receive a copy of the most recent statement from the lienholder. Once there is a final agreement for the value of the total loss vehicle, the lienholder will be compensated for the remaining loan and the balance will be issued directly to the vehicle owner.

  1. Processing Fees

Do not forget – the insurance company must also pay the sales tax of the vehicle, licensing fee, and any DMV related transfer fees.

It’s not as simple as it sounds.

Lawyers are not experts in math but they are experts in the law. Figuring out a reasonable settlement for a vehicle deemed a total loss by an insurance company is more complicated than described above. Many other factors must also be taken into consideration. Insurance companies are aware of those factors and will often oversee them. In other situations, if a Lawyer is not involved in the negotiations, there is no pressure for the insurance companies to increase their offer once it has been set. Given the severity of the Car Accident collision, this might be a negotiation no one would want to deal with.

It is important to understand the extent of the damages and what can be recovered based on the specific facts surrounding the claim. It is just as important to Consult an Attorney in Los Angeles immediately following a collision to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to work for you.

By:
Jonathan Bakhsheshian, Esq.
jbakhesq [at] gmail.com
Direct line: (310) 363-0551

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer