How Does An Accident Affect A Car Lease?

Leasing a car is a great option for those folks who may not be able to afford to buy one. Nonetheless, there are some perks associated with leasing a car, specially if you get into a car accident. For example, if you own a car and it is involved in a car accident, this can show up in a report such as a Carfax and this will undoubtedly lower the resale price of your car.  On the other hand if you lease a car you will not carry the burden of the decrease in value because the manufacturer does. However, as you may already know, when you lease a car you’re required to have insurance as you’re still expected to return the car in one piece. Here is when an experienced attorney may come in handy.

 

When you experience a car accident in a leased car, in addition to notifying your dealer, you will need to pass through the same hurdles you would had you gotten in a car accident with your own car. Of course, at first you should be concerned with your safety and health and then those of other drivers and passengers.Then, it is always helpful to get the names and numbers of witnesses to the event. If law enforcement is called, they will also write up a police report. Finally, the other driver’s insurance companies will take the available information to assess whether you will receive any compensation and how much. Often times, they decide you will receive nothing or less than you truly deserve. If the other driver’s insurance company denies your claim, you may be left to go through your own insurance, pay their deductible and recover on your own.

 

Fortunately, even if the other driver’s insurance company denies your claim or does not compensate you properly, you may still fight to get the compensation money you deserve. A top car accident attorney can conduct his or her own investigation and reveal facts that may have been omitted my law enforcement. Additionally, because attorneys can file a lawsuit at any time, they typically get more leverage when negotiating a fairer settlement with the other driver’s insurance company. This means that a top personal injury attorney negotiates for medical bills, property damage, lost income, pain and suffering and in some cases even punitive damages.

 

Here at LA Jewish Lawyer we’ve build a network of courtroom-experienced top attorneys that can deal with the law and insurance companies while you focus on recovery. If you’ve been involved in an accident in a leased car, call LA Jewish Lawyer at 855 977 1212 for a Free Consultation with an attorney.

6 + 6 =

USING CALIFORNIA DMV FORMS TO GET INFORMATION ABOUT A CAR ACCIDENT

Injury Lawyer

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

 

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 or to confirm that the other driver does not have insurance for the incident. This can then be used to open up a claim for uninsured motorist under an insurance 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

 

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.

 

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

 

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: jonathan [ 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

4 + 2 =

SHOULD I REPORT A MINOR CAR ACCIDENT TO MY INSURANCE?

Accident Injury Lawyer

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.

Some drivers who are involved in a small auto collision try to avoid reporting the accident to their insurance for several reasons. First, these types of drivers assume that their insurance rates will increase because of reporting the incident. Second, these drivers sometimes assume that things can be worked out with the other driver without involving the insurance companies. Third, these drivers assume that there is little or no damage – or injuries.

  1. I Don’t Want My Insurance Rates To Increase

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.

  1. I Will Just Work It Out With The Other Driver

Accidents never work out with other drivers. Often, little damage and/or scratches could cost a few hundred dollars – but once a body shop inspects the vehicle, often times, they will find internal damage, or the cost of the paint is more than expected. The at-fault driver may not have the funds to pay out right away. This may cause the non-fault party to pay out of pocket. If no payment is made, reporting the incident to the insurance company after a few weeks may cause some doubts and possible denial of the claim.

  1. I Was Not Hurt Immediately After The Accident

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: jonathan [ 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

7 + 12 =

HOW TO NEGOTIATE MEDICAL LIENS

Accident Injury Lawyer

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 minimize lien recovery.

 

  1. Reduce For Unrelated Charges

Review the lien, all the dates of services, and make sure that only visits related to the injury are include.

 

  1. Reduce For Unreasonable Charges

Review the total lien amount and reduce anything that seems too much. Check the CPT codes for standard rates for the area of service.

 

  1. Reduce For Comparative Fault

If the settlement was reduced for comparative fault, make sure to reduce the lien amount for the same percentage.

 

  1. Apportionment For Claimants

If the settlement is for multiple parties, make sure to apportion the settlement for the lien claimant only.

 

  1. Deduct For Out Of Pocket Expenses

Reduce the lien amount for any out of pocket expenses such as deductibles and co-pays.

 

  1. Determine The Portion Of Settlement Related To Medical Bills

Settlements often cover past and future medical bills, lost wages, and pain suffering. Determine the amount of the settlement for medical bills and reduce the lien amount accordingly.

 

  1. Priority Of Liens

Make sure to pay out liens in priority. If there is an issue of liens, make sure all lien claimant’s rights are accounted for and apportioned accordingly.

 

  1. Consider The Made Whole Doctrine

The Made Whole Doctrine limits the recovery when the injured victim has not fully recovered from the settlement. The doctrine allows a reduction for attorney fees and costs.

 

  1. Consider the Common Fund Doctrine

The Common Fund Doctrine further limits the recovery to a pro-rata share of the total settlement.

 

  1. Civility

Most likely you will deal with the lien claimant again on other matters. Make sure to maintain civility throughout the entire process.

 

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: jonathan [ 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

6 + 15 =

HOW DO I GET A COPY OF A COLLISION REPORT IF I WAS INVOLVED IN A CAR ACCIDENT?

If the police, sheriffs, or highway patrol arrive at the scene of a collision, or any other government entity, chances are a collision report was made. The agents at the scene of the incident will provide a report number which can be used to request a copy of a report several ways. If a report number was not provided, a search can still be made by providing information regarding the incident, including the date, time, location, and the information regarding the parties and the vehicles involved. In Los Angeles, it takes approximately thirty to sixty days for a report to be made available, absent certain special circumstances that result in expedited reports.

 

Obtain A Copy Through The Online Portal

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. 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.

 

Obtain A Copy Through Mail

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

 

What About Reports Made By The Fire Department?

Each fire department has their own forms to fill out and procedures to follow to obtain medical and billing records from the fire department.

 

To obtain records from the Los Angeles Fire Department, download and fill out the form available at https://www.lafd.org/sites/default/files/pdf_files/LAFD%20PHI%20Authorization%20Form_0.pdf. The form requires information regarding the date, time, location of the incident, and the involved parties. Once the form is filled out, a check must be sent along with the form for $13.00 made payable to the LAFD and mailed to:

 

Los Angeles Fire Department

Attention EMS Records Custodian

200 North Main Street Suite #1620

Los Angeles, CA 90012

 

Can I Get Copies Of The 911 Calls Made Regarding The Car Accident?

Each department has their own forms to fill out and procedures to follow to obtain medical records from the fire department.

 

To 911 phone call records for calls made in Los Angeles County, the request must be submitted with the Los Angeles Fire Department. The form is available at https://www.lafd.org/sites/default/files/pdf_files/LAFD%20PHI%20Authorization%20Form_0.pdf. The form requires information regarding the date, time, location of the incident, and the involved parties. Once the form is filled out, a check must be sent along with the form for $10.00 made payable to the LAFD and mailed to:

 

Los Angeles Fire Department

Attention EMS Records Custodian

200 North Main Street

Suite #1620

Los Angeles, CA 90012

 

What If There Was A Fatality, Where Can I Get The Coroner’s Report?

Coroner’s reports made for victim ins Los Angeles County can be found at http://mec.lacounty.gov/.

 

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

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: jonathan [ 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

5 + 9 =

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: jonathan [ 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

11 + 12 =

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: jonathan [ 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

15 + 8 =

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: jonathan [ 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 + 2 =

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: jonathan [ 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

3 + 11 =

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: jonathan [ 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 + 9 =

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: jonathan [ 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

13 + 7 =

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: jonathan [ 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

12 + 1 =

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: jonathan [ 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

4 + 7 =

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: jonathan [ 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

7 + 11 =

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: jonathan [ 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.

 

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