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

11 + 12 =

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

14 + 14 =

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

8 + 4 =

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.

 

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

14 + 6 =

DRIVING WITHOUT AUTO INSURANCE AND A DRIVER’S LICENSE

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

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

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

Car Accident Attorney

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

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

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

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

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

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

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

Contact an Attorney

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

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: 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 + 6 =

RECORDED STATEMENTS: A TRAP FOR THE UNWARY

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

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

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

Accident Attorney in Los Angeles

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

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

 WAIT! Can they just ask me anything?!

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

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

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

  1. WARNING: The Uninsured/Underinsured Trap

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

The decision is not as simple as it sounds.

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

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

By:

Jonathan Bakhsheshian, Esq.

jbakhesq [at ] gmail.com

Direct line: (310) 363-0551

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: 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 =

TOTAL LOSS VEHICLE: WHAT NOW? – CAR ACCIDENT LAWYERS

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

Car Accident Lawyers

Consult an Attorney in Los Angeles

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

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

  1. Finding Comparable Vehicles

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

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

  1. Factoring in Additional Parts & Modifications

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

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

  1. Factoring in Warranty

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

  1. Factoring in Your Deductible

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

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

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

  1. Processing Fees

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

It’s not as simple as it sounds.

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

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

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

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: 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.

 

2 + 6 =

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

UNDERSTANDING YOUR PERSONAL INJURY CLAIM

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.

A. Economic Damages

Economic damages includes “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.

Personal Injury Lawyers

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

The same applies for future lost earnings and lost earning capacity. Attorneys will consult with expert economist to determine the amount of lost wages and the reduced capacity to earn a salary. Loss of use of real property is determined by the cost to rent the similar item of personal property. For example, a rental company may charge $30.00 a day to rent a compact size vehicle. The courts will often rely on such information to determine the loss of use of personal property.

B. Non-economic Damages

Contrary to economic damages, non-economic damages includes “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 includes mental injuries such as fear, insomnia, grief, worry, inconvenience and the loss of enjoyment of life.

Calculating non-economic damages can be very difficult. One way to evaluate the value of your non-economic damages is by multiplying the economic damages. For example, if the economic damages are approximately $10,000.00, the non-economic damages can be a multiplied by five and the average amount of non-economic damages can be $50,000.00. Getting an exact amount is difficult and requires rationale supporting the estimated amount. Lawyers will often consult with experts in the field to determine a reasonable amount and will argue with insurance companies and attorneys to justify their clients’ position.

C. Contributory Negligence

It has been a long policy of the California courts that if the party to a claim was negligent at the time of the incident, the party may be apportioned a percentage of responsibility for the harm. If the party making the claim for injuries is found to have been at fault, then the jury will decide the percentage of responsibility to that party and the defendant, and reduce the total damages by the percentage of responsibility. For example, if the jury finds that the Plaintiff is 20% responsible for an incident, but finds the Defendant 80% liable and awards Plaintiff $2,000,000.00, then the gross verdict will be reduced to $1,600,000.00.

It’s not as simple as it sounds.

Damages are limited but the type of damages is very case specific. Some Personal Injury actions, such as wrongful death actions, allow for the recovery of burial costs. Other personal injury actions allow for costs of repair or replacement for any damage to property, loss of employment, and loss of business or employment opportunities. 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 + 10 =

UNDERSTANDING YOUR PROPERTY DAMAGE CLAIM

After being involved in an auto collision, the law requires the responsible to compensate the injured for all the harm that they caused. Generally, compensation is divided into a property claim and an Injury claim.

A- Vehicle Repair

Damages to the vehicle are covered under the property portion of the claim. Insurance Code § 758 provides that an insurance company cannot require the vehicle to be repaired at any specific body shop. The claimant is entitled to repair the vehicle at a body shop of their choosing. If the claimant is covered by comprehensive coverage, then the claimant’s insurance will pay for the repairs, minus any applicable deductible. Once the repairs are complete, if the other party’s insurance company has accepted liability, then the claimant’s insurance may waive the deductible fee. Alternatively, if the claimant must pay the deductible out of pocket, the claimant will be able to recover the out of pocket expense from the other driver once liability has been established.


Accident Injury Attorney

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


 

B- Rental/Loss of Use

During the time that the vehicle is being repaired, a rental car may be needed. If the claimant is covered by a rental policy, their insurance company will cover the rental vehicle based off of the agreed coverage amount. If the claimant is not covered by a rental clause and must pay out of pocket for the rental, the claimant will have a claim for reimbursement for the out of pocket rental expenses from the other driver. The rental rate must generally be at a reasonable amount comparable to the damaged vehicle, rented only during the time of the repairs, and does not include reimbursement for additional insurance purchased from the rental company. Typically, if the other party has accepted liability, but the claimant does not have rental coverage, direct pay may be requested by the other driver’s insurance company without requiring the claimant to pay out of pocket.

In certain situations, the claimant involved in a Collision may not need a rental vehicle or may an alternative method of transportation. In these situations, the claimant can make a claim for loss of use of their damaged vehicle. A claim for loss of use compensates the claimant for the time that they were not able to use their vehicle during the repairs. Often times, this rate is equivalent to the rate of a comparable rental vehicle.

C- Other Property Damage

Other claims included in the property portion include items damaged during the collision. Insurance Code § 11580.011 requires the insurer 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.

Depending on the auto coverage the claimant and the other driver(s) have, there may be additional property damage claims asserted. Other complexities may arise depending on the specific facts of the collision. Auto insurance policies can be very confusing, but it is important to understand the coverage and how the coverage protects the claimant in case of a collision. It is important to Consult An Attorney in your state immediately following a collision to better understand your legal rights.

 

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

 

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