Archive for the ‘Auto Accident Lawyer’ Category

Auto accidents: Pitfalls to Handling Your Own Case

Tuesday, July 27th, 2010

If you have just been involved in a car accident you have many decisions to make but the most important one could be whether to hire an attorney. This article will discuss some of the common pitfalls to handling a case on your own. The problem is that the general public has no knowledge of many of the issues involved in their cases and could miss something that could be pertinent.

Public Entities

It is fundamental to know who the defendant is immediately. If the person who hit you was working for the government or paid by the government then a public entity could be involved. If the defendant is a public entity then you only have six months to file your claim with the entity. There are additional time and other rules that apply. For purposes of this discussion, if you fail to file your claim with the government/public entity within the six month period from the date of the accident you could lose all your rights to any recovery.

Health Insurance Companies

If you have health insurance and they have paid for some or all of the medical treatment that you have received for injuries that you sustained due to the accident then they may have a right to recovery from your settlement proceeds. You may want to take a closer look at your health insurance policy to see what their requirements are because sometimes they have to assert notice of their lien (or right to recovery). “Notice” is a legal term which usually means that they must give notice by complying with the applicable notice requirements.

Med Pay

Med Pay, in California, is almost without exception “excess reimbursable.” This means that you can only use it if your health insurance company (if you have one) does not cover the particular medical treatment. Med pay is coverage on your auto insurance policy. If you don’t know what it is then chances are that you don’t have it. It is something to consider purchasing, especially if you don’t have health insurance. People can run into problems with both the “excess” and “reimbursable” issues. It can be hard to show that your health insurance company does not cover the treatment or show that it is “excess” because you are dealing with such large corporations which are not easily accessible to the average consumer.  Most people don’t realize that their med pay coverage is reimbursable, however, in most cases you have to pay this money back to your auto insurance company because they have a right to reimbursement. There can be ways of either reducing the amount of reimbursement or getting around having to reimburse them altogether.

Medi-Cal and Medicare

There may be statutory liens on any recovery that you may have received. This means that companies such as Medi-cal and Medicare could have a right to recover the money they paid out for medical bills for treatment your received that was related to the accident by law.

In closing, there are clearly many issues that could come into play. You may want to consult an car accident attorney rather than trying to handle your case by yourself.

Tags: , , , , , , , , , , , ,
Posted in Auto Accident Lawyer | No Comments »

Uninsured Motorized Motorists and Prop 213

Sunday, July 25th, 2010

Many people are taking the risk of driving uninsured these days so now might be a good time to analyze the risk versus reward of driving without insurance. A good place to start is to examine the reasons that people are doing this. The biggest reason is likely cost. Insurance premiums cost money and a lot of people don’t have that much extra cash these days so they stop paying. Your insurance policy lapses when you stop paying your premium. There is usually a grace period, however, there is not always one and the time periods are different so this is not a guarantee. There are also people who try to take advantage of the grace period. They send their payment late but still within the grace period each month therefore prolonging their payment. This is not a good idea because the insurance companies know that people do this and they look out for it. You may miss the time period by a day due to mail or whatever the reason may be and be driving uninsured and not even know it.

Another reason that people drive uninsured is that they think the probability that driving uninsured will have any effect on them is small. However, automobile accidents are on the rise as there are more and more drivers on the road and more and more incidences of drunk driving. There are more drivers on the road because our population is increasing quickly. There are more drunk drivers on the road today because of the state of the economy.  People want to forget about their financial problems so they numb themselves with alcohol. Of course, people don’t make the best judges in such a state and so they make wrong choices: they get in a car and drive home instead of taking a cab or calling a friend to come and pick them up.

We could go on and on about the various reasons people drive without insurance but the fact of the matter is it is extremely risky and the potential effect that it could have on them is not worth the risk. If you are still thinking about driving uninsured I urge you to reconsider. You could be sued personally for all the medical bills, pain and suffering, property damage, and lost wages. This might not sound like much but let’s consider the cost of the average medical bills for a minor car accident.

Ambulance       $1,500

ER Visit          $5,000

Therapy           $5,000

M.D. Visit       $1,500

TOTAL           $13,00

Of course, that is just for the medical bills, you will be paying for a lot more than that.

Proposition 213

If you are driving without insurance and you are hit by someone else you should not be under the belief that you have just hit the lottery.  Proposition 213 was enacted to prevent uninsured drivers from profiting from an accident when someone else is at fault. It is meant to deter people from driving without insurance. The problem is that most people don’t know about it or have forgotten about it. In such cases you will only be able to get your medical bills paid and possibly recover for your lost wages. This is yet another reason to drive with insurance. Please drive safe and drive with insurance for all the right reasons.

Tags: , , , , , , , , , ,
Posted in Auto Accident Lawyer | No Comments »

Auto Insurance Policies: The Unknown Truth

Thursday, July 22nd, 2010

By:  Valerie Bradbury, Attorney, Ledger & Associates

In this economy everyone is thinking about the bottom line. It is the same story when purchasing auto insurance. The focus is on cost: how much are my premiums going to be? Of course cost should be considered, but most people aren’t considering the cost in the long term and the real risk of purchasing the cheapest insurance policy they can find. The reality is that the majority are purchasing minimum limits policies, if they are purchasing insurance at all. Minimum limits are 15/30, that is that maximum recovery under the policy is $15,000 per person or $30,000 for all the parties involved in the accident. This is leaving many people dire situations in their time of need. Protect yourself by being well-informed about what your policy does and does not cover.

Types of coverage:

There are several different types of coverage. The typical minimum policy only has liability coverage and property damage coverage because those are the only two types of coverage required by law in California. Let’s discover the truth about the different types of coverage.

Liability

If you are at fault for an accident, then liability coverage is available to the person you hit while you were driving your car. That person could be a pedestrian, bicyclist, motorist, or motorcyclist as long as you are driving your vehicle than this coverage can be used to pay for their medical bills, pain and suffering, and lost wages.  This coverage is not available to you if you are at fault for an accident. If you are not at fault for the accident then you may be able to use the liability coverage of the person who hit you, that is, if they have insurance.

Uninsured/Underinsured Motorist

This type of coverage will come into play if you did not cause the accident and the person who hit you either did not have insurance (uninsured motorist coverage) or did not have sufficient insurance (underinsured motorist coverage), such as a minimal limits policy. It is important to consider that the incidences of convictions for Driving under the Influence have skyrocketed as people are depressed about their economic situation and turn to alcohol to forget about their reality. Another thing to consider is that when people lose their jobs they save the money they have to pay for necessities such as food and shelter while insurance payments go unpaid. These things are important to think about because the consequence is that, in this economy, there are many uninsured drivers out there. They are uninsured because they continuously get DUIs and become uninsurable or they are just not paying for insurance and it lapses, even though auto insurance is required by law. That is why it is imperative for people to purchase uninsured/underinsured motorist coverage. If the person that causes the accident does not have insurance and you do not have this coverage than there is no insurance coverage available for you to recover from to cover your medical bills, pain and suffering, and lost wages.

Property Damage

In California, in addition to liability coverage, property damage coverage is required by law. The minimum limit is $5,000. Like liability coverage, this coverage is available to the person who you are at fault for hitting with your vehicle. It pays for the damage to their vehicle.

Collision

Collision is the coverage available to you under your policy for the damage to your vehicle. This will cover the cost of the repairs or the market value of your vehicle. Many times this type of coverage will come with a deductable. If you have savings then you may want to take the risk and get a higher deductable. However, if you do not, then try to purchase coverage with without a deductable or with a low deductable. Purchasing collision coverage is also a good idea to protect yourself from the devastating effect of a hit and run or an uninsured driver. In either of these cases you would not otherwise be able to pay for the repairs to your vehicle or buy a new car.

Rental

Keeping in mind that the property damage minimal limit (which most people carry) is $5,000, rental coverage is a must. If you are in an accident and your car is a total loss but it is worth more than $5,000 and you do not have collision coverage with a limit higher than $5,000, then you are out of luck. In this case, you will not recover for the value of your vehicle that exceeds $5,000 or the cost of any rental vehicle. This becomes exceedingly important when there is more than two vehicles involved in the accident because all of the vehicles (other than the vehicle of the at fault party) must share in the $5,000 limit. In larger accidents the parties are often times rushed to the hospital and have no time or are in no condition to exchange insurance information and must be out of pocket for the rental until they can obtain the insurance information from the police report and open a claim with the at fault party’s insurance.

Uninsured Motorists and Proposition 213

If you considering taking the risk and driving uninsured, you may want to reconsider. Whether you simply did not purchase insurance or whether your policy lapsed due to a missed or a late payment, the effect is the same. If you cause an accident the person who you injured can come after you personally, or in other words, they can sue you.  Proposition 213 bars recovery for pain and suffering if you are uninsured and someone else caused an accident and injury to you. That is, you are only entitled to get your medical bills paid.

Some advice in closing: don’t drive uninsured if at all possible, purchase as many different types of coverage as are available, purchase the highest limits you can afford, and do it now because you never know when you could get in an accident. If you do get an accident, call the experts at Ledger & Associates 800-300-0001.

Tags: , , , , , , , , , , , , , , , , , , , ,
Posted in Auto Accident Lawyer | No Comments »

YOUR AIR BAG DID NOT DEPLOY – IS IT FAULTY OR DEFECTIVE?

Thursday, July 22nd, 2010

By:  Brooke Kopanski, Case Manager, Ledger & Associates

Tell someone you’ve been in an auto accident and their response is likely to be “Did your air bags deploy?” Don’t take this to mean that that person doesn’t care about your well being or the fact that your beloved vehicle is damaged. We have been conditioned by years of evening news reports featuring images of crash test dummies being saved by cloud-like air bags to believe that any front-end collision should result in the deployment of the vehicle’s air bags. Car experts say that consumers have many misconceptions about air bags. Specifically, they say consumers don’t understand:

• Air bags are not designed to deploy in every accident;

• Certain criteria — or deployment thresholds — must be met for airbags to deploy;

• A totaled vehicle is not an indicator of whether an airbag should deploy;

• Air bags are a supplemental restraint system. They are not designed to replace seat belts.[1]

Air Bags Are Not Designed to Deploy in Every Accident

According to the National Highway Transportation Safety Administration[2] and the Insurance Institute for Highway Safety[3], not all front-end collisions are appropriate for airbag deployment. Frontal airbags are designed to protect the occupants’ heads and chests from hitting the steering wheel, instrument panel, or windshield. They are not designed to deploy in side impact, rear impact or rollover crashes. Since air bags deploy only once and deflate quickly after the initial impact, they will not be beneficial during a subsequent collision. Safety belts help reduce the risk of injury in many types of crashes. They help to properly position occupants to maximize the air bag’s benefits and they help restrain occupants during the initial and any following collisions.

Deployment Thresholds Must Be Met for Air Bags to Deploy

Frontal airbags are designed to inflate in moderate to severe frontal crashes. The “must deploy” threshold for belted occupants is 16 mph. At these moderate speeds, the belts alone are likely to provide adequate protection to the vehicle’s occupants.[4]

Even if your collision occurred at a speed greater than 16 mph, your airbag may have properly remained in your steering column. Your car is equipped with sensors that determine the rate of your vehicle’s deceleration, your size and location in the vehicle, and whether your seatbelt is in use. Airbag deployment tests performed by auto makers and various regulatory organizations are often simulations of full frontal collisions into barriers. However, in real-world situations, a collision is rarely ever straight on, but usually occurs at an angle. Consequently, the relative speed between a striking and struck vehicle required to deploy the air bag in a real-world crash can be much higher than an equivalent barrier test crash[5].

A Totaled Vehicle Is Not An Indicator of Whether An Air Bag Should Deploy

Damage to your vehicle is not a good way to gauge whether the air bag should have deployed in your collision. Your vehicle is made to crush, or crumple, to protect you. The idea is to minimize the force on your body and absorb energy efficiently so that when you hit something, the structure crushes as evenly as possible.[6] The terms “totaled” or “total loss” are used by the insurance industry to determine the value of a vehicle. In most states, a car is deemed a “total loss” if the cost of repairing the vehicle is 51% or more of the vehicle’s pre-accident value.

Air Bags Supplement Seat Belts

Car experts say some consumers have the dangerous misconception that their air bags give them so much protection they don’t need to wear their seat belts. That’s a false — and potentially deadly — notion. Your seat belts and your air bags work in unison – seat belts hold you in the proper position, which is critical for the air bags to do their job. [7] Unbelted or improperly belted occupants can come into contact with the air bag module during pre-crash braking. Being near or against an air bag module when it deploys can result in serious or fatal injury.[8]

Air bags must inflate very rapidly to be effective, and therefore come out of the steering column or instrument panel with considerable force and generally at a speed over 100 mph. Because of this initial force, contact with a deploying air bag may cause injury. These air bag contact injuries, when they occur, are typically very minor abrasions or burns. More serious injuries are rare; however, serious or even fatal injuries can occur when someone is very close to, or in direct contact with an air bag module when the air bag deploys. Such injuries may be sustained by unconscious drivers who are slumped over the steering wheel, unrestrained or improperly restrained occupants who slide forward in the seat during pre-crash braking, and even properly restrained drivers who sit very close to the steering wheel.

Faulty and Defective Air Bags

This is not to say that there haven’t been cases where the airbag should have deployed but failed to do so. The NHTSA has recalled several vehicles because “some frontal airbags may not inflate properly and in the event of a crash, the passenger may not be adequately restrained, increasing the risk of personal injury.”[9] If you believe that your airbag should have deployed but failed to do so, please contact our office.

[1] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

[2] http://www.nhtsa.gov/people/injury/airbags/airbags03/page3.html

[3] http://www.iihs.org/research/qanda/airbags.html

[4] http://www.iihs.org/research/qanda/airbags.html

[5] http://www.nhtsa.gov/people/injury/airbags/airbags03/images/Air%20Bags0307.pdf

[6] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

[7] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

[8] http://www.nhtsa.gov/people/injury/airbags/airbags03/images/Air%20Bags0307.pdf

[9] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

Tags: , , , , , , , , , , , , , , , ,
Posted in Auto Accident Lawyer | No Comments »

What Will A Whiplash Injury Claim Involve?

Monday, July 19th, 2010

If you have been in a car accident and have been diagnosed as having whiplash, you may be wondering if there is a chance of collecting compensation for your injuries, as well as the damage to your vehicle and associated costs. If you do file a whiplash claim or a lawsuit for your whiplash injury, you will want to know what is involved in the process and how the entire case will work. While each case is different, and your attorney will be able to better provide specifics, there are some things that normally are present in every injury claim such as this.

The first step in a personal injury claim for whiplash is having a medical professional diagnose you as having whiplash. Unfortunately, this can be difficult as many times a whiplash injury will not show up on normal imaging scans. Your X-Ray may not show a problem, but you are still experiencing pain and stiffness and other whiplash symptoms. Doctors now have ultrasound and other tests that they can do to show soft tissue damage in the neck area, which will give your attorney something to work with when and if you go to court.

If you were treated at the hospital for a whiplash type injury, or symptoms that could be whiplash, you may have simply been prescribed painkillers and anti-inflammatory medications. You should follow up with your general practitioner for more comprehensive tests such as X-Rays or other scans. Some car accident injuries can cause neurological injury and your whiplash symptoms may be a sign of even more serious injury. Do not take these symptoms lightly. You may expect to experience pain and stiffness after a car accident, but that doesn’t mean that you shouldn’t have them checked out.

When you make a personal injury claim, such as a whiplash injury, the insurance company may feel the need to have a medical expert to examine you. Depending upon how the policy is set up, and what their particular rules are, you may have to get a second opinion from this medical provider. However, you should consult with your personal injury attorney first to make sure that you are being treated fairly and that the medical provider selected is qualified and unbiased and will make a proper diagnosis of your injuries.

A personal injury attorney is vital in car accident injury cases involving whiplash, because whiplash can be difficult to diagnose and may not show up on X-Rays.  The Lawyers at The Law Offices of Ledger & Associates have years of experience helping victims of car accidents collect compensation for their claim and ensuring that they are being treated fairly by the insurance company. If you are considering a whiplash lawsuit or injury claim, contact the California personal injury attorneys @ LedgerLaw.com for a consultation about your case.

Tags: , , , ,
Posted in Auto Accident Lawyer | No Comments »

What To Do After a Hit and Run Car Accident?

Friday, July 9th, 2010

Over 6 million car accidents take place in the United States each year and approximately 11% of all motor vehicle accidents are hit and run car accidents. Recent studies show that up to 700,000 car accident cases each year are a result of hit and run incidents. Over the past decade, hit and run accidents have actually decreased on average (statistics reported by the National Highway Traffic Safety Administration), however, in California, the hit and run rates have increased in the past decade. In order to make sure you do not become a victim of a hit and run accident, immediately consult a California car accident attorney who can help you through this process and find those at fault and hold them responsible for damages.

A hit and run is defined as a motor vehicle accident where the at-fault party “runs” after the incident. This means that the at fault party does not exchange any insurance or contact information, making it impossible to track them down and hold them liable for any damages that may have occurred. The worse kind of hit and run occurs when an innocent driver, passenger, or pedestrian is killed as a result of another driver’s negligent behavior. The federal law requires the at-fault driver to leave all contact information (usually on the windshield) for the affected driver and/or car if there were no witnesses at the scene. Before you think about running from the site of an accident, just remember that hit and runs can be charged with civil and criminal penalties. Other than paying for damages done to the other party, you may be faced with additional fines, jail time, and suspension of your drivers license among various other punishments that may be far worse than dealing with the car accident when it happens.

Car accident lawyer Emery Ledger has many years of experience with personal injury cases and car accidents, and many people do find themselves in a difficult situation, left with either bodily injuries and/or property damage as a result of another driver. The most important thing after a hit and run is to receive all proper medical treatments. Then, contact the nearest police department and request for a report to be filed. If you can recollect a description of the driver, vehicle, and/or license plate this can all be used to help the police and attorneys find the driver(s) responsible for the damage.

Many times, drivers find that their insurance plans do not cover hit and run accidents, therefore if you are offered the option to include this in your coverage, it is always safe to do so. However, it is also important to contact an experienced car accident attorney right away following the hit and run. Insurance companies are trained to keep as much money within the company and you may need an attorney to fight for you.

If you or a loved one has been involved in a hit and run car accident, please contact the Law Offices of Ledger & Associates. We have experienced attorneys who can give you a free consultation. Please call (800) 300-0001 or visit the website at www.Ledgerlaw.com

Tags: , , , , , , , , , , , ,
Posted in Auto Accident Lawyer | No Comments »

Three Areas to Watch For to Avoid a Car Accident

Wednesday, July 7th, 2010

The high-flying action and thrilling chase scenes that we so avidly engross ourselves in masterful productions of various Hollywood studios often reveal reckless driving and unsafe roadway behaviors. Often, it seems inevitable that scenes like these would cause accidents on the freeways as drivers may not have enough time to respond to the oncoming set of circumstances in an unsafe environment. Ironically though, the most common places that the majority of day-to-day accidents do not take place on the freeway. In fact, the majority of car accidents take place in very unsuspecting areas…

Recent studies have compiled data that conclude 52% of all car accidents happen within 5 miles of your home. This staggering number reveals that drivers, who travel to and from home on average of 2-3 times a day, are very comfortable with their neighborhood and often let their guard down as they near their residences. As a result, more than half of all motor vehicle accidents occur when drivers are near, or around their homes. Although all vehicle collisions are serious, residential car collisions could not only injure the drivers and/or passenger(s), but also hit small children or pedestrians who may have been near the site of the accident right before it happened. California car accident attorney Emery Ledger has dealt with thousands of car accident cases and knows how complicated the matter can amount to. In this instance, it is best to immediately contact an attorney who is experienced in car accident and traffic accident cases to protect you from unknown legalities while helping you to recover the most for any damages.

The second most common area for car accidents is parking lots. It is not uncommon for two cars to be backing out of oppositely positioned parking spots, or for a speeding car to swerve around a corner and hit an oncoming vehicle. These are all familiar situations that could be avoided if there were safer precautions taken by all drivers. Fortunately, parking lot car accidents usually occur at low impacted speeds, minimizing bodily and property damages; however, drivers usually sustain soft tissue injuries. Regardless of how, when, or where the accident may have occurred, it is always safest to consult a car accident attorney following the incident.

Following suit, the third most common place for car accidents is on surface streets. Millions of drivers use surface streets on their way to and from work, the bank, and the grocery market. Inevitably, a car accident is bound to occur, and many times it may not be your fault. You may simply find yourself the victim of another driver’s behavior. Many times, those impacted in a car accident may sustain serious bodily injuries and may require medical attention. You should not be force to pay for these expenses out of pocket, especially when you are not at fault.

We understand that being in a car accident is stressful and we want to help you focus on you recover quickly. If you would like to consult a personal injury lawyer regarding your case please contact a professional car accident lawyer from the Offices of Ledger & Associates for more information. Please give us a call at 1-800-300-0001 or visit the website at www.ledgerlaw.com.

Tags: , , , , , , , , , , , , , , ,
Posted in Auto Accident Lawyer | No Comments »