Posts Tagged ‘liability’

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.

California Airplane Accident Lawyer Discusses the Role of Your Lawyer in an Airplane Accident Case

Friday, June 25th, 2010

If you have been involved in an airplane accident and are considering hiring a lawyer to represent you, you may be wondering exactly what role they will play in your case. Lawyers wear many hats in personal injury cases. They are your advocate, your voice and your protector all at the same time. A lawyer’s job starts the moment you retain their services and will take on many forms throughout your case. So what should you expect from your California airplane accident lawyer?

First and foremost you can expect that they will be your voice from the moment your leave their office. This can be invaluable. When you have been injured in an airplane accident, the last thing you want to do is to talk to the press or an insurance agent. Reporters are likely to want an interview as airplane accidents are newsworthy. Insurance agents will call – often within a few days after the accident – trying to “get your side of the story”. They will offer you a token settlement to try and get you to release their client from any and all liability for your injuries. Victims of an airplane accident are frequently both physically and mentally injured after the trauma of the accident and should not have to talk to anyone. This is where your lawyer comes in. Once you have retained counsel, you do not have to worry about talking to anyone. In fact, all you have to do is refer people to your lawyer and let him do the talking for you.

Your California airplane accident lawyer will also do everything he can to protect you so that you can concentrate on healing. If you are having problems finding adequate medical services, talk to your lawyer and he may be able to refer you to doctors that are willing to work with you. If you are in jeopardy of losing your job, or have lost consider wages due to the accident, your lawyer may be able to help you protect your job or at least get you compensation for the money you have lost due to your inability to work.

Most of all, your California airplane accident lawyer will advocate on your behalf at all stages of your case. He will start working on your case as soon as you leave his office and not stop until you receive the compensation you are entitled to. Your experienced California airplane accident lawyer understands the laws of negligence and how they apply in California. He knows who may be responsible for your injuries and how to hold them responsible. Most importantly, he knows what compensation you are entitled to as a result of the injuries you suffered and will fight to make sure that you receive it.

If you would like to learn more about the role of a California airplane accident lawyer, or would like a free detailed evaluation of your case, please call experienced California airplane accident lawyer Emery Ledger of Ledger & Associates at his toll-free number 1-800-300-0001 or visit his website at www.ledgerlaw.com.

California Wrongful Death Attorney Says Nothing Replaces The Loss of a Child

Monday, May 17th, 2010

The birth of a child is one of the most amazing and exciting moments of a parent’s life. After months, or years, of preparation and anticipation you are finally a parent. Every parent’s imagines the future that they will share with their child. No parent imagines that they will outlive their child – much less that their child will be taken from them before they reach adulthood. Losing a child is like having your life taken from you. If you have experienced this profound loss, and you feel that someone was responsible for the loss, then you may be able to file a wrongful death lawsuit.

Not surprisingly, accidents are the number one cause of death for children under the age of 18 years old. Clearly, accidents do happen where no one is to blame – where they simply could not have been prevented. Unfortunately though, many times the accident was actually the result of someone’s negligence. Deaths that are the result of car or aviation accidents are frequently the result of negligence. Other common examples are swimming pool accidents, failure to supervise accidents or product liability deaths. Anytime that a person, or company did not use the care that the law requires to protect your child from harm, they are potentially responsible under the theory of negligence and therefore may be sued under a wrongful death lawsuit in the State of California, says California wrongful death attorney Emery Ledger & Ledger & Associates.

No one is implying that it is possible to put a monetary value on the life of a child from a parent’s perspective. Most parents would tell you that their child is priceless. While the result of a wrongful death lawsuit is monetary compensation, it also accomplishes something else – it makes the person, or entity, that was to blame for your child’s accident face up to the responsibility. A wrongful death lawsuit cannot turn back the clock and bring your child back, but it may make a difference for other children in the future. It may force someone to be more careful in the future or force a company to change unsafe practices. Sadly, sometimes it takes a lawsuit for a company to recognize that it is putting people – especially children – in harms way.

If you have suffered the loss of a child, nothing can take away the pain you are going through, but if someone else was responsible for the accident that took the life of your child you may want to consider filing a wrongful death lawsuit. Contact an experienced California wrongful death attorney to find out more about filing as a claimant in a wrongful death lawsuit and holding the person or persons responsible for the death of your child accountable for their negligence. The team at Ledger & Associates have been handling wrongful death lawsuits in the State of California for more than a decade and will treat you will compassion and understanding during this difficult time.

Toyota Recall Attorney Discusses Possible Toyota Liability for Accidents

Wednesday, April 28th, 2010

With the list of recalled Toyota manufactured vehicles continuing to climb, the number of accidents and fatalities that may be attributed to those vehicles continues to climb as well. To date, there are close to 50 deaths and hundreds of injuries that may be caused by Toyota manufactured vehicles. As more vehicles are added to the list, and investigations continue by the United States government as well as other governments, we may find more deaths and injuries that were suffered as a result of Toyota manufactured vehicles. So what can you do if you have been in an accident and suffered injuries as a result of a vehicle that has been recalled?

Defective products, or parts, can be addressed under the laws of product liability. Sometimes, as in this case, they can also be the basis for a personal injury lawsuit, according to California personal injury attorney Emery Ledger. Personal injury lawsuits operate under the theory of negligence. In the State of California, the theory of comparative negligence is used to determine who is responsible for a car accident. Under comparative negligence, more than once person – or entity -can be at fault in an accident. Some states still use a theory of negligence known as contributory negligence wherein if you contributed at all to the accident you cannot recover anything in a lawsuit. Luckily for California residents, California does not adhere to that doctrine. As the law stands in California, if more than one person – or entity – played a part in causing the accident, then the negligence (a legal term for blame) is proportioned among the responsible parties. In the case of the defective Toyota vehicles, for instance, it could be found that the defective part in a vehicle was 75% responsible for a car accident but driver error was responsible for the other 25%. The most important thing to remember is that even if you played a part in causing the accident, if someone else is MORE responsible than you then you may still be entitled to compensation for your injuries. In the examples above, if you were responsible for the 25%, then you would still be able to recover for 75% of your damages or injuries. The bottom line is that if Toyota manufactured a defective vehicle, or part of a vehicle, and that defect caused, or contributed to an accident that caused injuries, then they can be held accountable for those injuries.

As the number of lawsuits filed against Toyota continues to climb, it may be some time before we see any of the cases settled or we see a jury award. In the meantime, if you have been injured in a car accident and you feel that a Toyota manufactured vehicle was wholly or partially to blame for your injuries, then seek the advice of an experienced California personal injury attorney. If you would like a free and confidential detailed evaluation of your Toyota recall case, please contact California Toyota recall attorney Emery Ledger at Ledger & Associates – 1-800-300-0001 or www.ledgerlaw.com.

Mendocino County Car Accident Attorney Answers Questions about Whether You Really Need a Lawyer If you Have Been in a Car Accident

Sunday, April 18th, 2010

If you have been in a recent car accident, you are undoubtedly asking yourself whether or not you really need to hire a car accident attorney to represent you in your car accident case. Surprisingly, Mendocino County car accident attorney Emery Ledger of Ledger & Associates says that you don’t always need the help of a car accident attorney. There are a few important factors to consider before deciding whether you need to hire a car accident attorney to represent you.

One of the first questions that you should ask yourself is whether or not liability was clear in the accident, says Mendocino County car accident attorney Emery Ledger of Ledger & Associates. In other words, whose fault was the accident? More importantly, if the other driver was at fault, have they and/or their insurance company admitted that they were at fault. You may believe that they were clearly at fault, but if they are not admitting fault then liability – or negligence – isn’t clear. In cases where it is not clear who was at fault, you frequently need the assistance of an experienced car accident attorney. Remember, the insurance companies spend a lot of time and money making sure that they are not paying for accidents that were not the fault of their insured’s. If, on the other hand, the accident was clearly the other driver’s fault and they have admitted as much, then you may still want to consider representing yourself.

Another issue that becomes important, according to Mendocino County car accident attorney Emery Ledger, is the amount of damages that you are asking to be compensated for in your car accident case. While the goal is to settle your claim without the need to file an actual lawsuit, sometimes filing a suit becomes necessary. If you have a file a lawsuit, the maximum dollar amount that you can recover in small claims court in Mendocino County is $7500. If you are asking for more money than that then you will have to file in Superior Court. The rules in small claims court are much more relaxed and informal and are geared toward pro se (people not represented by attorneys) defendants. If you think that you may be asking for more than $7500 you should consider hiring an experienced car accident attorney to represent you so that you can be sure all the paperwork is handled correctly. For claims that total less than $7500 you may be able to handle it yourself in small claims court.

Lastly, there is the peace of mind factor. Many people simply do not want the stress and headache of dealing with insurance companies and courts. Knowing that you have an experienced Mendocino County car accident attorney on your side can give you invaluable peace of mind. If you have a relatively simple case with clear negligence and a small dollar amount, then handling the case yourself may save you money. On the other hand, if your case is complicated or you suffered a significant amount of damages in the car accident, then you should consider hiring an experienced Mendocino County car accident attorney.

If you would like a confidential and free detailed evaluation of your Mendocino County car accident case, please make an appointment with Mendocino County car accident attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or www.ledgerlaw.com

Car Accident Attorney Answers the Question Whether You Can Recover for Damages in a Car Accident If You Did Not Have Insurance

Friday, April 16th, 2010

Almost all states requirement drivers to show proof of financial responsibility in order to legally drive on their roadways. California is no exception to that rule. California Insurance Code §11580.1b sets out the minimum liability insurance requirements for private passenger vehicles as follows: $15,000 for injury/death to one person; $30,000 for injury/death to more than one person; and $5,000 for damage to property. Despite these legal requirements, many people drive without liability insurance. It may be that their insurance has lapsed due to an oversight or possibly because they simply couldn’t afford to pay for it. Regardless of the reason, San Diego car accident attorney Emery Ledger is frequently asked what happens if someone is injured in an accident that was not their fault but they did not have the legally required liability insurance.

The California legislature and courts debated that issue for years before reaching a conclusion back in 1996. Proposition 213 finally decided the issue in somewhat of a compromise between the two sides. Proposition 213 essentially says that if you are the victim in a car accident wherein you were not at fault, but were driving without the legally required liability coverage, then you are still entitled to recover economic damages from the car accident, according to San Diego car accident attorney Emery Ledger of Ledger & Associates. You may not, however, recover non-economic damages. Non-economic damages are what most people think of as pain and suffering. What this means, in most cases, is that you can recover the cost of your medical care, property damage to your vehicle, lost time from work and other out of pocket expenses. You will not be able to get additional money for any emotional toll that the accident took on you. There are additional provisions under Proposition for special circumstances such as when one of the drivers was driving under the influence or when one of the drivers was in the commission of a felony but the above applies to the majority of uninsured situations.

While there may be other penalties that impact your driver’s license, the bottom line is that if you were injured in a car accident and you were not at fault then you may still be able to recover compensation for the injuries you have suffered. As you may know, those damages alone can add up rather quickly and you should not have to shoulder the financial burden of paying for them if you were not at fault in the car accident. If you have been in a car accident, then don’t be afraid to contact an experienced San Diego car accident attorney to discuss your specific case. Emery Ledger, of Ledger & Associates has been practicing personal injury litigation for over twelve years in the San Diego area and would be happy to offer you a free detailed evaluation of your car accident case. He can be reached at his office at 1-800-300-0001 or you can visit him online at www.ledgerlaw.com.

Riverside Car Accident Attorney Explains the Role of Your Car Accident Attorney

Thursday, April 15th, 2010

If you have been in a car accident recently, you have probably been given advice from everyone you know – and maybe even people you don’t know – about hiring an attorney. You may not have made up your mind yet whether you even need an attorney. A car accident can cause upheaval in every aspect of your life and having to make legal decisions shortly after an accident can be even more frustrating and confusing. According to Riverside car accident attorney Emery Ledger of Ledger & Associates, there are times when you can handle you own car accident case, but more times than not, the benefits of hiring a car accident attorney are well worth the coast. So what are the benefits of hiring a car accident attorney and what can you expect from one once you have hired him?

Probably the most important thing that you will receive from your car accident attorney is advice and guidance. Even a small car accident can be frustrating, confusing and throw your entire life into disarray. If you were seriously injured in a car accident, then you may be unable to do many of the things that need to be done after a car accident. Your car accident attorney should take charge from the moment that you retain him and give you advice and guidance on the steps you need to take to begin the journey back to a normal life again.

Once of the first thing your car accident attorney will do it to step in as your voice with the other driver’s insurance company, says Riverside car accident attorney Emery Ledger of Ledger & Associates. The last thing you need to have to worry about after a car accident is arguing with an insurance company adjuster. Your car accident attorney will be your voice throughout the entire process.

Another thing that your car accident attorney will do is to help make sure that you receive the medical treatment that you need to heal. If you did not have insurance and are having a hard time finding care for your injuries, then speak to your car accident attorney and they will be able to help you.

If your vehicle was damages and you need immediate transportation – talk to your car accident attorney. You may also be entitled to a rental car while your car is being repaired. Your car accident attorney can also guide you through the process of getting estimates and repairs done on your vehicle.

Once you and your car are on the way to recovery, your car accident attorney will begin the process of investigating your case. Sometimes this is a simple process as liability was clear. Other times, the investigation may take weeks or even months before it is complete, says Riverside car accident attorney Emery Ledger. Occasionally, your car accident attorney must hire experts to analyze crash reports or medical reports. This is one huge advantage to having a car accident attorney on your side – they have access to more experts and investigators than the average person.

Finally, your car accident attorney will demand a settlement amount from the other party after consultation with you. If you are able to reach an out of court settlement, then your case is over. If not, and you have to go to trial, then you will really be thankful that you have your car accident attorney by your side. Only an experienced car accident attorney knows how to fight for you and win in an actual court.

If you have been in a Riverside car accident and would like to speak to an experienced Riverside car accident attorney, please contact Emery Ledger of Ledger & Associates at 1-800-300-0001 or www.ledgerlaw.com. He will be happy to give you a free detailed evaluation of your car accident case.