If you were involved in a motor-vehicle collision through no fault of your own, you may be wondering whether to file a first- or third-party claim for the resulting property damage. Because California is a fault state in regard to auto accidents, you might be inclined to opt for the latter and bring the claim against the liable party’s insurer. It's reasonable to assume that filing a third-party claim has advantages. You won’t have to cover the deductible, for example. Also, you may already … [Read more...]
When Might Uninsured Motorist Coverage Apply?
Because California is a tort state, negligent drivers are financially accountable for the damages they cause in accidents. The victims of these accidents usually seek compensation by bringing a third-party claim against the insurance company of the liable party. California requires passenger-vehicle motorists to carry liability insurance for both bodily injury and property damage. That doesn’t mean, however, that all drivers maintain an active policy. For this reason, it is advisable to … [Read more...]
Statute of Limitations for Car Accident Lawsuits in California
Like most states, California follows a fault system when it comes to car accident claims. Under this system, accident victims can bring a claim against the liable party rather than bringing a claim against their own no-fault insurance. In most cases, the claim is brought against the liable party’s insurance company. Unfortunately, insurance providers have the incentive to deny or undervalue claims whenever possible. If no settlement can be reached through correspondence between the insurer … [Read more...]
Can You Sue for Punitive Damages If Defendant Was Drunk or on Drugs?
There are two categories of damages that might be available after a personal injury or wrongful death: compensatory damages and punitive damages. Compensatory damages encompass the economic and non-economic losses arising from the tort. They are awarded to make the victim(s) “whole again.” Punitive damages, however, are intended to punish the defendant and to deter similar transgressions in the future. Every successful personal injury or wrongful death case will yield some amount of … [Read more...]
8 Signs You Have a Strong Car Accident Claim
If you were injured in a car accident, there are certain elements you must be able to prove in order to recover compensation for medical bills, pain and suffering, and other damages. Even if you’re certain that someone else was responsible for the crash, there may still be weaknesses in your case that can be exploited by the insurance company to undervalue your claim or deny it outright. The easiest way to find out if your case has merit is to speak with a car accident lawyer. An attorney can … [Read more...]
Woman Dies After Loose Tire Crashes into Her SUV on 405 Freeway
A 61-year-old woman was tragically killed on the 405 Freeway in Long Beach recently when a tire came off another vehicle and smashed into the windshield of her SUV. The victim died before paramedics could arrive. Her passenger was rushed to Long Beach Memorial Medical Center. According to the California Highway Patrol, the crash occurred just after 1 p.m. when the rear-left tire of a southbound Dodge Ram pickup came loose and entered the northbound lanes. Reports indicate that the tire crushed … [Read more...]
3 FAQs About Tire Blowout Car Accident Claims
From alcohol consumption to texting to speeding, there are countless behaviors that contribute to auto accidents. But sometimes, a serious collision can occur even if none of the drivers involved was negligent. A tire blowout, for example, can happen due to a manufacturing defect, the negligence of a mechanic, poor road maintenance, or a variety of other reasons. If you were hurt or lost a member of your family in such a crash, you probably have a lot of questions: Who is liable for the … [Read more...]
Are Punitive Damages Recoverable After a Drunk Driving Accident?
If you were hurt in a car accident through no fault of your own, you may be entitled to both compensatory and punitive damages. Compensatory damages include hospital bills, lost income, pain and suffering, and other economic and non-economic damages stemming from the collision. Punitive damages are intended to punish the at-fault party and to deter similar transgressions in the future. While compensatory damages are awarded in any successful personal injury case, punitive damages are only … [Read more...]
4 FAQs About Car Accidents Caused by Poor Road Conditions
Driver errors are responsible for more than 90 percent of all car accidents in the United States. If you were hurt in a crash with a negligent motorist, you can file a claim against the at-fault individual's insurance company for any lost income, property damage, and medical bills you incurred as a result. But what if poor road conditions were to blame for the collision? Read on to learn the answers to four FAQs about car accidents caused by dangerous road conditions: 1. Who Might Be Liable for … [Read more...]
What If My Car Accident Injuries Didn’t Show Symptoms Right Away?
Some of the most common car accident injuries don’t show symptoms right away. Whiplash, soft tissue damage, and even brain trauma might not be immediately apparent to the victim. If you were hurt in a collision but your symptoms were latent, you may still be able to recover compensation for healthcare expenses, lost income, and other damages; however, it is critical that you visit a doctor as soon as possible to document your injuries. You should also speak to a personal injury attorney about … [Read more...]