California Personal Injury and Insurance Blog

I want you!

I want you! Actually, I want you to help me, but I am willing to offer something in return. Since we all know that you don't get things for free, you help me and I will help you.

Here's what you'll get. You will get a free review of your auto insurance. This alone is a $400 value. Since I am a generous guy, I am going to give you more. I will enter your name into a drawing for a really cool $50 VISA gift card that you can use anywhere VISA is accepted. I have one of these to give away.

So now that you know the prize - here's what I am asking in return. For every person you get to sign up for my newsletter, you get one entry in the drawing. If you get 10 people to sign up, that is 10 entries. I am providing you with with this link for them to sign up: 

Subscribe to the Law Offices of Jonathan G Stein mailing list.

After subscribing, make sure they email me at this new account with your name, your email address, their name and their email address so I can put you in the drawing. After all, if I do not know who referred them, then I cannot pick your name as my winner!

I want to be perfectly clear one on point: I am not looking for you to refer me new cases for this drawing. you refer me a new case, I appreciate it, but your name will not be entered into the drawing for that. The drawing will be held on June 13. I will announce the winners here and send you a private email. I want to have to increase my capacity for this service.

DISCLAIMER: One free entry per person by emailing me. (Its the law, you know!)

Go to the Doctor After A Car Accident!

I have had quite a few people call me lately wanting to talk to me about their car accident that is 2 or 3 months old. I ask them about medical treatment and I get the same response: I haven't been to the doctor yet.

As I wrote in my report, "10 Fatal Mistakes In Filing An Auto Insurance Claim:"

Even if you are not sure if you are hurt, go to the doctor. Let them examine you. It could take a few days or weeks for you to feel pain. Once you do, go to the doctor. If your airbags went off, go right away. The powder from the airbags can cause small burns.

Most insurance companies will only consider treatment if it occurs within 4 to 6 weeks of the accident. If you wait longer than that, most insurance companies will argue that the injury is not accident related. And, juries usually agree. Jurors want to see that you treated within days or weeks after an accident, not months. As the time grows between the auto accident and the treatment, it becomes harder to prove your case.    

Prior Results Mean NOTHING!

In my report on hiring an attorney, my first point is very important, especially these days. Prior results mean nothing. As I say in my report "

A lot of attorneys like to tell you about their other cases. However, your case is different. Each case has its own facts. Just because they got someone else millions of dollars does not mean that your case is worth that, or that they will get you that result"

Why does this matter? Let me give a few examples.

1. Client is injured with $6,000 in medical bills. The case settles for $15,000. Is that a good settlement? Maybe. But maybe the defendant only had a $15,000 insurance policy and the insurance company settled because the possibility of a jury verdict over $15,000 convinced them to pay money now.
2. Case settles for $1,000,000. Is that a good settlement? Maybe. But maybe the person had $1,000,000 in medical bills. Maybe the case was worth $3,000,000 but the attorney was afraid to try it or had no experience in settling large value cases. Then the settlement may not be so good.

My point is simple: finding out that someone got $1,000,000 on a particular case may or may not be instructive of the quality of the attorney. There are a thousand other factors to consider. Thankfully, most of this information can be learned fairly easily, including checking Avvo, an independent attorney rating website.

For more on hiring an attorney, email me at hiringatty@jonathangstein.com for your free report.

Multiple Policies on 1 Car

This has come up a few times lately in my personal injury cases so I thought I would discuss it with you. Here is the scenario: Bob is driving his Aunt Sally's car. Bob is 25 and has an insurance policy. Sally is 43 and has an insurance policy as well. If Bob rear ends Paul, which policy pays for Paul's personal injury damages?

This is an interesting question and one which doesn't have an easy answer. (And one which most attorneys do not know the answer to!) The first answer is to read the policy. Most policies will have a provision explaining what happens when there is more than 1 policy in effect. The options are simple:

1. A policy may say that it is primary. This policy will pay first up to the policy limit.
2. A policy may say that it is excess. This policy will pay only after the other policy pays.
3. A policy may say that it shares on a pro-rata basis. This means that each policy pays based on its share of the limits. A few examples:

A. If each policy has a $100,000 policy limit, than each policy pays 50% of the claim.
B. If Bob's policy is $50,000 and Sally's policy is $100,000, then Bob's policy pays 1/3 of the claim and Sally's policy pays 2/3 of the claim.
C. If Bob's policy is $300,000 and Sally's policy is $100,000, then Bob's policy pays 75% and Sally's policy pays 25%.

When you are driving a friend's car, or a friend is driving your car, is pays to see which policy is going to pay for the damages if someone is involved in an accident.

Slightly Off Topic - A&W Root Beer

Why am I writing about A&W Root Beer? Because we are in a recession. And the government isn't doing us much to get out of the recession. So, A&W is trying to do something this weekend. I thought I would mix it up a bit today.

Today, in my mail, I had an overnight package. It came from A&W. Yes, that A&W. Apparently, A&W knows about my blog, which you can find here! And so they sent me a letter and some "stuff." The stuff first:

1. An A&W 90th Anniversary T-shirt;
2. An A&W 90th Anniversary Mug; and
3. An A&W 90th Anniversary Book.

The t-shirt is brown. I understand brown is the new black. And a free mug? This isn't one of those cheap plastic mugs. This is a good glass mug that is good for drinking a cold root beer! And the book is a real book. Quite cool. For instance, I learned that A&W was started just down the freeway in Lodi, CA.

Back on track: A&W wanted me to spread the word. What word? Three cool things:

1. Friday, June 19 from 2 to 8pm you can get a free A&W Root Beer Float.
2. Saturday, June 20, a national cruise night at participating restaurants. Okay, if I had a classic car that would be sweet!
3. Sunday, June 21 is Fathers Day and you can treat your dad to an A&W Papa Burger for 90 cents.

WOO HOO! I will be getting my root beer float tomorrow!

Why am I writing about A&W Root Beer? Because we are in a recession. And the government isn't doing us much to get out of the recession. So, A&W is trying to do something this weekend. I thought I would mix it up a bit today.

Today, in my mail, I had an overnight package. It came from A&W. Yes, that A&W. Apparently, A&W knows about my blog, which you can find here! And so they sent me a letter and some "stuff." The stuff first:

1. An A&W 90th Anniversary T-shirt;
2. An A&W 90th Anniversary Mug; and
3. An A&W 90th Anniversary Book.

The t-shirt is brown. I understand brown is the new black. And a free mug? This isn't one of those cheap plastic mugs. This is a good glass mug that is good for drinking a cold root beer! And the book is a real book. Quite cool. For instance, I learned that A&W was started just down the freeway in Lodi, CA.

Back on track: A&W wanted me to spread the word. What word? Three cool things:

1. Friday, June 19 from 2 to 8pm you can get a free A&W Root Beer Float.
2. Saturday, June 20, a national cruise night at participating restaurants. Okay, if I had a classic car that would be sweet!
3. Sunday, June 21 is Fathers Day and you can treat your dad to an A&W Papa Burger for 90 cents.

WOO HOO! I will be getting my root beer float tomorrow!

What is used to determine your medical bills?

This is an important question. Why? Because your medical bills are part of the settlement of your case. When you are injured, you are entitled to recover your medical bills, both past and future, as well as your pain and suffering.

This should be relatively straightforward, right? After all, add up your medical bills and you have your number. At least, that is what most of us would do. But, in law, there is more to it.

Plaintiff's attorneys, people who represent the injured party, take the side that most of you take: it is the amount of the medical bills. Insurance companies believe that your medical bills are actually only the amount paid by your health insurance, Medi-cal or Medi-Care. In other words, the insurance companies want to pay as little as possible. Is anyone really surprised? Probably not!

If you are injured, you need to demand payment in full for your medical bills. Do not let them reduce the bills down to the amount paid. There is no authority in the law for them to do this, especially if you have private insurance. If they refuse, you should talk to an attorney.

FAQ: Homeowners and Auto Insurance Together?

Q: I have auto and homeowners insurance. Do they need to be with the same insurance company?

A: Need to be? No. Should they be? Yes. Done. Oh wait, you want an explanation too, right? Okay, that is where it gets interesting.

There are some "gaps" in insurance coverage. For example, what if you have a very expensive car seat in your car that is also used as a stroller? If it is stolen, which policy covers it? If you have auto insurance with company A, they will tell you that it is not part of the car and not covered. If you have homeowners insurance with company B, they will tell you it is for the car and not covered. But, if you have auto insurance and homeowners insurance with company A, then it will be covered.

Granted, there are not a lot of times when this comes up, but when it does, it is important to make sure you have the most coverage available to you. Not only do you get a discount from most insurers, but you also get peace of mind in knowing that you have the maximum coverage available.

What makes a trial lawyer?

This is always a fascinating argument. Here is the debate out of Memphis, TN from my friend James Ferrell.

This is simple from my perspective. First, if you want to call yourself a trial attorney, you need to try cases. That is what people think of when they think of trial attorneys. They think of an attorney who is in court.

Second, if you are looking to hire an attorney, you want a trial attorney. Why? Because that person will get more respect from the insurance companies. They know that an attorney who tries these cases will cost them more money. And they know they can, and often do, lose. Additionally, the insurance company knows that they do not have to make a fair offer to an attorney who does not try cases because there is no downside to them. They know he will settle the case at some point.

A trial attorney: someone who actually tries cases. And that is who you want on your side if you have been involved in a car accident.       

Driving Pet Peeves

Okay, I found this in my newspaper this morning and had to share it. Tony Bizjak, the "Back Seat Driver," presents his list of top 10 pet peeves.  The #1 pet peeve - people who use their cell phone without a hands free unit.

I would come up with my own list, but Tony is right. Tailgating, cutting people off, running red lights, are all on my list too. Oh, and people who do not pay attention. I don't understand that. I saw three accidents in the last 4 days when people rear ended the car in front of them, who was stopped for several minutes. It was just a case of not paying attention.

Read Tony's column and let me know your top pet peeves.

Police reports are not evidence

This is a topic that comes up often. In fact, I hear it not just from clients, but also from many insurance adjusters. They tell me that the police report is admissible evidence that my client did something wrong.

The simple fact is that the police report itself is not evidence. A jury will never see the police report. The jury can hear about the investigation. The jury can hear what the police officer saw or heard. But the jury will never see the report or hear the officer's conclusions.

Why? First, the police report is hearsay. It is an out of court statement. It is not admissible for that reason. But, beyond that, the California Evidence Code specifically excludes the police report. Therefore, the report never makes it to the jury and the jury never hears what the officer determined.

The question of fault is a question for the jury to decide. So, while important, the police report is not the final determination of who caused an accident.

Loss of Consortium

Sometimes people ask me about filing a loss of consortium claim. Well, that is not how they put it, but that is what it is called. They ask about a claim for the spouse of the injured person. And they want to know if they can make a claim and what is involved.

We can start easy. Can you make a claim? Yes, but only if you are married. If you are dating, engaged or "seeing each other," then you do not have a loss of consortium claim in California. California limits loss of consortium claims to a married couple.

Now, what is involved? That is more complex. In California, loss of consortium is the loss of spousal services. So, if your spouse cooks, cleans and does the laundry, you can recover for that. If your spouse cuts the grass, trims the bushes and fixes the car, you can recover for that. In general, you can recover for the loss of whatever your spouse normally did but cannot do as a result of the collision.

Talk to your attorney about a loss of consortium claim. These are tricky claims and require an experienced attorney to review and value.