California Personal Injury and Insurance Blog

Hire an attorney with trial experience

I have talked about this before. It is extremely important to make sure you hire an attorney with trial experience.

Why? Well, as you can see from this article, there are a lot of attorneys with no trial experience. Trial experience is one of the things insurance companies look at when making offers. The adjusters know who does, and who does not, go to trial and the same case with an attorney with no trial experience is worth less.

How do you find out if your attorney has trial experience? Ask him or her. It is one thing to file a lawsuit, but arguing a case in front of a jury is a completely different experience. Make sure your attorney has this experience.

Top 10 Traffic Offenses in Sacramento County

I was wondering what most people get pulled over for. I had a rough idea based on the calls that come in to my office: speeding, DUI, running a red light. But, then I came across something more official. This only applies to Sacramento County, but it probably holds true across the state. Here are the top 10 traffic offenses in Sacramento:

1. Driving faster than 65mph on the freeway;
2. Driving faster than the California Basic Speed Law (which says that you cannot drive faster than is safe for conditions, regardless of the speed limit);
3. Running a red light;
4. Running a stop sign;
5. Failure to wear a seat belt;
6. Driving alone in the car pool lane;
7. Driving without a license;
8. Driving on a suspended or revoksed license;
9. No proof of valid insurance;
10. DUI.

The fines on these fun from $99 for not wearing your seat belt (which should be much higher, in my opinion) to $711 for not having proof of insurance to $1,985 for DUI. And that is just the fines to the court. Traffic school, attorneys fees, higher insurance: those go on top of these fees.

Especially during the holiday season, drive safely. You will save yourself some money and may save your life.

Traffic Tickets and Fines

Have you ever wondered how much that traffic ticket you got is going to cost you? Do you hate the surprise of waiting for it to come in the mail?

Well, I have a solution. It is not a perfect solution, but it is pretty good. Go to this website and you can look at the bail schedule. It will prepare you for what you have to pay.

Remember, if you elect traffic school, you have to pay the fine PLUS the traffic school fees. Online traffic school is usually less expensive and you can get the certificate sent pretty quickly. That makes it great for those of you who procrastinate on this. (Don't worry - we all do it.)

Oh, and remember, traffic school will keep the point off of your record so your insurance rates will not go up.

Holiday Safe Driving Tips

First, I want to wish everyone a Happy Thanksgiving. Please be safe.

Second, for those of you driving, I want to give you my top 10 list, if you will, of safe driving tips this holiday season.

1. Do NOT drink and drive. In California, the legal limit is .08.

2. Buckle up.

3. Pay attention.

4. Do not speed. Speed is deadly and causes many accidents.

5. Do not ignore stop signs and red lights. This is something so simple, but causes so many accidents. Stop when the light is red.

6. Avoid the blind spots of big rigs. Use your lights when you are near big rigs, even during the day.

7. Slow down at night.

8. Plan your trip. Make sure you know where you are going and you have a map or directions.

9. Read the rules of other states. If you are going to drive in another state, make sure you know their laws. Some states have differences and you need to be aware of these.

10. Avoid potential road rage situations.

Have a safe and happy holiday!

Read your policy

Yes, today's topic is to read! That is it. Just read. You have a four day weekend coming up and I think you should spend an hour reading.

Okay, not just any reading, but read your policy. I am surprised at the number of times people call me and have not read their policy. Sure, I know most of what it says, but there are some really odd policies out there. For instance, did you know that if you own a dog, some insurance companies will not pay for a dog bite. Now, how helpful is that? Of course, if you don't know this, you don't know how useful your insurance policy is going to be when you need it.

I know it is boring. But spend some time reading your policy. See what is covered, what is not covered, and figure out whether your policy is useful!

FAQ: Uninsured motorist coverage and waivers

Q: I do not want uninsured motorist coverage. What do I have to do?

A: You MUST waive uninsured motorist coverage in writing. The law requires that every insurer offer you uninsured motorist coverage. If you do not want it, the legislature requires that you take steps to show everyone you don't want it - and that means you must sign a form agreeing that you do not want it.

As I have said before, uninsured motorist is one of the most important coverages you can buy. You should never sign the waiver and pay the extra few dollars to get this valuable coverage.

Recommendation for insurance broker

I always tell you to shop around for insurance. Well, a few people have asked me who I use. I thought I would let everyone know.

My broker is Jacqueline Doench at Warren Bender and Co. Her number is 916 973 3748. She is fantastic, and I don't say that often about insurance people. Give her a call and tell her I said hi.

No More Runners in DC

Some of you must be thinking that they got rid of the DC marathon or something. Wait, did they ever have a marathon in DC? Anyway, no, you are still allowed to run in DC. But, you cannot be a runner. Confused?

Running is an insurance and legal term that means some guy who goes and tracks down police reports and accident victims and then cold calls the people as a way to get clients for an attorney. Sounds like a nice job, doesn't it? It is ILLEGAL in California. If you are approached by a runner, you should report the person. And, do not hire an attorney who uses a runner to get you as a client.

Well, up until recently, it was legal in DC. And, to the best of my knowledge, it was the last place it was legal. But, thanks to Ben Glass for letting me know it is no longer legal there either. This is a despicable practice that should have ended around the turn of the century (I mean the 20th, not the 21st). However, it appears dead now, and that is a good thing.

Myth: Adjusters are your friend

I just read this on Ben Glass' Northern Virginia Injury Board website. Ben is among the best of the best in terms of personal injury lawyers. He is known nationally and is a great guy.

That being said, people often tell me that the adjuster seemed so nice and like a friend. And, the good adjusters will seem nice. Why? Because they don't want to pay you full value for your case. If they are mean, you will go get an attorney. If you are nice, you are less likely to do so.

Proof that adjuster's are not your friend? Read this article from Ben's blog. An adjuster from Nationwide insurance made some not so nice remarks about an attorney. Now, I may not like every adjuster I deal with, and it is common to run into issues since it is an adversarial system, but you will not catch me talking bad about an adjuster. Why? It is unprofessional. However, some adjuster's dont mind talking bad about attorneys.

FAQ: Does being sued hurt you?

Q: I caused an accident and my insurance company did not settle. Is being sued going to affect me?

A: Maybe. Is it going to affect your day to day life? Probably not. Here are a few ways it can affect you. First, you may have to be deposed (answer questions under oath) and that may take a few hours. Second, you will have to answer written questions sent to you (interrogatories) and that may take a few hours. Third, if there is an arbitration, your presence may be required and that can be a half day or a full day. Fourth, you may end up in a trial and that may cause you to miss a week or so from your regular activities. Oh, and no one pays you for this time.

However, what if you are sued and you want to buy a new house or apply for credit? Most credit applications require that you disclose that you have been sued. You should ask the attorney who is defending you for a letter explaining the circumstances, that you have insurance, and that they will pay a judgment against you. This is a pretty simple letter and it will go a long way to helping you avoid problems. Your attorney should have no problem giving this to you.