Personal Injury Podcast

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Is he really a lawyer?

What? Of course he is. Well, I am. But, how do you know if someone you are talking to is an attorney. Thanks to Terry Berger, an attorney in MD, you can go check out Is He Really A Lawyer?

Any state that has online lookup of an attorney is listed. Now you can check to make sure that an attorney is licensed. You can also check discipline records in some states.

This is a great resource for you.

FAQ: Am I responsible for my child?

Q: My child is 19. Can I be sued for anything he does?

A: Anything is a broad term. If, for example, a parent negligently gives a car to their child, they could be sued even if the child is over 18. Also, you can be sued if your child is driving a car you own and involved in a crash or walking a dog you own and it bites someone.

However, the short answer is that there are situations where a parent can be sued for acts of an adult child.

FAQ: How do I get someone's address?

Q: My car was damaged. The person left their name, but not their number. How can I find them?

A: The internet is a great resource. Go to Google and type in someone's name and you will get a hit. You can also type in a phone number and see if you can get their address. Otherwise, you should file an SR-1 with DMV. Follow that up with an SR-19 and the fee to get her address.

Men in your 30s - Drive Safely

I was reading the newest issue of Mens Health today. (By the way, if you are looking for a Fathers Day present for a man in your life, Mens Health is the way to go. If he is 18 or 88, he will learn something.

Men in their 30s have car crashes as their most common way of dying. Not a good thing. According to the Northwestern University center for public safety, men in this age are drinking an driving less, but are traveling more frequently for work and driving fast and aggressively.

Some tips to help make it to your 40s:

  • Don't rubberneck. 50 percent of fatalities are caused by driver distraction;
  • Stop driving by 2am. Up to 50 percent of fatal crashes are during the early morning;
  • Lose your temper. Road rage can kill you.

Make sure that you drive safely this Memorial Day weekend.

Getting your car repaired

I have said before, and I will say it again: you can get your car fixed anywhere you want. If you want to take your BMW to "Bob's Quickie Repairs" you can do that. If you want to take your Yugo to "Neil's Premier Auto Body" you can do that. But, does this mean the insurance company pays whatever is charged?

No. The insurance company is requird to pay reasonable repair costs. Reasonable is not $100 per hour or $1,000 per hour. Reasonable also is not $25 per hour. So, what is reasonable? Something between $25 per hour and $100 per hour, of course.

Reasonable means what the going rate is. The going rate is a range. In Sacramento, $70 to $80 per hour is reasonable. $85 may also be reasonable. Anything beyond that would require justification, like a classic car that can only be fixed by someone with special experience.

If the shop charges $100 per hour and the insurance company will only pay $75 per hour, what happens? They usually try to negotiate something. However, if that does not work, the insurance company will pay the reasonable rate. You may end up paying the difference.

Don't mistake your right to get your car fixed wherever you want with an obligation of the insurance company to pay whatever is charged.

Why you should not meet with the adjuster

I am adamant that my clients do not meet with the adjuster. Why? For a few reasons.

First, nothing good comes from you meeting with them. You are a novice. They are a professional. Would you go play a hand of poker with the World Series of Poker champ for $10,000? Probably not. So why would you go talk to someone who can beat your case?

Second, they will usually push you into either giving a recorded statement or signing an authorization. As they say on Law and Order "Anything you say can be used against you." If you give them a statement, they can trip you up. They can then use it against you. Nothing good comes from that. If you sign an authorization, they may get some damaging medical records. Or they may get private medical records. All bad outcomes.

Third, the adjuster will make a determination of the type of witness you will make: good, bad or indifferent. If the adjuster decides you make a bad witness, this will effect their evaluation of the case. You will never be able to change their mind, even if you are deposed and their attorney tells the adjuster you make a good witness. 

Nothing good comes from meeting with the adjuster. Do not do it. If an adjuster wants to meet with you, talk to an attorney. 

Insurance Companies Inspecting Fire Prone Homes

This shouldn't come as a surprise to anyone. Insurance companies are inspecting fire prone homes and may be requiring consumers to take steps to protect their homes. Some consumer groups and consumers are upset.

This is a pretty straightforward issue. Insurance companies are in the business of managing risk. For once, insurance companies have decided to provide a pro-active solution to a problem. They are providing risk management services at no cost to the consumer. I don't really have a problem with that.

Look, no one wants to suffer a loss from a fire. It is devastating, if you are insured or not. You lose things that you can never replace. If the insurance company wants to help you prevent that type of loss, why would you be upset? Sure, it may mean clearing brush or knocking down trees, but I would rather spend a day clearing brush than months trying to rebuild my life after a fire. And this comes from someone who has seen the devastation of fires.

I think the consumer groups need to back off. Yes, insurance companies are making record profits. But this is a good thing. Let the insurance companies provide this service to consumers.

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    This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Jonathan G. Stein, is licensed to practice law in the state of California only.