California Personal Injury and Insurance Blog

FAQ: Can I make them pay for my car?

Q: I was involved in a car accident. The other person's insurance company wants to wait 15 to 20 days to get the police report before they pay. What can I do?

A: Your options:

A - Have your insurance company fix it under your collision coverage;

B - Wait 15 to 20 days for the police report;

C - File a small claims court case against the other driver.

FAQ: Can I get a second opinion?

Q: My attorney is telling me to settle my case. I don't want to. What can I do?

A: You should either pay for a consultation with another attorney or you should talk to your attorney about your case more.  However, if talking with your attorney does not satisfy you, then you should probably get a copy of your file and pay for a consultation with another attorney.

Make sure you are protected before a loss

It is fire season, at least in California. And the fires are already starting. The Angora Fire in the Sierra Nevada mountains has burned over 2,500 acres and 200 homes. After a fire like this, you need to call your agent. But there are things you can do BEFORE a loss to make sure you are protected after a claim.

1. Videotape the inside of your house - twice. Keep one copy in your house and put one in the bank safe deposit box. While videotaping, walk around the house and describe what you are taping, including what the item is, when you bought it, where you bought it and how much it cost. Example: "This is a 32" LCD tv I bought at Costco for $800 in 2006." This will provide documentation to the insurance adjuster after a loss.
2. Save receipts for big ticket items. No one expects you to have receipts for socks and shoes, but if you bought a $500 item, make sure you save the receipt. Your insurance company will want to see these after a big claim.
3. Make sure your premium is paid. Even if your mortgage company pays it, make sure that they have paid it when it is due.
4. Double check the amount of coverage. Call around to other agents and ask for quotes. You do not want to pick the insurance company that values the house at the lowest price as this will give you the least amount of coverage.
5. If you have special property like a wedding ring or collectibles, make sure these are separately insured. Ask your agent to "schedule" the items.
6. Review your coverage every year. If you have had major changes like an addition, make sure your insurance is changed to reflect this.
7. Keep a clear space around your property, especially if you live in fire prone areas. This will help you prevent a loss.
8. Keep a copy of your insurance agent's card with you if you are traveling. You do not want a call from a friend or neighbor that your house has burned down and you cannot get in touch with anyone. The key to getting a claim paid quickly is to report it quickly. A delay of a few days can put you much further down the list.

These tips will help you before you suffer a loss. No one wants to be the one who has fire damage, water damage or a major theft. But, if you follow these eight tips, once a loss occurs you will be able to get back on your feet quickly.

The New Commandments

The Vatican has now issued 10 commandments for driving. Some of them are interesting, some not so interesting.  I figure if they can take a shot at it, why can't I? I have probably seen more car crashes than everyone at the Vatican combined. So, here goes:

The California Personal Injury and Insurance Blog 10 Commandments of Driving:

1. Thou shall not speed;
2. Thou shall stop to assist broken down motorists or motorists involved in a car accident;
3. Thou shall keep thine vehicle in YOUR lane;
4. Thou shall obey all traffic signals and signs;
5. Thou shall not give anyone "the bird" or show other signs of aggression at other drivers;
6. Thou shall yield the right of way;
7. Thou shall keep thine eyes on the road;
8. Thou shall not read, put on make up or shave while driving;
9. Thou shall use turn signals;
10. THOU SHALL NOT DRINK AND DRIVE!!!!

10 simple rules that will keep you, and everyone around you, safer in the car.

The Yellow Pages and Hiring an Attorney

A lot of people go to the yellow pages to hire an attorney. After all, where else can you find such a comprehensive list of attorneys looking for work? Okay, you may be able to find such a list on the internet, but with the yellow pages, you know they are all in your area, right?

Well, maybe. There are some attorneys who get a local phone number and even an executive suite in a town and don't maintain a presence. But, this is maybe 10% of the attorneys. So, most of the attorneys are probably still close.

But, the yellow pages is not a great way to find an attorney. Why? Because the size of the ad, the colors, the words means absolutely nothing when it comes to whether the attorney can represent you and whether the attorney has any idea what he or she is doing. A fancy yellow pages ad costs money.

So, you think someone who takes out an ad has lots of money to pay for it, right? Maybe. Maybe they are paying for it with credit. Maybe they are paying for it with their settlements, but not paying anything else. Maybe they aren't even paying for it!

Before you hire an attorney for a car crash or personal injury case, make sure you hire the right attorney. Email me for my free report on 10 ways to avoid the wrong personal injury attorney for your case.

FAQ: What do I do after a hit and run?

Q: I was hit by a car and they left the scene. I have the license plate. What do I do?

A: Step by step instructions:

1. Call back the police and file a report.
2. Fill out an SR-1 with DMV.
3. Report it to your insurance company.
4. Get an estimate.
5. Have your insurance company fix your car under your collision coverage.
6. If you have uninsured motorist property damage, that will reimburse your deductible assuming you follow these steps.
7. Tell your insurance company to submit an SR-19.
8. Your rates cannot go up unless you are either at fault or receive a point. So as long as you are not at fault, do not worry about reporting it to your insurance company.

Good luck

Wear your seatbelt, even if pro athletes do not

I posted a while ago about NJ's governor getting in a car crash and not wearing his seatbelt. Well, apparently there is something in the water in NJ (and I can say that, having been born there).

A Denver Nuggets basketball player got in a car crash recently. His friend, riding in the passenger's seat, died. And, guess what? Yep, no seat belts again.

Apparently, the lesson has not been learned: if you do not wear your seat belt and you are in a car crash, you will be injured or die. Simple. If you wear your seat belt, you have a much better chance of surviving.

Please, please, please wear your seat belt.

Customized car?

My favorite insurance broker, Jacqueline Doench, sent me her newsletter. In it, there is a short, but important article.

If you have a customized car or you made after market additions to your car, these may not be covered by your comprehensive or collision coverage. You may need to add coverage for things like:

• rims;
• tires;
• tinted windows;
• custom paint;
• lifting or lowering kits;
• engine modifications;
• custom stereo set ups.

Make sure you talk to your agent about this. (Or, better yet, call Jacqueline and let her give you a quote!)

More on tort reform hypocrits

It is rare that I just tell you to go read something else. But, go read someplace else.

My good friend Robert Kraft, one of the best trial lawyer around, has a great article on his website about tort reform hypocrits. It is worth the read.

Also, remember to read his blog, PISSD.

There is some great information from my good friend.

Judge Bork Seeks Punitive Damages

Ah, the joy of the tort deform movement is that they only want to change the system until they need it. Judge Bork, a former Supreme Court nominee, was a fan of tort reform. He actually wrote that "The present tort system poses dangers to interstate commerce...."

Apparently, however, it is not such a danger that he cannot recover money. Judge Bork has sued the Yale Club of NY for $1,000,000 plus punitive damages.

Let me give you an analogy. I think representing drug dealers is bad. Sure, they are entitled to a defense, but I don't want to be their attorney. I could make money representing drug dealers. But, alas I choose to stick to my position that it is bad.

Judge Bork  apparently thinks the tort system is bad. However, he sees an opportunity to not just recover his medical bills, but also pain and suffering AND punitive damages. Punitive damages just go right in to his pocket. So, apparetly, the system is bad when it is used by citizens to recover damages but it is good when it helps Judge Bork.

Ah, the fallacy of the tort reform system.