Archive for Auto Accidents
Proving Your Auto Accident Case
Posted by: | CommentsIn all auto accident cases and many other cases involving personal injury, you will have to prove the following in order to be compensated for your injuries and damages:
First, you will have to prove that the adverse party (the person or company against whom you are making your claim) did something “wrong” or is somehow at fault for the accident or other injury event. This can be easy or difficult, depending on the facts and circumstances.
Second you will have to prove that the auto accident caused you injury. This is done through medical records, reports, and billls and may require testimony from your doctor.
Third, you have to prove that the care your received was reasonable in light of your injuries. For example, if you broke your arm, care would be related to that injury, but would not include treatment for you uninjured knee.
Fourth, you have to prove the cost of your care was reasonable. Thus, you can have x-rays if needed, but the cost has to be in the ballpark of what other faciilties in the area charge for the same service.
In an auto accident case, we are required to prove the above items by a preponderance of the evidence. This means we have to persuade the judge or jury at trial that the above factors are more likely true than not true. Thus, we have to prove that it is more likely true than not true, for example, that the other party was at fault. The same is true for the other items we have to prove.
If you have been in an auto accident or other injury producing event in North County San Diego, please call our office for a free consultation. We handle cases throughout San Diego COunty, but many of our cases come from La Jolla, Del Mar, Solana Beach, Cardiff, Emcinitas, Leucadia, La Costa, Carlsbad, Oceanside, Vista, San Marcos, and Escondido.
Our consultations are always free. You can call the office or send an e-amail to schedule an appointment. Feel free to call or email with any questions you may have regarding any aspect of auto accident or personal injury claims. Also, feel free to suggest a topic you would like learn more about and we will respond with a post that addresses your concerns.
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Resolving Property Damage Claims: What is Going to Happen to My Car?
Posted by: | CommentsOne of the important events that needs to happen after a collision is sorting out who is at fault and then getting the damaged vehicles repaired or replaced.
There are also issues ot towing, storage and rental cars. These must be addressed quickly as costs accrue from delay. One thing you should know is that I will resolve your property damage claim for you if you wish. Most lawyers do not offer this service because the lawyer does not get paid for working on property damage claims.
If your car is towed from the collision scene, it will be placed in a tow yard and storage fees begin immediately. This could be $100.00 per day or more. If it turns out the collision is partially your fault, then you will be responsible for a portion of the storage fees.
To avoid this possibility, it is imperative that you contact both your insurance company and the company insuring the at fault driver. If fault is admitted by the other driver, then his/her insurance carrier will ask you to sign a release giving the company the right to tow your vehicle. Even insurance companies are concerned about towing and storage fees. The carrier will take the car to it’s own storage facility or to a repair facility.
When it comes to repair facilities, you can either choose your own or choose one approved by the carrier repairing the car. If you choose one of the approved facilities, then the repair usually comes with a warranty.
If the other driver does not admit fault, then we have to turn to your own insurance company to remove your car from storage and have it repaired.
The Rental car process can be complicated. If your policy has towing and rental car coverage, all is well. Even if the other driver denies fault, if you have rental coverage, you can rent a car for up to 30 days (under most policies). Again, if the other driver admits fault, then his or her carrier will put you in a rental while your car is being repaired.
If the cost of the repair exceeds the cost of the replacement value of the car, the carriers will call it a “total loss” and write you a check for the market value of the car. You can expect some negotiations in reaching the final figure for your car’s value.
This is just a very brief overview of how property damage claims work and the items you have to be aware of to effectively resolve your claim. If you have any questions regarding this topic or your situation following a collision, please contact my office for a free consultation.
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You can call me John F. Sahhar at 760-683-2048 or email a question in the box below
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What to Do After an Auto Accident
Posted by: | CommentsAfter a car crash, regardless of the severity of your injuries, you will be contacted by the auto insurance companies for each of the drivers involved in the collision. You have a duty to report the collision to your own carrier and once you do, they will assign an adjuster who will want to discuss the claim with you.
You have an obligation to speak to your own carrier about what happened. However, you do not have an obligation to speak to any of the other carriers involved. Your obligation to speak with your own carrier arises from your automobile policy. They have the right to investigate your claim.
In my practice, I will always let a client speak to their own carrier, but I prefer this to occur in my presence. This can be done either in a telephone conversation from my office with you present and the adjuster on the phone, or all three of us in the same room. The conversation is usually recorded.
The adjuster who contacts you on behalf of a carrier insuring one of the other drivers involved in the collision will likely, at the start , be one of the nicest people you have ever run into. His primary goal is to get you to give a recorded statement which he hopes he can use against you in the event the claim does not settle. Secondly, he or she will try to offer you a small dollar amount up front to settle your claim.
Rarely, and I mean rarely in my 22 years of practice, have I allowed a client to give a recorded statement to an adverse carrier. The reasons are simple: The adjuster is trained to get you to say something harmful to your case. At this time, your life has been turned upside down and you may not be thinking straight. In addition, in an attempt to cooperate, you may give up some ground in hopes the adjuster will then be nicer to you and give you a better settlement. In truth, they never do.
If you have recently been in an auto accident, please contact my office for a free consultation. I will explain the entire claims process to you and answer any questions you have.
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You can call me at 760-683-2048. After hours it forwards to my cell phone. Or fill out your questions in box below.
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Oceanside, Carlsbad, Encinitas, Leucadia, Del Mar, La Jolla, Solana Beach, San Diego, North County San Diego,
What to do when involved in a car crash
Posted by: | CommentsCollisions tend to happen suddenly, without warning. Even if you have a warning it is of no use if you do not have the ability to avoid the collision altogether. Thus, it makes sense to take a minute, before you are involved in a car crash, and review what to do in the event one occurs.
This entry will discuss some of the basic things to consider in the event you are a party to a car accident.
First things first:
After your vehicle comes to a stop and the collision event is complete, take a moment to assess the situation. Consider the following:
Is your vehicle in harm’s way?
If so, consider moving it to a safe location.
Are you or anyone in your vehicle injured?
Once your vehicle is safe, determine if you or anyone in your vehicle is obviously injured. Keep in mind that not all injuries are of the blood and guts variety. Some injuries are not readily ascertainable. If anyone is in pain or appears injured, call an ambulance.
When should you call law enforcement?
Anytime there is an injury, law enforcement should be called. Most law enforcement agencies will respond to accident calls, but will only issue a report if there is an injury.
You will need to get the following information from each driver involved in the collision:
Name
Address
Telephone Number
Name of Insurance Company
Policy Number
Agent Number
Year, Make and Model of the car
License Plate Number
If there are witnesses at the scene, please get their name, address, and phone number and find out what they saw.
All of this information will be necessary for your attorney in order to open up claim files and pursue compensation for your loss and injury.
If you have any questions, please contact my office and I will answer any questions you might have. We have been operating in San Diego North County for 22 years.
Call 760-683-2048 or email questions in box below
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What you need to know about your auto insurance policy before you get in an accident
Posted by: | CommentsMost people find out after it is too late whether there is enough insurance to properly compensate them in the event of an injury due to an auto accident. To avoid this pitfall, here is some information about a few of the many types of coverages available in your auto insurance policy.
Your insurance policy is a contract. You promise to pay certain premiums and the insurance company promises to provide you certain coverages. However, you have a choice as to the types and amounts of coverage in your policy.
There are two basic purposes to an automobile insurance policy. First, to protect others. Second, to protect yourself and your loved ones.
Liability coverage protects others in the event you cause an accident. Thus, if you cause an accident, the insurance covers your liability for damages up to the amount of the coverage.
Uninsured Motorist/Underinsured Motorist coverage (referred to in your policy as UM/UIM coverage) protects you in the event the at fault driver either does not have insurance or has inadequate insurance. In such a scenario, f you have UM/UIM coverage in your policy, the amount of coverage you purchased would be available to you as compensation for your injuries and damages.
Another way to protect yourself and those in your car is through medical payment coverage in your automobile policy (referred to as Med Pay coverage). If you have Med Pay coverage, you are entitled to have your reasonable medical bills paid up to the amount of your coverage. It does not matter who is at fault for the collision. It can be used in addition or as a supplement to health insurance. It can also be used if you do not have health insurance.
I offer a free policy review, wherein I review with you the types and amounts of coverages you have in your auto policy and make suggestions as to how you may wish to modify your coverage to better protect yourself and your loved ones.
If you have any questions, please contact my office at 760-683-2048.
Or, you can simply send an email (see below).
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