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Faq’s

Car Accident Attorney Law Group > Faq’s

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If your car was damaged or “totaled” in a car accident that was not your fault, here’s how the process works:

 

In a perfect world, the at-fault driver’s insurance would quickly accept liability and make you whole again (putting you in the same position you were in before the accident) by paying for: a replacement car if yours was totaled or repair costs if it was only damaged, and covering all rental car costs while you’re without a car.  Unfortunately, sometimes that doesn’t happen and this process may be delayed for numerous reasons such as a fight with your insurance company over liability or a coverage dispute with their insured.   If the process is moving too slow with the at-fault driver’s insurance company, in most instances you can turn to your own insurance for swift payment and let your insurance seek reimbursement from the at-fault driver’s insurance company when things are sorted out.
Replacing a Totaled Car.
A vehicle is typically deemed to be “totaled” once the cost to repair it exceeds ~70% of the value of the car.  There are two main methods that your insurance company may use to calculate the amount it will pay you for replacing your totaled vehicle.  These two methods are referred to as “actual cash value” and “replacement value” and are discussed below.  The method that your insurance company uses will depend on the type and terms of your auto insurance coverage.  After your insurance company determines the amount you’re entitled to, they will write you a check, less what is owed on your car loan (your lender is on the title to your car also).

 

  • What is Replacement Cost?

 

  • This method is most favorable to you.  It requires that your insurance company compensate you for what it actually costs to replace your car with another similar car of the same year, make, and model.

 

  • What is Actual Cash Value?

 

  • This method is the most favorable to your insurance company.  Your insurance will compensate you for the replacement cost minus any depreciation.  This is also referred to as market value; it represents what you could expect to receive if you had sold your car prior to the damage.

 

Repairing a Damaged Car:
If your car was not deemed “totaled” then you will need to have it repaired.  Depending on your coverage, you may be able to choose the repair shop, however contact your insurance first as your policy might give them the choice.  It is always best to deal with your own insurance company regardless of who was at fault for the accident.  If the other party caused the accident your insurance company will seek reimbursement from the other insurance company.
All California drivers are required to carry 15/30 liability insurance.  15/30 refers to the amount of coverage a driver must have for people they injure; 15k per person and 30k per accident.  (Note: if 3 people are injured by a driver in a single accident, they must divide 30k).  Many people, including us, feel that these minimum insurance limits are too low, however this is the current state of California law.  (Note: many people aren’t aware of how much coverage they have. An easy way to find out is to look at your “declarations” page of your auto policy or ask your insurance agent for a copy it.  It will simply lay out your coverage limits.)  We recommend having at least 100k/300k in both liability coverage and UIM coverage.  You’d be surprised how little extra it will cost you to have good insurance that protects you and your passengers from an unexpected accident.
Types of Auto Insurance Coverage
  • Liability: this type of insurance covers ONLY injuries and property damage you cause to others up to the limits of the policy.  It does not cover your own injuries and property damage when you are at-fault for the car accident.  (Note: if the other car is at fault for the accident you can recover on their auto insurance policy.)

 

  • Collision: this type of insurance covers injuries and property damage to both you and others up to the limits of the policy when you are at fault for the car accident.

 

  • Comprehensive:  this type of insurance is the same as Collision Insurance (above), but also covers you in the event of weather damage, theft, an animal collision, vandalism, etc.

 

  • Un/Under-insured (UIM):  this type of insurance is an add on to the types above and ensures that you have a certain amount of money available to you in the event you’re in an accident caused by someone else with policy limits that aren’t large enough to cover your damages (personal injuries, damage to your car, etc.).  For example, what happens when your 50k car is totaled and the guy that hit you only has 15k in coverage (CA minimum)?  Without UIM coverage you are effectively out of luck and will have to pay for the difference in the value of replacing your car and 15k.  Same applies to a personal injury claim.  What if you are hit by a driver with 15k in coverage and suffer serious or permanent injuries?  15k won’t fairly compensate you, so you turn to your UIM and it takes the place of the underinsured driver, thus providing you with access to additional insurance money.  We highly recommend that all of our clients have at least 100k/300k in UIM coverage.

 

What are some common types of car accidents you see?

Car accidents can happen in a variety of ways – we have seen it all, but the most common type we encounter are rear-enders. Far too often, drivers who are distracted take their eyes off of the road and look up only when it’s too late.  These types of accidents usually start off with an “I didn’t see you.”  From a legal standpoint, these are the most straight-forward types of accidents to be involved in as liability is almost always clear.  Other types of car accidents we see include: sideswipe, “T-bone” and head-on collisions.  The one thing that all these accidents have in common is that the driver breached their duty to exercise care when operating their vehicle.  In other words, they were negligent and that negligence caused you to be injured.  Negligent driving can occur in a variety of ways, such as:
  • Failing to yield the right of way
  • Failing to drive at a reasonable speed (not only based on speed limit, but road conditions)
  • Improper/unsafe turn
  • Driving while under the influence (drugs/alcohol)
 
Establishing this breach of care (negligence) is essential in a personal injury car accident claim.  Often times this breach is clear and is included in a police report (the at-fault party will usually be cited). Other times, it’s not and we have to bring in our own accident reconstruction experts to determine the cause of the accident. More times than not, the insurance company of the car that hit you will dispute liability, regardless of what the police report finds.  At a minimum, they will assert that you contributed to the accident by also driving negligently.  Don’t worry, we are well-versed at handling this insurance company nonsense and will fight for you so that the picture is clear and you don’t bear any undeserved fault.

What injuries are most commonly caused by car accidents?

Advances in technology and heightened safety standards have made car occupants of cars in accidents less vulnerable than in the past, but it is still common that serious injuries occur when cars collide.  Typically, the bigger the collision (speed) the more severe the injuries are that result.  In low impact collisions (less than 15mph) the most common type of injury that occurs is a soft tissue, strain/sprain injury – when it involves the neck it is commonly referred to as “whiplash”.  These “soft-tissue” injuries typically result from rear-end, low impact collisions.   Many people injured in low impact collisions that suffer from only strain/sprain injuries can handle their insurance claims without a lawyer – especially if liability is clear and uncontested.  If this sounds like your situation, you should reference our page on handling your own personal injury claim.  Of course, we are also happy to speak to you on the phone about your situation and offer some friendly, free advice if we think you don’t need us.

 

When car crashes involve speeds greater than 15-mph, injured victims are very likely to need a Los Angeles car accident lawyer to help them with their claim and case.  Injuries that result from these higher impact collisions are typically more severe and include:
(1) Torn Ligaments and Tendons
(2) Broken Bones
(3) Back/Spinal Injury
(4) Head Injury/Traumatic Brain Injury (TBI)
(5) Internal Injuries
(6) Disfigurement
(7) Paralysis
(8) Death
You should know that injuries resulting from a car accident might not always present immediately.  After being in a car accident, your body is in a state of shock and produces endorphins to make it feel better.  It is not uncommon after the shock wears off to develop symptoms or for your pain to get worse several hours after the car accident.  It is important to get medical treatment if your pain increases or fails to get better as this is usually a sign of something more serious.

This is understandably the single most asked question we get when meeting people who have been injured in a car accident. The short answer is: it depends. The truth is that any LA car accident lawyer who tells you otherwise or guarantees a six-figure payday should be someone you run from (not walk). We don’t hide the ball from our clients at all, but there are just too many factors that need to be evaluated first and information that needs to be obtained in order to determine the potential value of your case. Once we have a handle on what we think your case is worth, we will let you know, and then go after more! That said , generally speaking, here are the types of things you are entitled to be compensated for as the victim of a car accident in California:

Past “Paid” Medical Bills
Cost of Future Medical Treatment
Past Lost Wages
Future Lost Wages
Loss of Earning Capacity
Pain and Suffering
Cost to Repair/Replace Car

We are only paid if we win your case.  Our agreements call for a contingency fee of either 1/3rd or 40% of the settlement, award, or verdict.  If we are required to litigate your case (file a lawsuit) our fee slides from 1/3rd to 40% to account for the increased financial risk we are taking on.  Additionally, we will advance all costs necessary to pursue your case and will never ask you for money to finance your own case.  If we are successful, we are entitled to be reimbursed for our out-of-pocket, advanced costs in addition to our contingency fee.  If we don’t receive a settlement or verdict on your behalf, you never owe us for the time or money we have spent pursuing your case.  This arrangement allows everyone to be able to afford the best Los Angeles car accident lawyer.

We understand that your goal is to get your personal injury claim resolved as quickly as possible so that you can get on with your life. However, the circumstances of your accident and injury will determine how long the process will take to achieve a settlement. We have found that the two windows most ripe for settlement are 2 months after your medical treatment is completed (pre-litigation settlement) and 6 months after filing a lawsuit (post-litigation settlement).

Of course, every case is different and opportunities to settle your case can be frequent. If we are required to file a complaint on your behalf because the insurance company refuses to offer a reasonable settlement, we typically will do that right away. However, you should know that California law gives you two years from the date of your accident to either settle your case or file a complaint to protect your claim (Note: if the defendant is a governmental entity, you have six months from the date of your accident to file a formal governmental claim, not two years).

2 months after medical treatment is completed

The majority of our cases are settled in this window. Cases that settle in this window often have the following characteristics:

  • You have been diagnosed with an identifiable injury.
    You do not have substantial permanent injury or long-lasting symptoms.
    You do not require future medical treatment for your injuries.
    You did not have a pre-existing injury in the same part of your body.
    You have private health insurance (not Medi-cal, Medicare, etc.)
    The other party accepts responsibly and you bear no fault (comparative negligence)
    The person who injured you was not a government employee.

6 months after filing a lawsuit

Sometimes insurance companies refuse to accept responsibility or don’t respect the value of our client’s damages and we must file a lawsuit to create sufficient pressure on the other side. A common misconception about filing a lawsuit is that it means that a trial will occur. That’s not true, at least not with us. We have a reputation for working up our clients’ cases in the litigation process so well that approximately 95% of all cases that require us to litigate result in a settlement for our clients without the need for trial. The reason that our post-litigation settlements typically occur about 6 months after filing the complaint is because formal, written discovery needs to be done and depositions need to be taken of the parties (including you) and key witnesses. These things typically take about six months to complete.

If your case is one of the few that does requires a trial, we are experienced trial attorneys and will present your case to a jury.

When you hire us, you hand off all of the problems, work and stress associated with your accident to an experienced personal injury lawyer who has handled hundreds of cases like yours. This allows you to focus on your recovery, while we handle everything else. Whether you realize it or not, there are a lot of pitfalls out there for a personal injury claimant that has never dealt with a situation like this before. Insurance companies and their adjusters have the goal of saving as much money as possible and that means denying your claim, underpaying your claim and/or attempting to get you to do and say things that permanently harm the value of your claim. We won’t allow for any of that.

We will serve as the point of contact for anyone wanting to contact you about your accident or injuries. We will advise you about all the tricks that insurance companies and their agents play so that your claim, when presented, has no issues associated with it that might limit it’s value. Additionally, by hiring us you will swing the leverage of your injury claim back to your side, as the insurance company will be forced to accept the fact that you won’t be one of the claimants they can take financial advantage of—every major insurance company knows us and has dealt with us many times; we have a reputation of getting every dollar available.

Sounds great, but what does that exactly mean? Here are the specifics:

Investigate your Claim

  • Find all sources for recovery (insurance policies and deep pockets).
  • Order and review your medical records and bills.
  • Hire medical professionals to review your medical records, if necessary.
  • Order any police/incident reports.
  • Talk with any witnesses.
  • Advance any upfront costs needed to establish your claim.

Present your Claim to the Insurance Company

Handle all communication with the insurance company (they’ll stop calling you).
Identify any problem areas with your case and address (and remedy if possible) them early on.
Prepare and submit a detailed and comprehensive settlement demand package that includes legal arguments, a persuasive presentation of your claim and supporting documentation.

Maximize Your Settlement Amount

Use our leverage of being able to file a lawsuit to put pressure on adjusters.
Use our experience in handling 100s of cases like yours to ensure you are paid top dollar.
Negotiate & reduce your health insurance claims, which nets you more.

Occasionally, the at-fault party’s insurance refuses to accept responsibility, wants to place an unfair amount of blame on you, or doesn’t respect the extent of your injuries and damages. When that happens, we file a lawsuit on your behalf and utilize the court system to create pressure on them. You see, the insurance company knows that if they don’t treat you fairly, a jury of 12 of your peers will ultimately decide what you are entitled to. This pressure causes them to reassess their position on your case and almost always causes them to offer you a good settlement before trial.

File a Lawsuit

Prepare a formal complaint.
Advance any upfront court costs (filing fees, service fees, etc.)
Track down and personally serve the defendant(s).

Litigate your Case

Explain and walk you through the entire process.
Prepare you for when your participation is needed.
Obtain all documents from the defendants to establish your case.
Advance upfront costs for hiring any needed experts.
Negotiate with opposing attorney to settle your case without the need for trial.
If necessary, present your case at trial to a jury of your peers.

 

We’re sorry to learn that you were injured in a auto accident, but that doesn’t necessarily mean the you need to hire a Los Angeles auto accident lawyer. For example, if you suffered only minor injuries (soft tissue) and it is clear that the other person was at fault, you may be able to handle your claim with the other person’s insurance company yourself.  Feel free to give us a call at (555) 555-1212 or submit an Online Inquiry for a free consultation to discuss whether you fall into this category.  If you do, we will happily give you some free advice/tips to handling your claim without a lawyer.  We never take on cases that we can’t add value to.  In other words, if you can’t likely net more by hiring us (we are paid with a percentage of the recovery (contingency fee), see section below), it doesn’t make sense for you to hire a personal injury lawyer.  That said, if you suffered more serious injuries or fault isn’t crystal clear, you will need to hire an injury lawyer or else you will likely be costing yourself a lot of money.  The California DMV also agrees on this point.

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