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WHAT MONEY CAN I RECOVER IF I WAS INVOLVED IN AN AUTOMOBILE ACCIDENT?

When you have been involved in a car accident caused by the negligence of another driver, you are entitled to recover for your losses. The losses an individual suffers varies from accident to accident and no two people have the same case.


Property Damage

The first loss that is generally dealt with following a car accident is that related to property damage. If you were involved in a car accident your car was either damaged or will be determined to be a total loss. You will have an opportunity to be compensated for the fair market value of your vehicle or to have your car repaired depending on whether or not it is determined to be a total loss. You may choose to go through your own insurance company or you may choose to deal directly with the insurance company of the driver who caused the car accident. Be mindful of the fact that if you go through your own insurance company you will have to pay a deductible which may be $500, $1000 etc. Don't let this scare you away from using your own insurance, it is important to know that you are entitled to recover that deductible if you choose to have your car repaired through your own insurance company. Clients commonly express their concern that their insurance rates will go up if they use their own insurance - this will not happen if you were not at fault for the accident. If you go through your own insurance company, they will make a subrogation claim against the at fault driver’s insurance company to seek reimbursement for the money they paid for the repairs of your car or to compensate you for the loss of your vehicle, at this time you are entitled to ask for reimbursement of your deductible. Included within this property damage reimbursement will often be tow truck bills and storage bills which you are entitled to be reimbursed for.


Rental Car or Loss of Use

Following a car accident, whether your car is damaged or determined to be a total loss, you will be temporarily without a car. You will either have to rent a car or you will be using another personal or family vehicle. No matter the case, you are entitled to be reimbursed for the cost of a rental vehicle for the reasonable amount of time to repair or replace your vehicle. Even if you choose to use another family vehicle, you are still entitled to be compensated for the rental value of a vehicle for the time your damaged vehicle is not in your possession; this is compensation for the “loss of use” of that vehicle. For example, if your car is in the repair shop for 10 days following the accident and you do not rent a replacement car but rather choose to use your families second or third car for those 10 days, you are entitled to the value of a rental car (for example approximately $30/day I suggest looking up in your zip code on websites such as Hertz; Enterprise; Alamo). If the rental would have been $30/day for 10 days you may be entitled to $300 for the 10 days you were without your car.


Past and Future Medical Expenses

When you are involved in an automobile accident not only does the vehicle sustain damage but oftentimes the occupants of the vehicle are injured. The injuries require medical treatment. As we all know, medical treatment can be expensive. You are entitled to be compensated for your medical bills. In some cases, you may suffer permanent injuries that require treatment and care for the remainder of your life; you are entitled to be compensated for the treatment and care that lies ahead of you.


Past and Future Loss of Earnings or Loss of Earning Capacity

If you are injured in a car accident you may have been left in a physical state that prevents you from returning to work. If you are not able to work you are losing wages. You are entitled to recover the wages you have already lost due to time missed from work because of your injuries. Additionally, you are entitled to recover for time that you will miss in the future. If your injuries will require you to have a surgery in the future that will cause you to miss time from work, you shall be compensated for the future lost wages. Finally, if your injuries have impaired you such that you are not capable of earning as much and you will not earn as much in the future then you are entitled to those lost wages.


Pain and Suffering

The most valuable part of most individuals' cases is the past and future pain and suffering caused by their injuries. This is also perhaps the most undervalued and underappreciated aspect of a given case by the insurance companies and their claims evaluators or adjusters. The insurance companies do not want to pay you for this loss. However, the law clearly provides that an injured person is entitled to past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress among other things. These are the things injured people have to live with day in and day out. Eventually the medical bills get paid, but these things cannot be paid off – this does not mean you aren’t entitled to compensation for these losses.


Punitive Damages

The purposes of punitive damages are to punish a wrongdoer for the conduct that harmed another person and to discourage similar conduct in the future. Punitive damages will only be awarded if the injured person proves by clear and convincing evidence that the wrongdoer engaged in that conduct with malice, oppression, or fraud. In car accident cases, the act of operating a motor vehicle while intoxicated may constitute an act of "malice" if performed under circumstances which disclose a conscious disregard of the probable dangerous consequences. Taylor v. Superior Court (1979) 24 Cal.3d 890. Therefore, in certain cases involving a drunk driver who causes the accident, punitive damages may be awarded.


If you have been involved in a car accident and have questions please contact our office to learn about your rights. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.

Navigating a Slip or Trip and Fall: Crucial Steps to Take following a Slip or Trip and Fall in San Diego

25 Jan, 2024
Slip or trip and fall accidents can happen unexpectedly, leaving victims with injuries and a myriad of concerns. If you've experienced a slip or trip and fall in San Diego, California, and you have been injured it's essential to know the steps to take to protect your well-being and potential legal rights. In this blog, we walk through crucial steps to follow after being injured in a slip and fall incident in San Diego, California. Seek Medical Attention Even if your injuries seem minor, it's crucial to seek medical attention promptly whether that be at urgent care or with your family doctor. Some injuries may not manifest symptoms immediately, and a medical professional can assess your condition thoroughly. Additionally, medical records will be essential if you decide to pursue a personal injury claim later. Report the Incident If your fall occurred on someone else's property such as at grocery store or department store, report the incident to the property owner, manager, or supervisor as soon as possible. Make sure to obtain a written incident report and keep a copy for your records. Include details such as the time, date, location, and a brief description of what happened. Document the Scene Gather evidence by taking photographs of the accident scene, including any hazardous conditions that contributed to your fall. Document any visible injuries you sustained. These visual records can serve as valuable evidence later on. Identify Witnesses: If there were witnesses to your fall, collect their contact information. Witness statements can strengthen your case by providing additional perspectives on the incident. Additionally, if the fall occurred at a business get the names of all employees who you spoke to following the incident. Preserve Evidence Keep the clothing and footwear you wore at the time of the incident as potential evidence. Store them in a safe place, untouched, to help demonstrate the conditions at the time of the slip and fall. If the fall occurred at a business or private property, send a “preservation of evidence” written letter requesting that the business or property owner maintain any video footage, photographs, reports, witness statements, and all other evidence. Additionally, request that a copy of the letter be provided to their insurance provider. It is rare that a business will provide a copy of their reports, video footage, or other evidence before a lawsuit is filed. While that can be frustrating, so long as you demand that the business or property owner preserves all evidence you have taken the proper steps. Avoid Making Statements Refrain from making any formal or recorded statements to insurance representatives or the property owner without consulting a personal injury attorney. Off-the-cuff remarks may be used against you later, so it's advisable to seek legal advice before discussing the incident extensively. File a Claim This is specific to falls that occur on public property owned by a city. If a public entity is liable for causing injuries as a result of a dangerous condition on public property, the claimant must file a claim within six months. Cities provide claim forms on government website which can be used by claimants to file their claim. If your fall occurred at a private business or home, the claim likely will be reported by the property owner after a preservation of evidence letter has been sent to the property owner. In conclusion, experiencing a slip and fall can be a challenging ordeal thrusting unexpected complications into your life, but taking these steps can significantly enhance your ability to protect your well-being and pursue fair compensation for your injuries. By being proactive and seeking legal guidance, you can navigate the aftermath of a slip and fall with greater confidence and resilience. If you or someone close to you has been injured in a slip or trip and fall and have questions, please contact our office to learn about your rights. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.

Employer Risk After Holiday Parties

15 Dec, 2021
As the holiday season approaches The San Diego Union Tribune featured an article educating the community of the risks companies take when hosting end of the year events that serve alcoholic drinks. The article highlights the ruling of the San Diego division of the California Court of Appeal in the 2013 case of Purton v. Marriott Internat., Inc. The case decided employers may be liable if an employee’s alcohol consumption at the event later contributes to an accident that injures a third party. An employer may be liable even if the accident occurs after the employee arrives home safely and later, while still intoxicated, drives another employee home.

Reporting A Car Accident: A Timeline To Be Mindful Of Following A Car Accident In California

16 Apr, 2021
After being involved in a motor vehicle accident you might be dealing with reporting the accident to the police, car insurance companies and the DMV. As you may have suspected there are laws for which accidents need to be reported, who the accident needs to be reported to and when an accident needs to be reported. Exchanging information at the accident scene California Vehicle Code (CVC) § 20001 states that the driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall exchange information (providing his or her name, current residence address, the names and current residence addresses of any occupant of the driver’s vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner). Reporting a car accident to a law enforcement agency CVC § 20008 , states that the driver of a vehicle involved in any accident resulting in injuries to or death of any person (driver, passenger, pedestrian, bicyclist, motorcyclist, etc.) shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred. If a law enforcement officer was called to the scene of your accident and injuries are reported, he or she will prepare a written report of the accident on behalf of the agency. In that situation, you need not make your own separate written report. Even if no injuries are reported, the officer will still generate an incident report. Reporting a car accident to the DMV CVC § 16000 , states that a person involved in an accident must notify the DMV either personally or through an insurance agent, broker, or legal representative, on a form approved by the department ( SR-1 ), within 10 days of the accident if (1) there was property damage of $1,000 or greater, (2) someone is injured, or (3) a person dies in the accident. Risk of punishment for failure to exchange information and report an accident Failure to exchange information and report an accident that caused injury to another may result in imprisonment in the state prison, or in a county jail and/or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). CVC § 20001 . Reporting a car accident to your automobile insurance provider California law does not require a driver to report an accident to his or her insurance company. However, most auto insurance companies include a clause that requires them to report an accident in a timely manner. If the accident is not reported in compliance with the insurance policy then coverage may be denied to an at fault driver. If you have been involved in a car accident and have questions, please contact our office to learn about your rights. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.

The Other Driver Was At Fault For The Car Accident - Whey Aren't They Paying My Personal Injury Claim?

12 Mar, 2021
You were injured as a result of a car accident and there is no dispute as to who was at fault for causing the accident. The insurance company “accepted liability” and paid for the damage to your car but now the insurance company does not want to pay for your injury claim. New clients often come to us frustrated and confused by the hold up to be compensated for their injuries. The question becomes, “they were 100% at fault for the accident and have accepted liability, why aren’t they paying me for my injuries?” When you are making a personal injury claim as a result of a car accident you have to prove: (1) negligence of the other driver; (2) the negligence of the other driver was a substantial factor in causing you harm; and (3) the harm or damage that was in fact caused by the other driver’s negligence. Negligence of the Other Driver The first hurdle is establishing that the other driver was in the wrong for causing the accident. You must prove that the other driver failed to exercise the reasonable duty of care required of every driver on the road. When the other driver is clearly at fault for the accident (e.g. they rearend you while you are at a stop for a red light) the insurance company will accept liability and pay for the damages to the car. The insurance company has only acknowledged that their driver was negligent and caused the accident, they are not acknowledging that the negligence caused you to be physically injured. Bear in mind that the claim for the damages to your car and your claim for bodily injury are two separate claims. We bring this to your attention because it is fairly common for the insurance company to accept liability and pay for damages to the car but later fight liability on the personal injury claim. They will attempt to attribute partial liability to the personal injury claimant. It sounds crazy and irrational, we agree! Welcome to the world of insurance claims. Substantial Factor in Causing Harm Once it is established that the other driver was at fault for the accident, at least in-part, then you have to establish that any injuries that you are claiming were more likely than not caused by the accident. Some injuries are clearly caused by an accident and the insurance company has a tough time fighting claims for those injuries (e.g. broken bones). Contrarily, claims for soft tissue injuries (e.g. ligament tears or disc injuries of the spine) see more push back from the insurance companies. Insurance companies are skeptical of claims and want to determine whether those injuries were pre-existing rather than caused by the car accident. We find that some of our client’s do have pre-existing conditions. However, a pre-existing condition does not preclude someone from being compensated. If a pre-existing condition is aggravated or made worse by the negligence of another person, that negligent person(s) is liable for the additional damage they have caused. The Damage Caused Finally, if you are able to prove that the other driver was negligent and that negligence was a substantial factor in causing you harm you are left to prove what the total damages are that are a result of your injuries suffered in the accident. Damages in a personal injury claim vary but you are entitled to recover past and future medical expenses, past and future loss of earnings or loss of earning capacity, and pain and suffering. These damages are discussed in more depth in this damages blog .  If you have been involved in a car accident and have questions please contact our office to learn about your rights. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.
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