Legal Question in Insurance Law in California

Re: Auto Accident Help

Your Mom needs to take you to a doctor right away to get your head looked at, because head injuries can be serious! Next, she needs to talk to a lawyer who does accident cases. Because you were hurt, your Mom may be able to get more money, possibly a lot more money, than just the value of the car. If your Mom or your brother was hurt, even a little, they also need to see a doctor right away. Mom should not talk to anybody about the accident except the doctor and her own lawyer. Mom should do these things right away, not only because you all need to get checked out at the doctor's office, but also because the lawyer Mom hires will need to get to work right away. Most probably, Mom will be able to find a lawyer who will take her case without her having to pay any money right now. I am sorry this happened to you, and I hope you feel better soon. Please give Mom this message!

Re: Auto Accident Help

I agree with Mr. Stone's answer. There are a couple of points I want to add:

First, your family can sue the other driver for the damage to the car and for the various injuries, as well as pain and suffering. Your mother's insurance company will probably want to bring such a case because the insurer is entitled to recover from the other driver most of the money it pays on your family's claims. The insurance company will need your mother's cooperation in bringing such a case, because she will have to be the plaintiff. She should discuss this with the insurance company before talking to attorneys on her own.

Second, the amount recoverable for the damage to the car is based on the car's value and not the amount of the outstanding loan. This is so because the insurance is supposed to put you back into the same financial position you were in before the accident, not to make you better off than you were. Before the accident, your family owed $16,000 on a $13,000 car and was thus $3,000 in the red. If the insurer declares the car totaled and buys it for $13,000, your mother can pay off most of the loan with that money and will still be $3,000 in the red.

Besides, let's say I own an identical car and don't owe any money on it. If my car gets totaled I will be entitled to $13,000. There is no good reason why your family should get $3,000 more than me for an identical loss. And if someone else has an identical car and owes $20,000 on it, there is no good reason why that person should get $4,000 more than you and $7,000 more than me. We all had the same loss and should all get the same payment.

Re: Auto Accident Help

I am very sorry to hear about your accident. Why don't you have your mom call me at 818-427-6246 to talk about this.

Norm

Re: Auto Accident Help

It seems that the impact was strong enough for the car to be totalled. Your family needs to be checked by a doctor first, then worry about the car. Your health is more important...

Next, tell your mom not to talk to anyone who might call and ask questions about the accident, except her own insurance and her lawyer, if she has one. If she doesn't have a lawyer, she should get one fast. Tell her to call any of the lawyers on this bulletin board who were kind enough to offer you some advice rather than simply soliciting for business. Also, these types of cases are usually handled on a contingent fee basis, meaning your mom will not have to pay the lawyer any money up front. The lawyer will simply charge a percentage at the end of the case, if there is a recovery.

Lastly, you may call me at (323)782-0099 and the consultation is free of charge.

Re: Auto Accident Help

You have described the potential for significant injuries. Anyone that has been injured has a duty to try to get well with proper medical care. Therefore, don't be surprised if tomorrow some or all of you will be hurting. If so, seek help to get over the effects of the injuries. Some people can experience serious collisions and not suffer significant injuries and some can be in small impacts and have significant injuries.

There are some things that would help if you proceed with any claim. Take pictures of the damage to your car and of the parts that were not damaged. If things were bent or broken inside the car, photograph those things as well. If anyone has cuts or bruises, take pictures of those. Pictures of the collision scene and skidmarks or lack therof can also be helpful. A professional with proper safety equipment should secure pictures at a scene where there is traffic.

It is important to preserve evidence in the event that you later need to proceed with a suit.

You can also gather information on the fair market value of your car. There can be a difference of opinion. You may make a claim under your own insurance or under the other driver's insurance. You are entitled to tax and license fees on top of its fair market value if it is a total loss. You may also be entitled to a loss of use of the car for a reasonable time. That is usually measured by what it would cost to rent a replacement car for its daily rental but not mileage, because the mileage would normally be what you would incur anyway.

It sounds like you are a great help to your mom. Keep it up. I hope you are all fine as injuries are not worth the money that insurance companies are willing to settle with you on them. They even try to influence what juries award and often make it too dificult and expensive to be fairly compensated. They often force people to have to hire lawyers to try to enforce their rights or to get a fair settlement. Good luck.

Re: Auto Accident Help

Your own insurer has to pay the fair market value of your vehicle. But that is not a definite sum, and insurers lowball insureds. So get an Auto Trader, the Sunday LA Times (or equivalent) and look on the internet for comparables. Then get your insurer to give you its paperwork upon which it bases its $13,000 valuation. Your vehicle might just be worth more than that sum. And it just might be repairable if that costs less than the fair market value. Don't get fooled by the insurer trying to use its internal rule of "a total loss is when the repair costs equal 75 to 80 per cent of the fair market value." I'm sure your policy does not so provide.

Get a lawyer - you all have claims against the other parties, for personal injuries, lost wages, ecnomonic losses, and for the property damages.

Your insurer might try to get its payment (whatever amount it finally does pay or agree to)

back from the other parties, which it does have a right to do - BUT ONLY after you have been FIRST made whole. Yes, you get the first recovery from the other parties BEFORE the insurer gets anything back. (It is possible your policy states to the contrary, but the foregoing is what the law provides unless the policy says otherwise.)

Don't discuss your plans to make a claim against the other party with your insurer - get a lawyer first and let him handle it all.