Legal Question in Personal Injury in California

Re: accident - not wearing a seatbelt

The other driver's insurance company isn't going to give you a nickel unless you are represented by an attorney. Don't talk to them! The attorney you retain may be able to help you despite the seat belt issue.

Re: accident - not wearing a seatbelt

You may be able to recover your actual damages, but likely nothing for 'pain and suffering' since not wearing your belt.

Re: accident - not wearing a seatbelt

Sorry you were hurt!!! Under the circumstances, you are going to be in for a real dogfight if you hope to collect anything from the insurer(s), but that does not mean you cannot successfully resolve your case. In order to maximize your chances, you need to immediately contact me or another personal injury attorney and make no further statements to the insurer(s) or anyone else regarding the accident. You also need to preserve all existing evidence. (See my website for more detail.) The magnitude of your comparative fault is difficult to determine from your posting. A lot will depend on the specific facts surrounding the accident such as the speeds involved, the angles/vectors of impact, the adequacy of the seatbelt and other available safety equipment, etc.

If you want help, contact me for a free consultation at (415)364-1604 or [email protected]. You can get more information about my practice and find some general litigation tips on my website: http://www.lawguru.com/users/law/litigator/index.html. I hope this information helps.

Best of luck!!!

Russ Martin

(415)364-1604

[email protected]

Re: accident - not wearing a seatbelt

First, do not give statement, either recorded, written or otherwise to anyone until you are represented by counsel or you actually know and appreciate legal implications of your statement.

Second, take pictures of your injuries and get medical care without delay. Preserve all evidence.

Third, submit your bills to the responsible party's insurance carrier for payment. However, do not give them any statement as to the accident. You may tell them your sitting position in the car, your name and address, but that is it.

Fourth, after you total all of your losses (medical bills, lost wages, possible future medical bills, etc.) submit to the insurace company and ask them to make you an offer. If they make you an offer you then may consult an attorney to see it is a fair offer.

Lastly, lack of seatbelt will be argued by the insurance company as a contributing factor in your case. They will attempt to reduce the total award by a percentage of your fault (lack of seatbelt), hence lowering the total payable amount. You will be better off with a lawyer, which you should seriously consider.

Re: accident - not wearing a seatbelt

I have handled this exact type of case many times, and have obtained substantial settlements for my clients. The fact that you were not wearing a seatbelt may be a contributing factor, however it is the drivers responsiblity to ensure that all passngers have their seatbelts on. Give me a call for a free consultation. 818-427-6246.

Norm