Legal Question in Personal Injury in California
I am a Deputy Sheriff living in Los Angeles County, California. I was involved in a traffic collision at 9:24pm on 6/14/10 while on my way to work. I was driving northbound, approaching an intersection with a green light. The other driver was driving southbound, and wanted to turn left into the intersection. She failed to yield to my approach into the intersection and proceeded as I entered the intersection. I avoided a head-on collision by braking and turning my wheel to the right. Her car struck my car on the driver side, causing severe cosmetic damage (unknown other confirmed damage at this point), side air bag deployment, and my visit to the emergency room at the local hospital. Besides minor injuries such as scrapes, I sustained no serious injuries and will return to work. My concerns are as follows:
I bought my 2010 Ford Fusion Sport brand new from a dealership on 6/1/10, making it one day short of 2 weeks old at the time of the collision. I paid $37,191.56 with tax and license for this brand new car. It is now in a tow yard to be assessed for cost of damage. I feel it would be unfair if my car insurance (AAA) fixed it and gave it back to me because I purposely bought a new car so it would be free of accidents and previous owners. Now I�m going to have a �new car� that is no longer new, plus it�s value will decrease due to the fact that it was involved in an accident (and possible frame damage).
If AAA declares my car as a total loss, will they reimburse me for the $37K I paid? It would be unfair if they only gave me the cash price, which is what they asked me over the phone today ($31,143.00). This does not account for the tax and license cost (about $7,000). This accident was the other driver�s fault and I should not have to lose money of the vehicle or my reimbursement. If I do not get my full $37K to pay off the finance company, I will be paying out of pocket to pay off the remaining balance (after I pay what AAA will give me). Not only that, but I will still have to buy another car.
This car is irreplaceable because it was the last one exactly like it west of Colorado. This was the last car with the specifications (color, GPS, model�).
If �totaled,� my concern is getting the full amount that I believe I deserve for my brand new car that I had less than 2 weeks, and only had 219 miles at the time of purchase.
If not �totaled,� my concern is getting back my car which has drastically lost value, is no longer a �new car,� and will most likely not look or run the same as the day I drove it off the lot.
I just tinted my windows the morning of the accident. Is this something I am able to submit for reimbursement if there is damage to the window tinting?
Lastly, I had to use my sick time at work in order to get paid for taking the night off to go to the hospital. Since that time came out of my pay, how can I get reimbursed for the 8 hours of pay that I basically paid for from my time in the books.
I know that insurance companies are purely businesses, and do not have clients� best interest in mind. Anticipating an unfair outcome from AAA, I would like to know what I can do or what I should expect regarding my above concerns. Thank you.
3 Answers from Attorneys
I'm sorry you were involved in an accident, but I'm glad to hear you weren't more seriously injured.
1. You're going to have to retain a PI attorney to get dollar one for your hospital bills, medical bills, lost earnings, and pain and suffering. Almost certainly you will be able to find an attorney on a contingent fee basis.
2. Normally commuting to and from work is excluded from workers comp, but if you worked at home and were carrying work materials you might be able to make out a comp case.
3. I'm sorry to hear your brand new car was totaled, at least from your standpoint. Expect to be shafted by the insurance company. Maybe you can collect the difference in your eventual lawsuit against the other driver (his or her insurance company).
Watch out for legal time limits, don't give statements or sign anything for adverse insurance companies. Best of luck.
Deputy, I have represented various peace officers and I am an LAPD Police Protective League Legal Counsel. That being said, I worked in claims for many years and know how insurance companies operate. They are not only businesses but have very little concern for claimants' issues. The fact is if your care was a total loss are entitled to the market value plus tax and license. If it was not a total you are entitled to have it repaired at the expense of the negligent driver's insurance. Do not let them use "after maket" or salvage parts (which saves the carrier money). Have them put on manufacturer's parts as it was clearly a new vehicle and there is no justification for anything but new manufacturer's parts on your vehicle. Since you were injured (albeit minor injuries), you are entitled to payment of your medical expenses, loss of earnings and pain and suffering determined by the severity of the injuriess. It appears that this is a clear liabiity case against the other driver for failure to yield, {According to CA Vehicle Code Section 21801(a) so there would be no basis for comparitive negligence against you and thus no discounting of your damages. I hope this helps. Bob
My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1 or go to my website at www.thepersonalinjury.com . We are personal injury experts.
There is way too much to discuss on here. It would be better to do a telephone consultation.
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