Oakland Personal Injury Lawyer Blog

A pedestrian who was crossing Central Avenue in Alameda was hit by a sports car on April 21, 2012. The victim was hospitalized, and is now recovering at home. The police say that the victim and another person were crossing the street in between intersections in the 700 block of Central Avenue at about 1:45 p.m. At that time a bystander yelled a warning to the two men. One was able to jump out of the way. The other was hit by the car which then fled the scene.

As an Alameda personal injury lawyer, a couple points come to mind regarding this accident. First, when you are involved in any accident, you are legally obligated to stop and identity yourself, and provide your insurance information. This is true regardless who is at fault for the accident. Second, even though cars have the right of way when traveling down the road, in between intersections, drivers still have an obligation to keep their attention on the roadway and avoid injury to others where possible. In other words, jaywalkers aren't fair game for drivers as they cross the road in front of you.

Looking at the conduct of the pedestrians in this case, the first question that pops out is why are they jaywalking? The 700 block of Alameda is a busy street. There are nearby intersections, with traffic lights to protect pedestrians. Under the law, a pedestrian also has the legal obligation to keep a look out for on coming traffic and obey all traffic laws. According to the reports, this was not done in this case.

It is hard to analyze the entire picture from a legal liability standpoint, because we don't know the speed of the driver, where he came from, whether there was intoxication involved, why the pedestrians were in the street, and where the point of impact was located. However, a couple of points can be made.

With regard to the injured pedestrian, he will not be able to sue the hit and run driver for his personal injuries unless the driver can be located. Therefore, his only method of obtaining compensation would be through his own uninsured motorist coverage on his automobile, if he has one.

Uninsured motorist protection is required by California law for every policy of automobile liability insurance issued in the state. It must be issued with limits of no less than $15,000.00 per accident. It protects drivers against uninsured drivers, but unbeknownst to many people, it also protects pedestrians and cyclists if they are injured by an uninsured driver or hit and run driver.

In a successful uninsured motorist claim, the pedestrian can obtain full reimbursement of his medical bills, any lost wages incurred, and general damages for his pain and suffering (up to the amount of uninsured motorist coverage that the individual carries).

In this case, the pedestrian would be able to make a claim against his own insurance carrier for the damages caused by the hit and run driver, assuming he can prove that the driver was negligent. His damages would then be reduced because of his own fault for jaywalking. This is the law of comparative negligence.

The important thing to remember about pedestrian accidents, and hit and run accidents, is that if you are injured in a accident like this, you can recover fully from your own uninsured motorist carrier. Therefore, it is also important to know about your auto insurance coverage and how much uninsured motorist coverage you have and whether it is adequate to fully protect you if you are injured by an uninsured or hit and run driver.

Resource:

Victim of Central Ave. Hit and Run Recovering, Alameda Patch, April 25, 2012

A recent report by the Center for Disease Control showed the heavy costs of medical bills on the average citizen. According to the study, in the fix six months of 2011, one in three people were experiencing the financial burden of medical bills. The burden of heavy medical bills has fallen primarily on the poor, those under the age of 17 and the elderly. For children under age 17, 24% were in families who were having trouble paying their medical bills.

Our country spent $2.6 trillion dollars per year on health care in 2010. This is more than the entire economies of France and Great Britain combined. Yet, the way healthcare is provided from state to state can vary widely. In Massachusetts, they have a mandatory insurance program which covers 98% of its citizens. On the opposite end of the spectrum is Texas. 25% of all Texans have no health insurance at all. According to a study by UCLA, done in 2010, the rate of uninsured in California is not much better. 24.3% of all Californians are without health insurance.

As an Alameda personal injury lawyer, I have personally seen many clients whose financial worlds have been rocked when they have incurred heavy medical bills following an automobile accident. People may incur these large bills for a variety of reasons: they may be either uninsured or underinsured due to the high cost of insurance, or they lost their insurance because of being laid off from work; the bills may be for treatments not covered by their health insurer; the bills may have been incurred out of their usual insurance network; or they may have a very high deductible to meet before their insurance coverage kicks in. Injured parties may be able to recover these bills in a personal injury lawsuit, but they may have to wait years for their cases to be resolved.

The best way to protect yourself against high medical bills if you have been involved in a car accident is to obtain "med pay" coverage through your own auto insurance company. Med pay coverage will pay for your accident related medical bills whether you are at fault in the accident or not. It also provides coverage for any of your passengers. This coverage also applies to you if you are a pedestrian, or cyclist and are injured because you have been struck by a car. The coverage is available on almost all policies issued in California and usually comes in increments of $1,000.00, $2,000.00, $5,000.00, $10,000.00, all the way up to $100,000.00. The coverage is generally not that expensive.

I would recommend purchasing med pay coverage on your automobile liability insurance policy even if you have health insurance. Most health insurance plans today have deductibles and co-pay provisions. If you are seriously injured in an automobile accident, the amounts of the deductibles and co-pays can add up to thousands of dollars. Your med pay coverage can be used to pay off these outstanding bills which are not paid fully by your health insurance. Additionally, the med pay can be used to pay for healthcare which may not be covered by your health insurance such as chiropractic care, acupuncture, other alternative medical treatments.

The status of the health care delivery system in America in my opinion is abysmal. We spend more on healthcare than other countries, and yet have higher morbidity rates in many cases. Our system cries out for reform to protect the many uninsured and underinsured in our country. In the meantime, considering med pay coverage for your automobile liability coverage may help provide you coverage or plug holes in your existing coverage if you are injured in a serious automobile accident.

Resources:

One Nation, Two Health Care Extremes, NPR News, March 19, 2012

Number of uninsured in California counties grew during recession, UCLA Center for Health Policy Research, August 23, 2010

There have been two recent pedestrian accidents in Alameda. In one incident, a 17-year old girl was hit at the intersection of High St. and Encinal Avenue by a hit and run driver. In the other, a man was killed on Doolittle as he was walking along the side of the road (his car had been impounded by the Alameda police because he was an unlicensed driver). A number of Alameda residents have voiced concerns about the safety of Alameda streets. These recently well publicized cases bring a couple of points to mind. Are pedestrian accidents on the rise? What can be done to help further reduce the number of pedestrian collisions? If you are injured in a pedestrian accident, how can your auto insurance help you out?

Interestingly, the number of pedestrian accidents has actually declined over the past ten years. A study by the NHTSA, National Highway Traffic Safety Association, showed a 14% decrease in the number of pedestrian fatalities nationwide since 2000. In 2009, there were 4,092 fatalities and an estimated 59,000 injuries due to pedestrian accidents. Pedestrian fatalities represented 12% of all motor vehicle related deaths. 48% of the pedestrian deaths involved alcohol use by either the pedestrian or the driver.

NHTSA recommends the following practices to reduce pedestrian injuries and deaths.

• Drivers are required to yield the right of way to pedestrians crossing streets in marked or unmarked crosswalks. This is especially true in situations where drivers are turning right onto another street into the path of pedestrians.
• When possible pedestrians should cross at designated crosswalks. Always look left and right before crossing, and if a parked car is blocking your view, stop at the edge line of the vehicles and look before coming around it and entering the street.
• Increase visibility at night by carrying a flashlight or retro-reflective clothing.
• It is much safer to walk on the sidewalk, but if you must walk on the road, walk facing traffic.

If you have been injured in a pedestrian accident, there may be responsibility on the part of the other driver, on behalf of public entities who maintain the roadway, or on behalf of your own auto insurance carrier if the accident involves a hit and run or uninsured driver.

Where an accident is caused by an insured driver, an injured person can make a personal injury claim against that person's insurance company. In that claim the person can recover for their medical bills, lost wages, future lost earnings, and for pain and suffering.

Sometimes the pedestrian accident can be caused because the particular roadway, intersection or sidewalk was either designed poorly or was not properly maintained. If a dangerous condition of public property was a cause of the injury, a claim can be filed against the responsible entity responsible for maintaining the property. A government claim must be filed within six months of the date of the injury or it will be barred by law in most instances.

Finally, if an injury is caused by a hit and run driver, or an uninsured driver, you should have recourse to your own automobile insurance policy. This is true even if the person injured is a minor in the household and is not of driving age. Every auto policy in California is required by law to include uninsured motorist coverage unless the policy holder specifically declines the coverage in writing. This coverage will provide for compensation for all medical bills, lost earnings, and pain and suffering damages up to the full amount of the amount covered.

As an Alameda personal injury lawyer, I have represented many injured pedestrians over the years. The injuries are often serious and permanent in their repercussions. By following the recommendations above, hopefully we can continue to help reduce the numbers of these types of injuries.

Resources:

Traffic Safety Facts, 2009 Data, NHTSA

Daughter Victim of Hit-and-Run; Mom Wants Answers, Alameda Patch, January 24, 2012

In 2009, Jerry Brown, then the attorney general of the State of California, started an investigation into the claims practices of the seven largest health plans in the state. This followed a report by the California Nurses Association that California Health Insurers reject one in five medical claims.

The report found that 22% of all claims from 2002 to 2009 were rejected. The rate of rejection ranged from a high of 39.6% for PacifiCare to 6.5% for Aetna. Aetna Blue Cross, the largest for profit health plan in the state was mentioned as denying 28% of their claims.

Doctors complained that the insurers often delay, shortchange or deny legitimate claims. Legally speaking, this is called "insurance bad faith." Delays or denials of legitimate claims such as these can lead to poor medical outcomes including death.

In California, the laws regarding an insurance company's obligations are clear and well established. Every insurance contract includes a promise of good faith and fair dealing implied by law - meaning the promise is there whether its stated in the contract or not. That means that an insurance company can't do anything that would prevent you from receiving the benefits of the policy that you paid for. It can't unreasonably withhold payments. It can't unreasonably delay payments. It can't unreasonably deny payments. The law also says that the insurance company can't put their own interests above that of its policy holders.

The courts recognize that when people buy health insurance policies, they are buying peace of mind. They are purchasing the assurance that if they get hit with large medical bills their insurance company will be there to protect them. Therefore, the insurance companies also have a legal obligation to do a proper investigation before denying a claim.

When insurance companies fail to meet these important legal obligations and someone's medical condition worsens, or someone dies because of it the insurance company is liable for damages for bad faith insurance practices.

Most commonly we see the following tactics by insurance companies that are trying to avoid their legal obligations to their policyholders:

• Objections that the treatments are experimental
• Objections that the treatments are not medically necessary
• Objections base on post claims underwriting (i.e. going back to your health insurance original application to find any mistake or omission which they now try to use against you to deny the claim)
• Delays and delays in the hope of wearing down the claimant

The proof of these bad faith claims is in the pudding--the claims file. Every phone call, every decision from the claims adjuster at the bottom up through the supervisory level is recorded in the claims file. As an Alameda bad faith insurance lawyer, when a client contacts me after being denied coverage for their health claim, the first thing that I do is to obtain a complete copy of the claims file. Next is the underwriting file. This file shows what coverage the person applied for, the application, and will show whether the benefits sought fall within the type of coverage that the insured sought.

In going through these documents and numerous others, I ask questions such as whether the insurer followed its own policies and procedures, whether it followed the law as set forth in the insurance code; whether it met industry standards in denying the claim; whether it gave as much consideration to its insured's interests as its own. Unfortunately, with the growing number of denials of claims, we often find that the answer to these questions is "no."

The attorney general's investigation appears to be ongoing, so I don't have the results of that available right now. But there is no doubt in my mind, that as insurance company profit margins get smaller, we will see more and more unjustly denied health insurance claims.

Resources:

HMO Claims-Rejection Rates Trigger State Investigation, Los Angeles Times, September 4, 2009

Today, Highway 101 in San Francisco was closed down for over six hours after a big rig overturned and caught fire. The fire engulfed the cab after the rig overturned. Three other cars were involved in the accident, causing personal injuries to the occupants. The truck's driver and a driver of one of the cars involved in the collision were taken to a nearby hospital. There was substantial property damage also done by the fire, and by the truck colliding into the guardrail.

At this time the collision is still under investigation by the California Highway Patrol. Big-rig crashes such as this point out the need for adequate liability insurance. In this case, assuming the truck driver is found to be at fault for the collision there will need to be enough insurance to cover all of the property damage done to the roadway, and the other cars involved in the collision. There will also have to be sufficient liability coverage to compensate all of the other drivers who have personal injury claims.

California law requires higher minimum liability insurance limits for commercial truck drivers than for ordinary drivers. Non-commercial drivers are only required to carry minimum liability insurance limits of $15,000.00/$30,000.00. However, commercial truck drivers must carry minimum single limits of $750,000.00 per accident (California Vehicle Code section 3463.15).

Often times commercial truck drivers carry multiple layers of insurance. If you are injured in a trucking accident, it is extremely important to identify all possible insurance policies which might cover the collision. Unfortunately, as a truck accident lawyer, I have seen too many times where the trucker's insurance carriers do not disclose these other layers of coverage.

I represented a man who was severely injured in a trucking accident where the insurance company lawyers concealed the available insurance company. The case, Dean v Spivey, involved an elderly gentleman,who had just retired. He and his wife were driving on Highway 880 near San Leandro when there was a multi-vehicle collision. In the sequence of the accident, his car was rear ended by a tractor-trailer. As a result, he sustained a large disc herniation in his neck which resulted in partial paraplegia. Initially, the insurance carrier for the trucking company stated that there was a one million dollar insurance policy on the truck. Suspecting however, that there might be other layers of coverage, I subpoenaed the trucking company's insurance brokers records. It turned out that there was an additional $3,000,000.00 in coverage. As a result of this extra investigation, the case was settled for $3,250,000.00, well over the initial layer of coverage.

Truck accidents are often complex. The liability issues can be difficult, and insurance coverages and apportionment between parties make these challenging cases. Folks who are injured in trucking accidents often are severely injured due to the tremendous weights and forces involved in big rig collisions. Therefore, if you or a family member is seriously injured in a trucking accident, it is imperative that a skillful and experienced truck accident lawyer be contacted immediately after the accident to protect your rights.

Resources:

2 lanes of southbound 101 in San Francisco reopened after big-rig fire, Oakland Tribune, October 17, 2011

The San Jose Police Department recently announced that it will no longer come to the scene of a non-injury car accident. The department is facing large budget cuts and will not be doing accident investigations for these types of car crashes. As an Oakland personal injury lawyer, I have seen this trend for years. The cities of Oakland and San Francsico frequently will not respond to non-injury automobile accidents either. So the question becomes what should you do to protect yourself if you have been involved in a traffic accident and the police will not respond?

The following are some tips to follow if you have been involved in an accident where the police will not investigate.

Photos, Photos, Photos: Many people today have digital cameras on their phone. It's important to document a scene after an accident occurs. Therefore, if you can, take pictures of the cars where they came to rest after the collision. This will help reconstruct the accident if there is any conflict between the parties as to how the accident occurred. It's also important to photograph skid marks. The length of the skid mark can later be used to determine the speed of the vehicle at the point of braking. If there is debris on the ground, such as broken headlights, taillights, or other car parts, these should be photographed as well. These photos can be used to establish the point of impact which again can be useful in determining fault in the accident.

Personal Information: Get as much information as you can from the other person(s). At a minimum you should have their name, address, home telephone, work telephone, driver's license number, and car license number. Again if you have a camera phone, a simple way to capture this information is to photograph the other person's driver's license, confirming with the other person that the information is current. Additionally, getting the person's employment information is important as well. All of this information is useful, because if you cannot resolve your claim with the insurance company, you may have to sue the individual. If you are going to sue for damages related to your auto accident, you will need to know the location of the person who hit you so you can have the complaint properly served on them. People move frequently, so that's why it's good practice to have their employment information as well.

Insurance information: The law requires that a person carry proof of insurance with them while driving their car. The proof is generally on a small card or piece of paper which has been prepared by the insurance company. You need to get the name of the insurance company and the policy number. The proof of insurance will also have the dates of coverage. You want to make sure that the policy was in effect at the time of the accident.

Witness information: If there are independent witnesses, you should get their names, addresses, and telephone numbers. If there is any dispute as to who is at fault for the accident, the insurance companies, and for that matter, judges and juries put great weight on independent witnesses. Don't assume that just because the other person admits fault at the scene of the accident, that you don't need the names of witnesses. It is not uncommon for parties to change their minds about what they believe happened after an accident. If this is the case, an independent witness will be very valuable in helping determine the truth about the actual facts of the accident.

Frequently, people suffer personal injuries at the scenes of accidents but do not feel it immediately. There are several reasons for this. Adrenaline rush may mask symptoms initially. Also, it takes time for inflammation to develop. That is why people who suffer a neck or low back sprain often do not feel the symptoms such as pain, stiffness, and loss of motion for several hours following a collision.

If you follow the above steps following an accident, you will have obtained all of the information that a police officer usually gets when making a report. If it later turns out that you are injured and need to file a personal injury claim, or the other person changes their version of how the collision occurred, then your rights will be protected. For further information following an accident, read "Eight Common Mistakes That Can Cost You Thousands of Dollars When Dealing with Insurance Adjusters."

Cash Strapped San Jose Police Won't Respond to Low-Priority Calls, CBS San Francisco, August 17, 2011

A five year old Fremont girl was recently attacked by a German Shepherd causing her serious personal injuries. She was with her parents visiting friends when the dog, without provocation, bit the girl on her ear, severing the tip of it. She was taken immediately to the hospital. Reportedly, the dog had a prior history of other aggressive behavior and biting incidents. Local authorities euthanized the animal.

The law regarding incidents such as this is clear. Civilly, the owner of a dog is strictly liable for personal injuries caused by his animal. California Civil Code section 3342 states that the owner of a dog is liable to anyone who is bitten by their dog in a public place or lawfully in a private place, regardless of whether the dog had previously bitten anyone else. In other words, California places the responsibility for personal injuries caused by dog bites squarely on the dog owner. The owner is responsible for all damages caused, regardless of whether the owner was negligent in owning, training or otherwise watching over the animal.

In addition to the owner of the dog, others may also be legally liable for dog bite attacks. For example, a landlord may be liable if one of his tenants' dogs bites someone under certain circumstances. If the dog had dangerous propensities, or had previous aggressive behaviors, and the landlord either knew or should have known of the dog's history and failed to take reasonable precautions to protect the public against the dog, the landlord can also be held responsible for the personal injuries caused by the dog.

Dog bite attacks are generally covered by the owners' homeowner's insurance or renter's liability insurance. The insurance carrier is responsible for all medical expenses, costs of plastic surgery, scar revisions, and other reasonable and appropriate medical treatment. Additionally, the insurance carrier would be required to reimburse for any lost wages caused by the attack, and for general damages for pain and suffering. The pain and suffering component of the claim is often the largest component of the settlement, as there is often permanent physical scarring and emotional trauma as well.

Dog bite attacks where there is scarring should not be settled for at least one year following the injury. The reason for that is that it generally takes one year for the scar to completely heal. At this point, a well qualified plastic surgeon can evaluate what type surgery, if any, would best ameliorate the scar. A report can also be obtained at this point fully documenting the need for any and all future treatments and the costs thereof.

As a Fremont personal injury lawyer who has represented numerous dog bite victims over the years I know how traumatizing these attacks can be. I also know the importance of getting top notch medical care and retaining the best plastic surgeons to properly evaluate these injuries. If you have been bitten by a dog, you should know your legal rights and be treated by a plastic surgeon who is attentive to the needs of dog bite victims in order to be fairly compensated for your personal injuries.

Resource:

Oakland Tribune, Dog bites, injures 5-year-old Fremont girl, April 28, 2011

As an Oakland personal injury lawyer for over 27 years, I have seen how simple mistakes when dealing with insurance adjusters can cost client auto accident victims dearly. I have written a brochure to help people who have been involved in accidents, entitled "8 Critical Mistakes that Can Cost You Thousands of Dollars If You've Been Injured in an Accident." I previously blogged about the mistake of signing medical authorizations. Today, I would like to discuss the number 1 mistake people make, which is giving written or recorded statements to insurance adjusters.

Frequently, within days and sometimes within hours of a car accident, insurance adjusters for the other person's insurance company will give you a call to discuss your claim. Invariably, in that initial conversation they will ask for a recorded statement. It is always a mistake to agree to this. Adjusters may say they need it if you wish to settle your claim. Or they may be more brazen and question whether you have something to hide. They will say anything to coax you into giving the statement. You don't have to give it.

What is the problem with cooperating and giving the recorded statement? There are several. First, the insurance adjuster has a distinct advantage over you in terms of knowledge about claims. For most people, giving a statement to an adjuster is a rare event; but for the seasoned adjuster, they have taken literally hundreds if not thousands of statements. Therefore, they know what information is helpful to their position and harmful to yours, and you don't. Second, insurance adjusters will often ask questions about things that they are not entitled to know about. Without proper understanding of the law, the innocent victim has no way of knowing what information the insurance company is or is not entitled to. Next, questions about how an accident occurred or the nature and extent of injuries, can be vague or ambiguous. You may be thinking the adjuster is asking you one thing, when in fact they are really asking you something else. Or you may give an ambiguous statement that is later twisted in its meaning so that the words are used against you. Or you may simply make a mistake in your statement, which you later realize but it is now too late to correct.

The bottom line is there is no upside potential to giving a statement, written or recorded, to an insurance adjuster, and there is plenty of downside. Once the statement is given, it can never be retracted. You can later try to explain what was meant or why you said a specific thing in giving the description of the accident or a description of your injuries, but the insurance company will continually harken back to what you said within days of the accident.

If you have been injured in an auto accident which was caused by someone else's negligence, you have a legal right to file a personal injury claim. Legally, you are entitled to compensation for all of your medical bills, those incurred and those likely to occur in the future, all of your lost earning, past and future, and full compensation for the pain and suffering you have experienced. In the case of serious injuries, the pain and suffering may be a permanent, life long condition. It is truly a tragedy when one who is seriously injured in a car accident does not receive full compensation for these losses due to simple mistakes, which were made when giving a statement to an insurance company, before contacting a personal injury attorney.

Many California insured drivers are surprised to learn that their underinsured motorist coverage does not cover them to the full extent of their coverage. So, for example, when you purchase a $100,000.00 worth of under insured coverage, you will never, under any circumstances, recover the full amount of that policy. This is because California insurance law grants the insurance company a set-off or deduction for any money the injured person received from the underinsured driver.

Here is how an underinsured motorist claim is currently handled in California. First, one must have underinsured motorist coverage which has higher limits than the at fault driver who caused the accident. Second, their personal injury claim must be worth more than the limits of the other driver, and one must settle their personal injury claim against the at fault driver for the full amount of that person's policy. Third, they make a claim for the full amount of their damages, up to their underinsured limits, against their own policy. And finally, and here is where the inequity arises, the insurance company deducts from their claim any monies the injured person received from the settlement with the third party.

Here is how the program worked in a recent San Jose auto accident case where I represented a car accident victim in a personal injury claim. My client had a policy with $100,000.00 of underinsured motorist coverage. He was involved in a frontal collision with another driver. The at fault driver had liability limits of $50,000.00. As a result of the car crash, my client herniated a disc in his low back. He required surgery to repair the disc in his back and missed several months of work. The value of his personal injury claim was clearly worth more than $150,000.00 due to the pain and suffering he endured, his lost earnings, and medical expenses which were over $80,000.00. The case was settled with the other driver for the full amount of his limits of $50,000.00. Next a claim was made against my client's underinsured motorist policy. Due to the extent of his injuries and damages, fairness would dictate that he was entitled to the full amount of his underinsured coverage, i.e. another $100,000.00. However, he was not entitled to the full $100,000.00, only $50,000.00. This is because his insurance company was legally entitled under existing California law to take a full set off for the amount received from the other driver.

This is unfair and must be changed. Whether someone purchases $100,000.00 worth of coverage, or any other amount of coverage, the insured expects that they will be covered up to the full amount of the coverage. Under California law as it now exists, however, the insurance companies never have to pay the full amount of the coverage, because there is always a settlement with the third party, which always entitles them to their deduction.

The California legislature and Governor Brown have an opportunity to help policyholders and correct this inequity. There is currently a bill before the Assembly, AB 1063, which will take away the insurance companies' right to the set-off. This is the law in over half the States. As an Alameda personal injury lawyer, who has personally seen how the current law has resulted in great hardships and unfairness to California car accident victims, I strongly support the passage of this bill.

Resource:

AB 1063

Last night the driver of a stolen car caused a serious personal injury accident. The accident occurred at 60th and Camden Street in Oakland. The driver of a stolen Toyota slammed into the side of another vehicle driven by a mother who had her four daughters in the car. All four children were taken by ambulance to a nearby hospital. The driver of the stolen car fled the scene on foot.

Stolen cars are generally not covered by liability insurance. The reason for this is that only the named insured and persons whom the owner of the vehicle gives permission to drive the car are covered by the insurance. In this accident, since the car was stolen, the owner did not give the driver permission to use the car and therefore, there will be no insurance coverage for the negligence of this driver. However, the mother and her children will be covered for their personal injury damages under their own insurance plan if there is adequate uninsured motorist coverage on her vehicle.

Uninsured motorist protection will protect people who are hit by uninsured drivers, hit and run drivers, and stolen vehicles. As long as there is an actual contact between the uninsured vehicle and the insured vehicle the coverage will apply. In other words, it will not apply to a hit and run situation where someone is run off the road, but there is no actual contact between the fleeing driver and the insured.

The uninsured motorist will be able to recover against their own policies for all personal injury damages that they would have been able to recover against the uninsured hit and run driver, had that person had insurance. Therefore, a person who is injured in an auto accident by a hit and run driver can recover compensation for pain and suffering, for their medical bills, both past and those likely to occur in the future, and lost wages and loss of earning capacity. The claim is only limited by the amount of the uninsured motorist coverage purchased.

Uninsured motorist coverage is required by law in every policy of automobile insurance that is sold in the State of California (Insurance Code Section 11580). However, the insurance can be waived, if the insured does not want the coverage and signs a written waiver. Some people make the mistake of waiving this coverage in an effort to lower their insurance premiums. I see this frequently with minimum coverage policies and insurance companies that write insurance for high risk drivers. However, this is always the wrong decision to make.

The California Department of Motor Vehicles reports that there are over 1.3 million uninsured drivers in the state. As auto insurance becomes more expensive, the number of uninsured drivers will only increase. Therefore, I strongly recommend that you carry uninsured motorist limits in an amount as high as your own liability limits. If you are unaware of what your limits are, you can refer to the declaration page of your automobile insurance liability policy.

As an Oakland uninsured motorist lawyer, I see in my daily practice of representing personal injury victims, the importance of having adequate uninsured motorist coverage. For more information on the do's and don'ts of uninsured motorist claims, see my articles on uninsured motorist and underinsured motorist claims.

Resources:

The Oakland Tribune, Driver of stolen Toyota broadsides car carrying mother, four daughters in East Oakland, March 17, 2011

Frequently, I see critical mistakes that people make when dealing with insurance adjusters regarding personal injury claimscaused by car accidents. These mistakes are generally made before they have contacted a lawyer regarding their claim. As an Oakland Alameda personal injury attorney, I have written a brochure entitled "8 Critical Mistakes that can Cost you $$$ If You've been Injured in an Accident," which you can obtain from my website. Today, I would like to discuss one of the biggest mistakes the uninformed make.

Soon after most accidents, an injured person will receive a telephone call from an insurance company adjuster. Often times, it may not be clear who the adjuster represents (this is especially true if the other person and you are insured with the same company). After some initial inquiry, the adjuster will innocuously ask if she can take a recorded statement from you. Most people, feeling that they have nothing to hide, will agree and give the recorded statement.

Unfortunately, this is one of the biggest mistakes that can be made. First of all, people are often still under the effects of medications if they have been seriously hurt. One cannot give a clear and accurate statement if they are on pain medications, even if they may be feeling up to it. Secondly, most individuals have never had a claim before. Therefore, they have no idea of the type of questions that will be asked. If not thought through ahead of time, they can give erroneous or incomplete answers to questions. While the injured person has never given a statement before, the seasoned insurance adjuster has taken thousands of statements and knows how to elicit information which will be helpful to the insurance company but harmful to the injured person. If you have been injured in an automobile accident, most personal injury lawyers will provide you with a free consultation to advise you of your rights. An early phone call to a lawyer before talking with the insurance adjuster will prevent you from making mistakes that the insurance company adjuster will later use against you.

An increasing number of Bay Area hit and run and uninsured motorist accidents points out the importance of uninsured motorist coverage. Most recently, an Oakland pedestrian was killed. In San Jose, a bicyclist was hit by a hit and run truck driver.

Uninsured motorist claims that would apply to cases like these have their own set of rules which are covered by Insurance Code Section 11580.2. Within those rules however are numerous traps for the unwary.

A recent California appellate decision, Blankenship v Allstate Insurance points out one of those traps which deals with the statute of limitations. In an uninsured motorist case, a claimant must demand arbitration or file a lawsuit against the uninsured driver within two years of the date of the accident or the claim will be barred by law. The case holds that this rule applies to minors as well as adults. Therefore, minors who are injured by hit and run drivers or uninsured drivers must have their claims settled or demand arbitration within two years of the date of their accident. Unlike, civil cases, the statute of limitations is not tolled until they turn age 18.

Uninsured motorist coverage is required in every automobile liability policy issued in the state of California, unless waived in writing. As an Alameda personal injury lawyer, I have seen many instances, in both hit and run, and uninsured accidents, where mistakes have been made by claimants because they were not familiar with the peculiar rules which apply only to uninsured motorist claims. It is vitally important that anyone involved in a hit and run accident or uninsured claim know their rights under their uninsured motorist coverage.

Resource:

Blankenship v Allstate Insurance (2010) 186 Cal.App. 4th 87

In the early morning hours of October 5, 2010, an intoxicated driver caused a car accident in the Alameda Webster Tube resulting in serious injuries to an innocent driver. Alameda police reported that two officers had pulled a driver over for speeding as it entered Alameda from the Webster Tube. After being stopped, the driver then took off, cut across a dirt lot and then headed back into the tube against the flow of traffic. He then ran head on into a Toyota Corolla causing serious injuries to that driver. That driver is in critical condition at Oakland's Highland Hospital. After striking the Toyota, the drunk driver's car then struck a third car, causing injuries to the two occupants of that car.

Several legal questions arise from this Alameda personal injury auto accident. There will be questions about both legal damages and the apportionment of those damages since three individuals were injured in the accident.

The injured parties will be entitled to compensatory damages for both economic and non-economic losses. Economic losses include such damages as medical expenses, future medical expenses, loss of earnings, loss of earning capacity, and other financial losses. Non-economic losses would include damages for things such as pain, suffering, interference with enjoyment of life, and other non-tangible losses. The problem in a case like this however, is that there may not be enough insurance to adequate compensate all three of the victims. California law only requires that a driver carry minimum liability limits of $15,000.00/$30,000. If the drunk driver has a minimum policy, the parties will have to apportion the proceeds in the most equitable manner which could produce an unfair result.

As an Alameda personal injury lawyer, I often see how California's low liability requirements create underinsured problems for victims of car accidents such as this one. In order to protect yourself against a low limits driver, or to protect yourself in the case of an accident with multiple parties, you can contact your insurance agent to request sufficient underinsured motorist coverage to adequately cover you.

Resource:

Oakland Tribune, Police Arrest Two After Collision in Webster Tube, October 5, 2010

I remember from my days of high school Latin, the term "Cave Canum"-- Beware of Dog. It appears the problem hasn't gotten any better since the old days of Rome. The Center for Disease Control calculates that there are 4.7 million dog bites per year in the United States. Of these over 800,000 result in the dog bite victim requiring medical care.

If your dog bites someone, generally your homeowners insurance will cover such a claim. A recent study by the Insurance Information Institute finds that the average cost of dog bite claims has increased to $24,840.00. Of course, many claims are settled for much more if the injuries result in permanent scarring, disfigurement or death. Each claim is different depending upon the severity of the dog attack and the harm to the victim.

In California, dog owners are strictly liable for injuries caused if their dog bites someone. This means that the owner is liable even if he is not negligent. Therefore, if you own a dog you should take all steps necessary, such as using a leash at all times, to prevent your dog from biting others. If you are bitten by a dog, you should know your legal rights in California. As an Oakland personal injury lawyer, I have seen the tremendous harm that can be caused when a dog viciously attacks some. If you have suffered a serious dog bite, you should review my article "What are Your Rights if Bitten by a Dog?"

Resource:

Insurance Information Institute, August 2010

The number of uninsured motorist injury accidents in Alameda County and throughout the State of California is astounding. This post addresses the problem and potential solutions to protect you against uninsured drivers.

If you are involved in an automobile injury accident in Oakland or throughout Alameda County, the odds are almost one in five that one of the parties will be uninsured. The State of California Insurance Department does not release information of the current numbers of California uninsured drivers, but as of 2004, a study released showed that over 13% of Alameda county drivers were uninsured. In some counties, the percentage exceeded 20%. More recently, The Insurance Research Council estimate the percentage of uninsured drivers on California highways to be approximately 18%. That's almost a one in five chance that your automobile injury accident will be involving an uninsured driver.

Fortunately, California law requires that all insurance policies include coverage against uninsured drivers. The coverage however can be waived if done in writing.

As a Oakland personal injury attorney, I recommend to my clients to never waive the uninsured motorist coverage on their policies. Also, it is important to have your uninsured motorist limits equal your liability limits. In this way, you will be protected if you have the unfortunate experience of being involved in an uninsured motorist accident.

For further information, see the article "Uninsured Motorist Coverage--What you Should Know".

Resources:

Don't Go Without Auto Insurance, LA Times, 5/28/2010

California Department of Insurance, Estimated Rate of Uninsured Motoists, 2002 - 2004