Oakland Personal Injury Lawyer Blog

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

As an Oakland personal injury lawyer, I am constantly representing folks in car accidents and motorcycle accidents. The California legislature has passed new laws affecting drivers of motorcycles and regular vehicles that go into effect this year.

Effective January 2, 2011, the following laws become effective:

Motorcycle drivers under the age of twenty-one will be required to complete a special motorcycle safety course before receiving their driving permit.

There are changes for drivers of hybrids and other fuel efficient cars. The prior law that permitted certain fuel efficient vehicles to display HOV stickers will be extened until July 1, 2011. Fully electric and natural gas vehicles will have white stickers which will be valid until July 1, 2015.

Effective July 1, 2011, in an effort of ensuring that traffic convictions are recorded by the Department of Motor Vehicles, local authorities may not enact or enforce a local ordinance on any matter covered by the California Vehicle Code. In Alameda, the local traffic court often charged a traffic violation under a local ordinance so the ticket would not go on the driver's record. This law will eliminate that practice.

Effective January 1, 2012, any drunk driver convicted of a third DUI can receive a ten year revocation of his license with possible reinstatement if certain conditions are met.

Hopefully, these new laws will make driving on our California roads a safer experience for all California drivers.

Resource:

California Department of Motor Vehicles, California DMV Announces New 2011 Laws

The Governor signed a new law, AB 2284, on October 1, 2010 which will give car accident victims in Alameda County and throughout the State quicker and less expensive access to the court house.

The majority of Alameda personal injury auto accident cases generally involve less serious injuries such as neck and back sprains and strains. For years now, insurance companies have taken a hard stance on settling these claims and have forced many of them to trial by offering very low settlements. The trials would often last three to four days and would be expensive for the injured person to litigate. It was not uncommon to see insurance companies pay more to their lawyers and expert witnesses than they would to actually settle the claim of the injured person.

This new law will allow the parties to have their day in court, but will severely limit the expenses involved. Each side will be given three hours to put on all of their evidence. There will be a smaller jury panel (8 instead of 12 jurors). It is the intention to have cases heard in one day, including the jury selection.

As an Oakland personal injury lawyer, I believe this law will go a long way to providing justice to those involved in less serious automobile accidents. The injured parties will get their day in court without expending exorbitant amounts of money. Jurors who will not have to spend days or weeks in trial, will also be happy with this expedited process. The law will become effective on January 1, 2011.

Resources:

Consumer Attorneys of California, Governor Signs Expedited Jury Trials Act, October 1, 2010

In 2008, Shelby Allen, age 17, died from alcohol poisoning while drinking vodka at a friend's house while the parents were in their bedroom. In response to this tragedy and others like it, the Mothers Against Drunk Drivers and the California Consumer Attorneys of California teamed together to pass a bill to help prevent these senseless tragedies. It was recently signed into law by the governor.

In California, parents had previously been immune from lawsuits even if they knew minors were drinking alcohol on their premises. The new law, The Teen Alcohol Safety Act of 2010 will allow party hosts to be sued if they serve alcohol to a minor who is subsequently injured or killed. While this law won't totally prevent teen alcohol deaths, it should go a long way towards limiting the amount of alcohol drinking that goes on with the full knowledge of parents and other adults.

The most important thing is to keep our children safe. Our teens should know the warning signs of alcohol poisoning: vomiting; person cannot be aroused; or the person is semi-conscious or unconscious. If any of these signs are present, 911 should be called.

As an Oakland personal injury attorney, I have seen the untold harm caused by teen drinking: Countless auto accidents, and too many deaths such as Shelby Allen's. If this law can help prevent even one such death, it will have been well worth the effort to get the law passed.

Resources:

San Francisco Chronicle, Bill holding hosts liable for alcohol advances, August 9, 2010

Shelby's Rules - an Alcohol Poisoning Education Foundation