San Diego Car Accident Lawyer Blog

The Jurewitz Law Group is currently working to develop a book for the public describing, among other things, a number of mistakes car accident victims make in handling their claims.

One of the key mistakes occurs when car accident victims trust the at-fault driver's insurance company to treat them fairly. Or politely. Here is what everyone needs to know: The insurance company does not work for you, does not need to treat you fairly, and does not have your best interests at heart.

Our office constantly receives calls from potential clients who were cooperating with the insurance company, providing the carrier with a recorded statement and authorizations for medical records, only to find that the insurance company would not return the favor by making a fair offer or refusing to fairly negotiate the claim by using "take it or leave it" tactics.

Not every accident victim needs an attorney and certainly most people do not like the idea of hiring an attorney. Insurance companies play into that feeling by being friendly, courteous, and sympathetic. They insist that victims don't need an attorney and that the insurance company will "take care of everything". They sometimes try to make a quick, nominal settlement--even promising to keep medical treatment "open" or a set amount of time.

All of these tactics are designed to do one thing: to unfairly reduce the amount the insurance company will pay the claimant.

As one expert once said: Insurance companies can handle claims quickly or fairly, but rarely do they do both.

If you are a car accident victim, deal with the insurance company at arms' length. Do not believe they will do anything that is not in their best interest. Also, if you require any ongoing medical care after your car accident, it is best to at least consult as early as possible with a car accident personal injury attorney. You can always decide after the free consultation that you do not need an attorney. However, the additional knowledge you will gain after meeting with an attorney will be invaluable.

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Earlier this week, the California Department of Insurance ordered Allstate Insurance Corp. to reduce its' homeowner insurance rates by $255 million. The ordered reduction comes in response to to Allstate's request to raise premiums for homeowners by 9.8%. Instead, the Department of Insurance ordered a reduction of 28.5%--slightly less than the 30% reduction advocated by Consumer Watchdog, a consumer advocacy group.

The reduction will represent an average annual savings of $243 for Allstate's estimated 850,000 homeowner policy holders in California.

In April, the Department of Insurance also ordered Allstate to reduce its' auto policy premiums by 15.9%--representing another premium cut of $250 million per year.

It seems that Allstate has become the victim of its' own aggressive, low-ball claims tactics--the same tactics that led the American Association of Justice (formerly known as the Association of Trial Lawyers of America) to name Allstate the worst insurance company for consumers earlier this week. The AAJ report specifically points to Allstate's use of the consulting firm of McKinsey & Co. in the mid-1990s to develop a scheme to force claimants to accept lowball offers or go to trial.

Allstate's relationship with McKinsey & Co., and the subsequent development of Claim Core Process Redesign (CCPR) and other tools to lower claims payments, has been well told lately in the book From Good Hands to Boxing Gloves by New Mexico trial lawyer David Berardinelli.

In addition to Allstate's aggressive lowball claims payment process, Allstate has also systematically limited the types of claims covered under their policies by increasing the number and type of exclusions. Insurance companies use exclusions to prevent their obligation to make a claim payment at all for types of claims that one might assume were covered under their policy. For example, Allstate has moved to exclude all mold claims and certain water leak damage claims from coverage.

All of this has led to Allstate earning record profits while they reduce the amount paid for claims while keeping their premiums at the same level.

Now that Allstate has been ordered to reduce their premiums, it remains to be seen how they respond. Will they only further ratchet up their efforts to lowball claimants? Will they push for policyholders to purchase "enhanced" policies with fewer exclusions, albeit at a higher price? Unfortunately, my suspicion is that Allstate will try to increase their profits by forcing more claimants to trial. That has been Allstate's modus operandi for years and it would be surprising to see them change now.

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Today, California begins enforcing its Hands Free Cell Phone law.

Starting today, police officers are citing motorists talking on a cell phone without a hands free system. First time offenders will be fined $20. Subsequent offenses are subject to $50 fines.

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An elderly man and woman were injured Friday evening when their car went under a tractor-trailer during rush hour. The CHP is currently investigating how the accident occurred.

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The accident happened just north of Aero Drive on northbound Interstate 15. During the accident, the front half of the Kia Spectra wedged underneath the left side of the truck's trailer, crushing the rook of the car.

The accident closed the right 3 lanes of traffic while police and rescue personnel attended to the couple.

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Craig Yerkes, a member of the The Grams, was killed in a car crash on Saturday at 11:30 a.m. when his speeding vehicle struck a tree on Camino del Rey in Bonsall, California. Yerkes was 40.

Witnesses told California Highway Patrol officers that they heard Yerkes' vehicle accelerate--up to 100 mph or more--before it veered sharply and struck a tree head-on. CHP is investigating the cause of the accident, which may include a defect in the vehicle.

The Grams had been together for about 5 years and had just released their second album. At the last two San Diego Music Awards, the Grams won the Best Americana honors.

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Posted In: Vehicle Defect , Wrongful Death

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On Saturday, three people were injured when they were hit by a vehicle at the Pacific Beach farmers market in the parking lot in the 4100 block of Mission Boulevard near Pacific Beach Drive.

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Among the injured were a 70 year-old man who suffered a broken leg.

The driver of the vehicle remained at the scene following the accident and spoke with police officers. He was not placed under arrest.

It is hard not to be reminded of the July 2003 accident that occurred at the Santa Monica farmers market when 10 people were killed and 63 others injured. Our thoughts and prayers go out to the families of the victims in this accident. We hope they have a speedy recovery and we hope that, to the extent the driver is responsible for any criminal wrongdoing that he is prosecuted.

If you are a pedestrian and are struck by a vehicle and injured, please contact the Jurewitz Law Group for assistance and legal guidance.

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Posted In: Pedestrian Accident

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This past Friday, a Buffalo, NY judge revoked Buffalo Bill running back, and former California Bear star, Marshawn Lynch's driver's license for failing to stop after hitting a pedestrian. The accident happened at 3:30 a.m. when Mr. Lynch's 2008 Porsche Cayenne SUV struck a 27 year-old woman in Buffalo's bar district.

Administrative Law Judge Thomas Gagola found Mr. Lynch's behavior "constituted a reckless disregard of human life or property" and imposed a $100 fine and $50 surcharge after Mr. Lynch pled guilty. The evidence at the hearing showed that the victim, Kimberly Shpeley, had suffered a bruised hip and a cut on her thigh which required seven stitches to close.

Mr. Lynch repeatedly expressed his shock that he was involved in an accident that night. He did not recall his car striking anything.

This case is another illustration of a very simple rule: if you are involved in a car accident, stop. If anyone is possibly injured or property is possibly damaged, exchange contact and insurance information with the other parties involved. It is also a good idea to contact the police for any accident other than a trivial, minor accident so that a report can be created.

These rules only help to protect you and document what happened during the accident. It also prevents the situation where--like Marshawn Lynch--you are facing having your license revoked for failing to stop.

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Posted In: Hit and Run Accident , Insurance

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Times are tough and consumers want to get the best price they can. Whether it's buying a car, shopping for gasoline, or even shopping for insurance, we want to save money.

The insurance companies know this. All you have to do is look at their advertisements. Whether it is the cashier in an insurance grocery store who shows you how much you save, or the actor who plays the President on 24 promising you a safe-driver discount, the message is clear: our company will save you money because that is what is important when you buy insurance.

But wait!

Before you run out to find the cheapest insurance policy that will get you out on the road, think about why you should spend a little more money on a better policy.

Here are 4 key reasons.

Continue reading "San Diego: 4 Reasons Not to Buy Bargain-Rate Insurance" »

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Posted In: Buying Insurance , Insurance

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Welcome, readers.

Building upon our success publishing the San Diego Injury Lawyer Blog, the Jurewitz Law Group has launched the San Diego Car Accident Attorney Blog to educate and inform car accident injury victims in San Diego of their rights, the pitfalls after being in a car accident, and how to avoid being abused by insurance companies looking to protect their bottom lines.

We will also report upon recent accidents. However, the point will not be to simply make you aware of a recent accident but to use the specific facts of an accident as a jumping off point to help you if, or when, you are ever involved in a car accident.

Please add our blog to your RSS feed to receive our updates automatically on your homepage or your reader program.

Enjoy.

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Posted In: Client Service , Insurance Companies and Adjustors

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