San Diego Car Accident Lawyer Blog

Earlier today in the health care debate, President Barack Obama used this analogy about his prior experience with auto insurance to support his argument for health insurance reform:

OBAMA: ... You know, when I was -- when I was young, just got out of college, I had to buy auto insurance. I had a beat-up old car. And I won't name the name of the insurance company, but there was a company, let's call it Acme Insurance in -- in Illinois. And I was paying my premiums every month. After about six months I got rear-ended, and I called up Acme and said, "You know, I'd like to see if I can get my car repaired." And they laughed at me over the phone.

Because really, this was set up not to actually provide insurance, what it was set up was to meet the legal requirements. But it really wasn't serious insurance.

Now, it's one thing if you got an old beat-up car that you can't get fixed. It's another thing if your kid is sick or you've got breast cancer.

Now, I'm no fan of auto insurance companies. I think they try everything they can, fair or unfair, lawful or unlawful, to reduce the amount they pay out on claims to the detriment of injured people. But, I do not believe for one second that the President's story is accurate.

Here is why.

Obama was dealing with his own insurance company. That is what is known as a "first party" claim when he reported the damage to his insurance company. It is known as a first party claim because he had a direct contractual relationship with his insurance company. When you have a first part claim, insurance companies are not so brazen as to deny a claim and laugh at their customer. Sure, they might lowball his claim payment but typically they do not deny the claim outright.

Assuming that his insurance company actually denied his property damage claim, the reason most likely is that Obama had failed to purchase collision coverage for his insurance policy. Therefore, he did not have the right kind of coverage to pay for the damage to his car (this also assumes that the other driver, who sounds like he was actually at fault, did not have insurance--if he did have insurance, Obama should have filed a claim with the other driver's insurance company). Collision coverage is available to pay for damage to your property, such as your vehicle, when either you damage your own property due to your carelessness (backing into a tree, for example) or if your car is damaged by an uninsured motorist. In California, a driver is not required to purchase collision coverage. It is completely optional.

It is most likely that Obama, when he was young and not making very much money, decided that he would not increase his insurance costs by purchasing collision coverage. That may have seemed like a very prudent decision given that Obama was driving an old beater that was not worth much money.

Unfortunately, that decision is often short sighted. This is a decision made by many Californians each year. I have seen many clients who completely lost their car after an uninsured motorist destroyed their car. With no insurance for the at fault driver and no collision coverage to pay for the damages, the car is simply lost forever.

While it may seem a good cost saving measure not to pay for collision coverage for a car worth $3,000 or less, I can assure you that the cost of replacing your vehicle after a total loss will seem insurmountable unless you have collision coverage. Your decision to save $20-40 a month will seem poor when all of a sudden you must pay $3,000 for a new vehicle.

Don't be an Obama. Purchase collision coverage for your auto insurance policy.

Continue reading "Don't Be an Obama: Purchase Collision Coverage for Your Auto Insurance" »

Sometimes it is unclear who caused a traffic collision. If that is the case, can a California car accident victim still be compensated even though they may be partially at fault for causing the auto wreck?

San Diego auto accident lawyer Ross Jurewitz answers this question and tells how you can receive compensation even though you are partially at fault for causing a California car accident in this important article. Follow the link for more helpful information.

If you would like more information about this and other issues affecting California personal injury victims, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all Californians.

If the other driver caused a San Diego car accident that injured you or damaged your car, should you report the accident to your insurance company?

San Diego auto accident lawyer Ross Jurewitz tells you you should report an auto accident that is not your fault in this important article. Follow the link for more helpful information.

If you would like more information, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

Nobody likes to admit fault. But if you have ever caused a San Diego car accident, you know that admitting fault is often not only the right thing to do but also allows you to receive some benefits from your insurance company.

San Diego auto accident lawyer Ross Jurewitz tells you why not reporting an accident you caused to your insurance company may be a costly mistake and how failing to report a car accident cost Hulk Hogan $1.5 million in this important article. Follow the link for more helpful information.

If you would like more information, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

George Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC") consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC's value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as "structured settlements," in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer's first line of defense. The blogs participating in this unified call to action are:

• The Complex Litigator (H. Scott Leviant)
• The UCL Practitioner (Kimberly Kralowec)
• Bailey Class Action Daily (Matt Bailey)
• California Employee Rights Blog (James J. Peters)
• An Appeal to Reason (Donna Bader)
• California Personal Injury and Insurance Blog (Jonathan G. Stein)
• California Debt Blog (Jonathan G. Stein)
• TrialLawyerTips.com (Mitch Jackson and Lisa Wilson)
• California Injury Blog (John Bisnar)
• San Diego Injury Lawyer Blog (Ross A. Jurewitz)
• San Diego Car Accident Lawyer Blog (Ross Jurewitz
• San Diego Injury Accident Lawyer Blog (Ross A. Jurewitz)
• California Nursing Home Abuse Lawyer Blog (Walton Law Firm LLP)
• San Diego Injury Law Blog (Walton Law Firm LLP)
• California Personal Injury Law Blog (Norman Gregory Fernandez)
• Biker Lawyer Blog (Norman Gregory Fernandez)
• California Credit Law (Mark F. Anderson, Carol Brewer & Andy Ogilvie)
• Lemon Law Blog (Mark F. Anderson, Carol Brewer & Andy Ogilvie)

Show your support of consumers' rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

A study commissioned by the Insurance Institute for Highway Safety has found that buyers of so-called minicars, like the Honda Fit, the Toyota Yaris, and the Smart Fortwo, sacrifice safety for the sake of economy and efficiency. You can read the IIHS Safety Report here.

The Report concludes that minicars save fuel due to their lighter curb weight and smaller size, but that the reduced size and weight also increases the likelihood of death and serious injury in a car accident. A IIHS representative states that the increase is "a big effect--it's not small."

You can read more in this New York Times story.

According to the study, minicars are involved in more multiple vehicle and single vehicle car accidents than any class of vehicles other than small cars.

Times are tough in San Diego and those tough times are affecting drivers and their ability to purchase insurance.

Even in good times, drivers often try to save as much money as they can by buying cheap insurance. We have all seen the commercials. "Call our insurance brokerage and we'll get you the best price for insurance. We'll save you money!" However, policy price is only one factor that drivers should consider when buying insurance.

A second factor, and really the reason why you buy insurance, is to protect you and your family. Car insurance does that in two ways. First, the insurance policy protects you in the event that you are at fault and cause a car accident. This is called "third party coverage" because the injured person is not part of the insurance contract between with you and your insurance company. Third party coverage by law MUST include coverage for "bodily injury" claims, i.e., claims of physical injury, and property damage claims to pay for car repairs.

Under California law, all drivers must carry car insurance with limits of at least $15,000 bodily injury coverage per person, $30,000 bodily injury coverage per accident, and $5,000 property damage. These limits have been on the books for years and have not adjusted for inflation.

As you can imagine, these limits are not sufficient to pay for all but the most minor car accidents. With the cost of medical care today, it is very easy for medical treatment alone to exceed $15,000--let alone the compensation necessary to pay for pain and suffering or for lost earnings while the injured person recovers. And any significant auto body repair can easily exceed $5,000.

Needless to say, possessing a minimum car insurance policy doesn't do anyone much good.

Continue reading "San Diego: What You Need to Know About Buying Car Insurance" »

Dozens of car accidents happen in San Diego every day. Fortunately, most are minor and don't cause injury. However, a large percentage of these accidents do cause some injury and leave victims wondering what they must do to protect themselves.

Without specific knowledge of what to do after a car accident, most accident victims are left at the mercy of insurance adjustors who are looking to exploit their lack of knowledge and the fact that they have not hired an experienced injury lawyer.

Here are some things insurance companies don't want you to know:

Continue reading "What Car Insurance Companies Don't Want You to Know, Part One" »

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.

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" »