Personal Injury FAQ

Absolutely. We operate on a contingency fee basis, which means you don't pay anything upfront. We only receive payment if we successfully secure compensation for your case.

Yes, it is worth hiring an attorney for a car accident to ensure you're not taken advantage of by insurance companies, especially if you've been injured. A good attorney can provide essential guidance and support throughout the legal process, helping you navigate potential hidden injuries and secure the compensation you deserve.

Yes, it is worth hiring an attorney for a car accident to ensure you're not taken advantage of by insurance companies, especially if you've been injured. A good attorney can provide essential guidance and support throughout the legal process, helping you navigate potential hidden injuries and secure the compensation you deserve.

You may need a defense lawyer if you caused a car accident, but your insurance will defend you if someone else sues. If you were injured, you likely won’t need a personal injury lawyer because you can’t seek compensation from insurance since the accident was your fault.

Yes, if you were injured in a car accident that wasn’t your fault, you should probably get a lawyer to represent you. However, if only your car was damaged in an accident that wasn’t your fault, you probably don’t need a lawyer.

You should probably get a lawyer even for a minor car accident if you were injured. Because the accident was minor, obtaining fair compensation might be trickier, making it even more crucial to hire a lawyer for assistance.

You'll have a dedicated case manager who will guide you through your medical treatment and keep you updated every step of the way. Additionally, a team of attorneys will handle all negotiations on your behalf.

Our law firm operates on a contingency fee basis, meaning we take a percentage of the settlement as our fee. This percentage varies depending on the case, typically falling between 20% and 45%.

It's typically not too late to get a lawyer for a car accident so long as you haven’t already signed a settlement agreement with the insurance company and the statute of limitations hasn’t expired yet.

After a collision, call 911 and move your vehicle out of traffic. You should also exchange necessary information with the other parties involved, including driver's license, vehicle registration, insurance details, and addresses.

Yes, you should call the police after a car accident in California. However, keep in mind that some police departments may not dispatch officers unless there are reported injuries. In some cases, they may only facilitate an exchange of information without filing a traffic collision report.

Failing to report a car accident to police within 24 hours in California can lead to serious consequences, such as losing your driver’s license, fines, criminal charges, or jail time. California Vehicle Code Section 20008 requires you to report an accident within 24 hours to the California Highway Patrol or the police department of the city in which the accident occurred when the accident caused injuries or death.

An SR-1 Form is a document you need to fill out if you're in a California traffic accident resulting in injury, death, or property damage over $1,000. You must submit it to the DMV within 10 days of the incident. You can find the form on the DMV website here.

The time you have to report an accident to your insurance depends on your policy. Not telling them in time could mean they won't cover it.

No, you're not obligated to provide a recorded statement to the other driver's insurance. Anything you say could be used against you later. If it's your own insurance, you might have to, but you can delay it until you speak with a lawyer.

In California, making a claim with your insurance or the other driver's typically won't raise your premium unless you're mostly at fault, at least 51%.

In California, being at fault in a car accident means you're liable for property damage, medical bills, lost wages, and related costs, as the state holds drivers accountable for their actions. If you're found at fault, your insurance provider will manage claims from others involved. If you don’t have insurance, you may be sued personally.

In California, we use comparative liability rules. This means if you're partly at fault, your compensation may be reduced accordingly. For instance, if you're found 50% responsible, you'll only receive 50% of the damages.

If you didn't have insurance when the accident happened, California Prop 213 might prevent you from getting money for your pain and suffering. However, you can still get compensation for medical bills and related expenses.

 If the person responsible for an accident in California doesn't have insurance, then they are personally responsible for covering the damages themselves. Victims can seek compensation through their own uninsured motorist coverage if the purchased it, otherwise they’ll have to sue the uninsured driver directly to recover their losses.

If you've hit a parked car in California, it's imperative that you take responsibility by trying to find the owner and leaving a note with your contact details if you can't locate them.

Collision coverage helps cover the repair or replacement costs for your vehicle if it's damaged in a crash with another vehicle or object, no matter who's at fault. You pay a deductible, and the coverage takes care of the rest. Lenders usually require collision coverage if you're financing or leasing your car.

A deductible is the portion of expenses you must cover before your insurance kicks in. It applies to collision and comprehensive coverage.

Yes, it's best to get your car out of the tow yard promptly. They charge you daily for storing your vehicle, and the other driver's coverage might not be enough to cover your repair costs, towing, rental, and storage fees. You're also obligated to minimize your losses, so it's essential to remove your vehicle from the tow yard as soon as possible. If you have collision coverage, your insurance company may handle this process for you. Before retrieving your car, make sure to take photos for documentation.

Yes, unless your insurance policy specifies otherwise. You're free to select the repair shop you prefer. You can also inquire with your insurance company for a list of their recommended repair shops.

Yes, insurance may cover a rental car while your car is in the shop. Some insurance companies will directly arrange a rental car for you, while others may require you to pay upfront and reimburse you later. Additionally, if you have rental car coverage as part of your policy, your own insurance company may provide you with a rental car during the repair process.

If the repair costs exceed the value of your car, the insurance company will compensate you for the car's worth. If you have collision coverage and file a claim with your insurance, you'll need to pay your deductible first.

Insurance is obligated to pay you the value of your car, not what you owe on your loan. For instance, if you owe $10,000 but your car is valued at $5,000, insurance will only pay you $5,000. Gap Insurance, however, covers this difference.

 If your car was hit and the responsible party's insurance refuses to pay in California, you can file a lawsuit against both the driver and registered owner. This may prompt their insurance company to engage in negotiations. Small claims court is also an option if your damages total $12,500 or less, which is a simple process for resolving disputes.

In California, the law recognizes that accidents can aggravate pre-existing conditions. Under the eggshell plaintiff doctrine, a defendant can still be held liable for exacerbating the injuries of someone with pre-existing conditions. This means that even if you had a pre-existing injury that was made worse by the accident, you may still have a valid injury claim.

Absolutely. If you don't have health insurance, you can either pay for your treatment directly or see a doctor on a lien basis, where you don't need to pay upfront. With a personal injury lien, the doctor will be paid from your settlement later on.

You might be eligible for compensation if you have Uninsured Motorist or Medical Payments coverage. Uninsured Motorist coverage can help pay for medical bills, lost wages, and pain and suffering resulting from a hit-and-run. Medical Payments coverage, also called Med Pay, can cover medical costs regardless of fault.

You might still be able to get compensated if you have Uninsured Motorist or Medical Payments coverage. Uninsured Motorist coverage can help with medical bills, lost wages, and pain and suffering if you're injured by an uninsured driver. Medical Payments coverage, also called Med Pay, can cover medical costs regardless of fault. Alternatively, you could consider filing a lawsuit against the uninsured driver directly.

Absolutely. To receive compensation for lost wages or reduced earning capacity, the car accident must directly cause the injury that prevents you from working.

Absolutely. To receive compensation for lost wages or reduced earning capacity, the car accident must directly cause the injury that prevents you from working.

The settlement amount varies depending on several factors. These include whether fault is disputed, the available insurance coverage, the severity and permanence of your injuries, the type and duration of medical treatment, the total medical expenses, any missed work, and other related factors.

 In California, there's no set minimum settlement for car accident injuries. The compensation depends on factors such as the severity of injuries, medical expenses, lost wages, and other damages, varying for each case based on individual circumstances and evidence presented.

To settle a car accident claim without a lawyer, gather all necessary documents and send a clear demand letter stating your damages and desired settlement amount. Be ready to negotiate and fully comprehend any offers before agreeing.

When faced with a lowball offer from an insurance company, it's important to remember that unrepresented individuals often receive such offers. This may occur because the insurer assumes you might not be aware of the true value of your claim, or they're attempting to expedite the settlement process. However, it's essential not to feel pressured into accepting a low offer. We advise against immediately accepting the initial offer and recommend exploring your options with experienced legal representation.

In California, even if a car accident claim is worth more than the at-fault driver’s insurance limits, their insurance company will only pay up to the limits of that policy. Options include suing the at-fault driver or asking for their personal contribution above their insurance limits, or making an underinsured motorist claim with your own insurance if your policy limits exceed the at-fault driver’s policy limits. 

The duration of your case varies. Some cases wrap up in a few months, while others stretch over several years. Factors like liability disputes, your recovery time, and the defendant's insurance coverage can influence the timeline. Typically, once you're done with medical treatment, we'll gather your records and bills and begin negotiations.

Car accident settlements can be delayed due to various factors, including the duration of your medical treatment, the promptness of medical providers in providing records and bills, the responsiveness and negotiation stance of the insurance company, and the possibility of litigation or settling outstanding bills post-settlement.

Yes. In California, having insurance doesn't shield you from being sued for a car accident. If your insurance doesn't cover all the costs, you could be sued for the difference.  

If someone sues you for a car accident, you have the right to respond within 30 days of being served with the Summons and Complaint, either through your insurer or by seeking legal representation on your own to defend your case.

 If you're sued for a car accident and have no assets, your insurance company is obligated to defend you. If you’re sued for a car accident, have no money, and don’t have insurance, you may have to defend yourself or somehow pay for a defense lawyer out-of-pocket.

Yes. In California, having insurance doesn't shield you from being sued for a car accident. If your insurance doesn't cover all the costs, you could be sued for the difference.  

Following the signing of a release and receipt of the settlement check, our liens department will handle your case. Here's the breakdown:

1. We'll review any outstanding balances with medical providers (e.g., copay, deductible, etc.).
2. Negotiations will be pursued for reductions in bills from medical providers under a personal injury lien.
3. Efforts will be made to minimize or eliminate other liens (e.g., health insurance, child support, workers’ compensation).

Please note that bill or lien reduction isn't guaranteed. Upon completion of the liens process, we'll disburse your net recovery to you.

In many situations, yes. This is known as "subrogation." It applies to various healthcare providers, like private insurers and government programs such as Medi-Cal, Medicare, and Tricare. Basically, if someone else caused your injuries, your insurer might ask for reimbursement. They covered your medical bills, but if not for the other party's fault, they wouldn't have had to.

Typically, it takes around 90 days, but this varies. Factors like the number and type of medical providers or creditors, their responsiveness, and willingness to negotiate all play a role. Government liens, especially, can slow things down. Medi-Cal, for instance, might take up to 8 months post-settlement. It needs 120 days to gather claims data from providers and another 120 days to craft an itemized lien.

You'll receive a check either by mail with UPS tracking or you can pick it up in person.

Your settlement funds are used to pay our law firm, medical providers, and/or creditors. Whatever's left after these payments is your net recovery.

Absolutely. We'll provide you with a detailed statement that shows exactly who's being paid and how much.