Uninsured Motorists Benefits

Uninsured motorist coverage is required on all automobile insurance policies unless the benefit is specifically waived in writing by the insured. This is a provision which provides benefits to the occupants of the insured vehicle for personal injuries in the event that the owner and driver of another vehicle which caused a collision are uninsured. It is unwise to waive this provision. Although all vehicles and drivers are required to maintain liability coverage, unfortunately many vehicles are not covered by … Continued

Property Damage

Damage to a prized vehicle can be extremely upsetting as well as a major inconvenience. The law provides that a negligent party must pay for the cost of repair of the vehicle of an innocent party. If the cost of repairing the vehicle exceeds the fair market value of the vehicle, the wrongdoer is required to pay the fair market value of the vehicle taking into consideration the value of the vehicle immediately prior to the collision.. The innocent party … Continued

Pedestrians and the Uninsured Motorist

A pedestrian who is injured as a result of the negligence of an uninsured motorist may feel that there is no source of funds from which to make a claim for the injuries sustained. However, if the pedestrian has uninsured motorist benefits or medical pay benefits, there is a source of funds against which to make a claim. These benefits provide coverage if the owner of the policy or a member of the insured household is injured. These benefits apply … Continued

Medical Pay Benefits

Many automobile insurance policies provide for the payment of medical bills for injuries occurring to occupants of an insured vehicle regardless of the fault of the driver. This can provide a source of prompt payment for medical expenses arising as a result of a vehicle collision and does not prevent the injured party from proceeding with a claim against the wrongdoer. The injured party is therefore free to obtain the medical treatment needed from the health care provider of his … Continued

Insurance Requirements

With few exceptions, California Law requires that all motor vehicles be covered by liability insurance minimum benefits for injuries of $15,000 for injury or death to one person and $30,000 for injury or death to more than one person per incident, plus $5,000.00 for property damage. These figures have not changed for many years and for most individuals it would be unwise to carry such low coverage. Unfortunately many vehicles are not covered by insurance. Failure to maintain insurance could … Continued

Injured Children

A child under the age of eighteen may be entitled to bring an action for personal injuries even though more than two years have passed since the date of the injury. Generally a child has up to his or her 20th birthday in which to bring an action for personal injuries. This general rule does not apply in healthcare malpractice claims and in certain other cases and in those cases a claim or action must be filed within a short … Continued

Government Claims

In California, claims for injuries caused by a state or local Government Entity such as a city, county or state agency, must be filed within six months of the date of the incident or the right to recovery for injuries may be barred by law. In many cases an individual is unaware that a government entity is involved. It is therefore important that a person receiving injuries a s a result of an accident or healthcare malpractice immediately seek the … Continued

A Time to File

California law requires that personal injury claims (other than medical malpractice) must be settled or filed in court within two years of the date of the injury. In health care malpractice claims an action must be filed in court within one year of the date that the patient knew or should have suspected that the care provider did something wrong which caused injury (with a maximum time period of 3 years). Failure to file an action in court within these … Continued