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Lawyers in Los Angeles Blog talk about leading subjects in our city, state, country and even world matters. Our Attorneys will provide you with the out-most personal and professional service in order to get you the best possible results.
Blog Added: September 03, 2015 11:27:14 PM
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UNDERSTANDING YOUR AUTO INSURANCE POLICY

La Jewish Lawyer The post UNDERSTANDING YOUR AUTO INSURANCE POLICY appeared first on Blog - Law Firm Near Me - News and Help.

La Jewish Lawyer

Accident Injury Lawyer

California Vehicle Code § 16020 requires that all drivers and all owners of a motor vehicle must carry automobile insurance when operating a motor vehicle. California Vehicle Code § 16056 requires that the minimum coverage carried by an operator or owner of a motor vehicle must be a minimum of $15,000.00/$30,000.00. There are many different insurance policies with different types of coverage. The insurance policies are long and complex, and filled with different conditions and exclusions on when the policy applies. Make sure to review your policy in details before getting behind a vehicle.

Accident Injury Lawyer in Los Angeles

Auto Insurance Costs

When purchasing auto insurance coverage, there are certain payments that must be made to maintain the auto insurance coverage without lapsing and additional payments that must be made when making a claim.

  1. A “premium” is paid, depending on the policy, every six months, and it is the amount that is paid to the Los Angeles insurance company to purchase the auto policy. The premium payment covers the term or length of the policy, typically six months or one year, depending on the policy.
  2. A “deductible” is paid when someone opens up a claim with their Los Angeles insurance company. Typically, deductibles range from $500.00 to $1,000.00. Depending on who the at-fault party is, the deductible could be recovered when making an insurance claim. No fees are paid to an insurance agent because they are paid by the insurance companies. However, if a broker is involved, there may be broker fees.

Auto Insurance Coverage Limits

Limits are typically divided into two parts: the first number covers the injury or death of the first claimant and the second number covers any additional parties by stating the maximum benefits per claim. For example, a $15,000.00/$30,000.00 will pay up to $15,000.00 for the death or injury of the first claimant and if more than one person is injured in the collision, a total of $30,000.00 will be paid out for the death or injury of the other parties, but no more than $15,000.00 per person. Coverage limits also extend to property damage and typically range from $5,000.00 to $100,000.00 per claim.

In Los Angeles and California, the driver and owner of a vehicle must carry a minimum of $15,000.00/$30,000.00 coverage for bodily injury claims and $5,000.00 for property damage claims.

Different Types of Insurance Coverage

  1. Liability Coverage: Liability coverage applies when someone is involved in a collision and is deemed at-fault for causing the collision. The coverage limits will only apply to the other claimants and not the insured. This includes coverage for the other person’s medical expenses and vehicle damage. California requires a $15,000.00/$30,000.00/$5,000.00 minimum liability insurance coverage to operate a motor vehicle.
  2. Collision Coverage: Unlike liability coverage, collision coverage only applies to vehicle damage and covers the repairs of the insured’s vehicle, regardless of who is deemed at-fault for the collision.
  3. Comprehensive Coverage: Just like its name, comprehensive coverage will cover everything else – if the car is stolen, broken into, weather damage, hitting a side pole, etc. Regardless of who is at-fault for the collision, comprehensive coverage covers all the other types of property damage claims for the insured’s vehicle.
  4. Personal Injury Protection: Often referred to as PIP, this coverage will cover any medical bills up to the limits that are claimed by the insurer. For those who do not have health insurance, the payments will be made directly to the insured for any out of pocket expenses. This coverage typically ranges from $5,000.00 to $50,000.00.
  5. Uninsured Motorist Coverage: Not all drivers abide by the laws of the state, and chances are, drivers do not carry any insurance coverage. In those instances, the insured’s insurance coverage will kick in and cover the collision. For example, if the insured has $50,000.00/$100,000.00 uninsured motorist coverage and is involved in a collision with a driver who has no insurance, the insured can make a claim up to $50,000.00 against the insured’s insurance company for damages and up to $100,000.00 for the entire collision.
  6. Underinsured Motorist Coverage: Similarly to uninsured motorist coverage, the underinsured motorist coverage will kick in as an excess coverage when the at-fault party’s insurance limits are not enough to cover all the damages. For example, if the at-fault party carries $15,000.00/$30,000.00 and the insured carries $50,000.00/$100,000.00 underinsured motorist coverage, the insured can make a claim up to $35,000.00/$70,000.00 for the collision against their own insurance company.

Personal Exposure After Limits Are Exhausted

In an event of an incident where the auto insurance policy is the only policy that covers the incident and is at fault for the incident, if the injuries claimed by the other parties exceed the coverage that applies, the policy holder’s personal assets will be exposed to a judgment or a verdict. Depending on the usage of the vehicle and employment history, consider obtaining the maximum auto insurance limits or an umbrella policy to avoid exposure.

Know Your Auto Policy

Insurance policies are complex and are filled with exceptions in order to avoid coverage in situations where you need it most. Recovery could be limited based on your coverage.  It is important to understand the extent of your auto insurance policy and what coverage and exceptions could possibly arise in the future. It is just as important to consult an attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

The post UNDERSTANDING YOUR AUTO INSURANCE POLICY appeared first on Blog - Law Firm Near Me - News and Help.



The Best Time To Hire A Personal Injury Attorney

La Jewish Lawyer The post The Best Time To Hire A Personal Injury Attorney appeared first on Blog - Law Firm Near Me - News and Help.

La Jewish Lawyer

“YOUR  ATTORNEY  IS  YOUR  COACH”

Lawyer-Up” NOW, Ask Questions Later

The best time to hire a Personal Injury Attorney is immediately, just as soon as the Car Accident or Slip & Fall occurs.  By analogy, let’s say you’re on a professional football team, heading to the Super Bowl.  When do you want your Coach to be there?  Right from the very start, of course!  Your Attorney plays the same role as your Coach.  How well the litigation process proceeds, may be determined largely by how well you handle the “kick-off.”  Don’t make mistakes that you will later regret.

Scouting” the Opponent

Just like a Life Coach needs Scouting reports on the other team, you need all of the relevant information from the other car involved in an accident.  You need name, address, telephone number, Insurance Card, Registration, Driver License, to name a few.  Just think of your Driver License as your “Name,” your Registration as your “Rank,” and your Insurance Card as your “Serial Number.”  That’s all the information you ever can be required to give.  Your Attorney can help you obtain and organize this vital information, as well as contact both your insurance company, and the other guy’s insurance company.  Your Attorney can contact the local Police Department, to get a copy of the Police Report, and get it right away.

Don’t Talk Too Much

At the scene of an accident, don’t be offering apologies or explanations.  Don’t say “I’m so sorry,” or “it was my fault,” or “I was on the telephone.”  For example, I was once in a serious Car Accident on the 170 Freeway.  I was a passenger, not the driver.  The accident was clearly the other Driver’s Fault, since he veered suddenly into the Car Pool Lane, in order to swerve around a line of traffic, as the cars ahead of him slowed to a stop.  As he swerved, he crossed a double yellow (actually quadruple yellow) line, and plowed into the side or our car, since we were already in the Car Pool Lane.

Oddly enough, the Driver of our car had been in an unrelated Bumper Bumping earlier that morning.  The Driver’s Daughter, age 15, could not stop from saying, “OMG (oh my gosh), Mom, two accidents in one day!,” within earshot of the other Driver, who was at fault.  At first, I tried a polite “Shhh” in order to give the talkative teenager the idea of keeping quiet, but it didn’t work.  Eventually, desperate to stop her conversation, I said “shut-up!”  Of course, I lived to regret that comment ….

The point is, right from the start, you’ve got to think like an Attorney, and if possible, hire an Attorney … right away!  Some things … a lot of things … are best left unsaid.

If it’s a serious accident, there may well be litigation, including Court Hearings and Depositions.  At your Deposition, if you have an experienced Los Angeles Car Accident Lawyer that knows how to be a good Coach, you will learn things you’ve never learned before … like how to answer simply “yes,” or “no,” and then to remain silent … no matter how uncomfortable that might feel.

 

 

 

PERSONAL INJURY LAWYERS

Call 855-977-1212 to speak with one of our lawyers

Your consultation is Free

The post The Best Time To Hire A Personal Injury Attorney appeared first on Blog - Law Firm Near Me - News and Help.



DRIVING WITHOUT AUTO INSURANCE AND A DRIVER’S LICENSE

La Jewish Lawyer The post DRIVING WITHOUT AUTO INSURANCE AND A DRIVER’S LICENSE appeared first on Blog - Law Firm Near Me - News and Help.

La Jewish Lawyer

California requires that all drivers and all owners of a motor vehicle must carry automobile insurance when operating a motor vehicle. The laws also require that the driver carry a valid driver’s license. If someone is involved in an auto collision without a valid driver’s license or valid auto insurance, recovery can be limited. There may also be criminal liability for failure to obey the rules of the road.

What happens if someone is involved in an auto collision and does not have auto insurance?

If someone is involved in an auto collision and does not have automobile insurance, recovery may be limited. In 1996, California passed the Limitations on Recovery to Uninsured Motorist Act that limits the recovery of automobile drivers who are involved in motor collisions and do not have auto insurance. Also known as Proposition 213, the act denies recovery for noneconomic damages, such as claims for pain and suffering. However, there are certain exceptions. For example, if the vehicle was operator for the driver’s employer, if the accident occurred on private property, or the owner of the vehicle did have insurance coverage.

Car Accident Attorney

Nevertheless, if someone was involved in an auto collision and cannot show proof of financial responsibility by purchasing liability insurance, the person involved in the auto collision can post a bond or deposit cash in the amount of $35,000.00 with the Department of Motor Vehicles. This allows the party to meet the financial responsibility requirement of the California Vehicle Code and allows full recovery. Though, this process is tedious and requires assistance from an attorney.

If the person involved is a pedestrian or a passenger in the vehicle, then Proposition 213 does not apply. There are also other exceptions if the collision resulted in a wrongful death claim, caused by a drunk driver, or if there is a claim for punitive damages. These exceptions are case specific, and a Car Accident Attorney must be able to make the determination.

What happens if someone is involved in an auto collision but does not have a driver’s license?

In California, driving without a valid driver’s license is either a misdemeanor or an infraction. This is made clear in California Vehicle Code § 12500. If charged and convicted for a misdemeanor, there can be penalties up to and including six months in jail and up to $1,000.00 in court fines. If the conviction is determined to be an infraction, the maximum penalty is $250.00.

However, not having a driver’s license itself does not impact the collision claim. They are two different claims and there is no requirement to have a driver’s license to make a claim under an insurance policy. This gets tricky only if there is no auto insurance coverage or the driver involved in the collision is explicitly excluded from the policy.

What happens if someone is involved in an auto collision but with a suspended driver’s license?

In California, driving with a suspended driver’s license is a misdemeanor. California Vehicle Code § 14601 imposes penalties such as jail time and court fines. Typically, the jail time and court fines are relative to the underlying reason of the suspension i.e. DUI.

Contact an Attorney

Insurance policies are complex. Recovery could be limited based on your coverage. If a claimant is uninsured or has a suspended driver’s license, there may also be criminal charges. It is important to Consult an Attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

The post DRIVING WITHOUT AUTO INSURANCE AND A DRIVER’S LICENSE appeared first on Blog - Law Firm Near Me - News and Help.



RECORDED STATEMENTS: A TRAP FOR THE UNWARY

La Jewish Lawyer The post RECORDED STATEMENTS: A TRAP FOR THE UNWARY appeared first on Blog - Law Firm Near Me - News and Help.

La Jewish Lawyer

California Insurance Code § 2071 puts forth the authority that gives fuel to the insurance companies in seeking a recorded statement. Often times, adjusters will push on getting a recorded statement from the offset of a claim. However, providing a recorded statement to your insurance company or the at-fault driver’s insurance company could be detrimental to your case. Here are some common misconceptions about recorded statements:

  1. Do I have to give a recorded statement to my own insurance company?

Yes. Insurance companies have a duty to investigate a claim. Recorded statements from their insured, witnesses, the other party, in addition to gathering photographs, police reports, medical records, etc. is part of their investigation. The insurance policy may also have a clause requiring the insured to comply in their investigation and provide a recorded statement in addition to other documents. Refusal to provide a recorded statement or obstructing their investigation could be grounds for denying the claim. The witness should always check the policy.

Accident Attorney in Los Angeles

  1. Do I need to provide a recorded statement to the at-fault party’s insurance company?

 No. There is no requirement to provide a recorded statement to the at-fault party’s insurance company prior to filing a lawsuit and attending a deposition. However, under certain circumstances, it may be beneficial to provide a recorded statement. Any delay in the insurance companies’ investigation could also delay payment of your claim. But always be cautious.

 WAIT! Can they just ask me anything?!

No. Recorded statements are often used to aid in determining liability and revolves around the facts of the collision. The witness should always clarify during the recorded statement that they are providing a statement only for the purposes of determining liability and only to the facts of the collision. Do not get bullied into providing additional unnecessary information or providing a medical opinion regarding your injuries. This may be used against you. Depending on the policy, if you are providing a statement to your own insurance, you may have to provide additional information about your injuries.

  1. Am I entitled to a copy of my recorded statement?

Yes. Your own insurance will provide a copy if the request is made prior to giving a recorded statement. The at-fault insurance company must also provide a copy. Pre-litigation recorded statements are not made before the insurance company retains an attorney and are taken by an adjuster, not an attorney. Therefore, the recorded statement is not work product and a copy must be provided. See Wilson v. Superior Court of Los Angeles Cty. (1964) 226 Cal.App.2d 715, 724.

  1. WARNING: The Uninsured/Underinsured Trap

Beware. Providing a recorded statement to the at-fault insurance company may be detrimental to your claim, but even providing a recorded statement to your own insurance company can also be detrimental. Most drivers carry uninsured/underinsured motorist coverage. These policies go in effect when the at-fault party does not have insurance or when your damages exceeds the policy of the at-fault party. If the coverage applies, your own insurance company steps into the same position of the at-fault party and may need to pay out on the claim. Adjusters are trained to be prepared for these situations. Their questions during the recorded statement will be tailored to investigating facts in order to deny the uninsured/underinsured coverage. The recorded statement will later be used against you.

The decision is not as simple as it sounds.

Lawyers are not experts in math but they are experts in the law. Determining whether it is beneficial to your claim to provide a recorded statement requires an examination of your collision. Any delay can also cause a delay in settling your claim.

It is important to understand your rights and know when to provide a recorded statement. It is just as important to consult an attorney in your state to understand these rights. Do not wait, never hesitate, and reach out to a professional who is ready to work for you.

By:

Jonathan Bakhsheshian, Esq.

jbakhesq [at ] gmail.com

Direct line: (310) 363-0551

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

The post RECORDED STATEMENTS: A TRAP FOR THE UNWARY appeared first on Blog - Law Firm Near Me - News and Help.



TOTAL LOSS VEHICLE: WHAT NOW? – CAR ACCIDENT LAWYERS

La Jewish Lawyer The post TOTAL LOSS VEHICLE: WHAT NOW? – CAR ACCIDENT LAWYERS appeared first on Blog - Law Firm Near Me - News and Help.

La Jewish Lawyer

The general rule is that the measure of damages for a total loss vehicle is the price at which the Car can be sold at public sale or in the open market. Tatone v. Chin Bing (1936) 12 Cal.App.2d 543, 545-46. The judicial test of market value depends upon the fact that the property in question is marketable at a given price, which in turn depends upon the fact that sales of similar property have been, and are being, made at ascertainable prices. San Diego Water Co. v. San Diego (1897) 118 Cal. 556, 633.

Car Accident Lawyers

Consult an Attorney in Los Angeles

Call 855-977-1212 and speak with one of our Car Accident Lawyers to see if you have a case.

California Civil Jury Instruction § 3902J provides further instructions regarding total loss compensation. But calculating the reasonable value of a total loss vehicle is complicated and can raise several issues. Most insurance companies hire a third party company to evaluate the total loss and the fair market value of the total loss vehicle. Therefore, it is important to understand what constitutes a fair compensation before getting ready to bat with the adversary, whether it is your own insurance company or the at-fault party’s carrier. Here are some factors to consider when evaluating a total loss report:

  1. Finding Comparable Vehicles

The first place everyone goes to check the price of their vehicle is the Kelley Blue Book. Although the Kelley Blue Book is a great place to start to get an idea of what a total loss vehicle would be valued, the Kelley Blue Book does not consider several other factors, including recent purchases and public auctions, additional components, recent modifications, etc. as required by California law. After getting a starting point from Kelley Blue Book, the next thing to do is to find comparable vehicles that are being sold within fifty to a hundred miles from the residence of the owner of the vehicle. There are dozens of websites including Edmunds, Autotraders, and Cars.com that can assist in locating them. It is best to find four to six comparable vehicles.

Make sure that the comparable vehicles are the same year, make, model, and have similar mileage. If there are none that are similar, it is possible to make the argument fore vehicles within one to two years and the mileage that is not too far apart. Another important factor is to make sure that the vehicles have the same history – if the vehicle was purchased as a certified pre-owned vehicle from a dealership, make sure the comparable vehicles are also certified pre-owned. If the vehicle was never involved in an accident, make sure the comparable vehicles do not have a history of second-hand parts, which would decrease their value. If there are none with the same history, make sure to raise the argument during negotiations. Also, factor in the use of the vehicle. If the driver of the vehicle is a student or an employee who makes long trips, the wear and tear on the vehicle will be different compared to someone who uses the vehicle in a city and is often stuck in stop-and-go traffic.

  1. Factoring in Additional Parts & Modifications

Tires need to be replaced between 25,000 to 60,000 miles, depending the use. Brakes are changed every 30,000 to 70,000 and brake pads are changed every 25,000 to 60,000 miles. Most new vehicles undergo maintenance checks every 10,000 to 20,000 miles. Make sure that if the tires, brakes, brake pads, or other components of the vehicle were recently changed prior to the collision, to include a copy of the receipt when making the evaluation. If there is no receipt use similar parts and include a copy. This will significantly change the value of the total loss vehicle.

Often times, people make modifications to their vehicles. This includes new rims, tints, an exhaust pipe, floor mats, child seats, booster seats, stereo equipment, roof rack, surf rack, etc. If anything was added to the total loss vehicle, find the receipt or a comparable model, and also include it.

  1. Factoring in Warranty

If there was a warranty purchased at the time the vehicle was purchased, the owner is entitled to compensation for the remaining years left on the warranty. This calculation must be done by apportionment. For example, if a ten year warranty was purchased and the vehicle was totaled after five years, then compensation should be received for the remaining five years.

  1. Factoring in Your Deductible

If the owner of the vehicle’ insurance company is making the claim and liability is yet to be determined, chances are the insurance company will subtract the deductible from the total loss payout. Do not be hesitant to ask the insurance company to waive the deductible given the circumstances surrounding the collision.

  1. When Your Vehicle is a Lease vs. a Purchase

If the vehicle was purchased, as discussed above, the owner of the vehicle will receive compensation for the full value of the fair market value. However, if the vehicle was a lease, make sure that the insurance company is aware and that they receive a copy of the most recent statement from the lienholder. Once there is a final agreement for the value of the total loss vehicle, the lienholder will be compensated for the remaining loan and the balance will be issued directly to the vehicle owner.

  1. Processing Fees

Do not forget – the insurance company must also pay the sales tax of the vehicle, licensing fee, and any DMV related transfer fees.

It’s not as simple as it sounds.

Lawyers are not experts in math but they are experts in the law. Figuring out a reasonable settlement for a vehicle deemed a total loss by an insurance company is more complicated than described above. Many other factors must also be taken into consideration. Insurance companies are aware of those factors and will often oversee them. In other situations, if a Lawyer is not involved in the negotiations, there is no pressure for the insurance companies to increase their offer once it has been set. Given the severity of the Car Accident collision, this might be a negotiation no one would want to deal with.

It is important to understand the extent of the damages and what can be recovered based on the specific facts surrounding the claim. It is just as important to Consult an Attorney in Los Angeles immediately following a collision to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to work for you.

By:
Jonathan Bakhsheshian, Esq.
jbakhesq [at] gmail.com
Direct line: (310) 363-0551

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

The post TOTAL LOSS VEHICLE: WHAT NOW? – CAR ACCIDENT LAWYERS appeared first on Blog - Law Firm Near Me - News and Help.



UNDERSTANDING YOUR PERSONAL INJURY CLAIM

La Jewish Lawyer The post UNDERSTANDING YOUR PERSONAL INJURY CLAIM appeared first on Blog - Law Firm Near Me - News and Help.

La Jewish Lawyer

Personal Injury Lawyer

California Civil Code § 3281 states in pertinent part, “every person who suffers detriment from Personal Injury, the unlawful act or omission of another, may recover from the person in fault a compensation in money, which is called damages.” California law limits recovery to actual harm caused to the victim. Those damages are divided into two categories: economic damages and non-economic damages.

A. Economic Damages

Economic damages includes “objectively verifiable monetary losses” which includes past and future medical expenses, past and future lost earnings, lost earning capacity, and loss of use of real property. California Civil Code § 1431(b)(1). The amount recoverable for medical care and services must be reasonably and attributable to the injuries suffered from the incident. However, when determining future medical costs, the calculation can get difficult, since the medical treatment has not yet occurred. Typically, an attorney will consult with an expert in the field to evaluate your injuries to determine any future medical care and assign a reasonable value to the care.

Personal Injury Lawyers

Call 855-977-1212 and speak with one of our Local Personal Injury Lawyers to see if you have a case.

The same applies for future lost earnings and lost earning capacity. Attorneys will consult with expert economist to determine the amount of lost wages and the reduced capacity to earn a salary. Loss of use of real property is determined by the cost to rent the similar item of personal property. For example, a rental company may charge $30.00 a day to rent a compact size vehicle. The courts will often rely on such information to determine the loss of use of personal property.

B. Non-economic Damages

Contrary to economic damages, non-economic damages includes “subjective non-monetary losses” which includes pain, suffering, inconvenience, mental suffering, emotional distress, loss of companionship, injury to reputation, and humiliation. California Civil Code § 1431(b)(2). Emotional injuries includes mental injuries such as fear, insomnia, grief, worry, inconvenience and the loss of enjoyment of life.

Calculating non-economic damages can be very difficult. One way to evaluate the value of your non-economic damages is by multiplying the economic damages. For example, if the economic damages are approximately $10,000.00, the non-economic damages can be a multiplied by five and the average amount of non-economic damages can be $50,000.00. Getting an exact amount is difficult and requires rationale supporting the estimated amount. Lawyers will often consult with experts in the field to determine a reasonable amount and will argue with insurance companies and attorneys to justify their clients’ position.

C. Contributory Negligence

It has been a long policy of the California courts that if the party to a claim was negligent at the time of the incident, the party may be apportioned a percentage of responsibility for the harm. If the party making the claim for injuries is found to have been at fault, then the jury will decide the percentage of responsibility to that party and the defendant, and reduce the total damages by the percentage of responsibility. For example, if the jury finds that the Plaintiff is 20% responsible for an incident, but finds the Defendant 80% liable and awards Plaintiff $2,000,000.00, then the gross verdict will be reduced to $1,600,000.00.

It’s not as simple as it sounds.

Damages are limited but the type of damages is very case specific. Some Personal Injury actions, such as wrongful death actions, allow for the recovery of burial costs. Other personal injury actions allow for costs of repair or replacement for any damage to property, loss of employment, and loss of business or employment opportunities. Given the severity of an incident, a party may even recover for the lost earning capacity and loss of ability to provide household services. Others allow for the recovery of emotional distress, even when the party making the claim was not directly harmed by the incident.

It is important to understand the extent of your damages and what can be recovered based on the specific facts surrounding the claim. It is just as important to consult an attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

By:

Jonathan Bakhsheshian, Esq.

jbakhesq@gmail.com

Direct: (310) 363-0551

 

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

The post UNDERSTANDING YOUR PERSONAL INJURY CLAIM appeared first on Blog - Law Firm Near Me - News and Help.



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