Heiting & Irwin – Taking On Powerful Forces For Injury Victims In California

Yes, recent changes in the law (Proposition 213, an act of 1996)allowpolice officer to ask you to prove that you have auto insurance. If you are in an accident, you must show the name of your insurance company and your policy number to the other drivers involved in the accident. If you are not insured, you will be fined and lose your license for at least one year. If you tell the officer you have insurance when you do not, you can be fined, sent to jail, or both.The law says that you can prove your financial responsibility in one of these ways:

Insurance – you may have liability insurance that provides at least $5,000.00 coverage for property damage for one accident, $15,000.00 for one person injured or killed in an accident and $30,000.00 for two or more people killed or injured.
Cash – you can deposit $35,000.00 with the DMV.
Bond – the DMV will also accept a bond for $35,000.00. However, few bonding companies issue financial responsibility bonds.

California Law requires that motorists be able to provide evidence of financial responsibility showing coverage of at least $15,000/$30,000 for bodily injury liability, and $5,000 for property damage liability. Involvement in even a minor accident, however, can result in potential liabilities that could prove such limits woefully inadequate, leaving personal assets exposed to judgment and execution.It is advisable to also carry medical payments coverage (which may pay medical expenses incurred by you, members of your household under certain conditions, and occupants of your vehicle who are injured in an automobile collision without regard to fault) and uninsured/underinsured motorist coverage (which will offer you protection if you are injured as a result of the negligence of an uninsured or underinsured driver).Although it is cheaper to purchase minimum limits of coverage, the consumer is wise to look into the higher insurance limits, i.e., at least $100,000/$400,000 for both bodily injury liability, and especially for uninsured and underinsured motorist coverage. It may be surprising how little it costs to get increased protection, and if you should ever find yourself seriously injured in an accident which was the fault of an uninsured or underinsured driver, you will be extremely thankful to have spent a few extra premium dollars.

The law requires you to give reasonable assistance to injured persons.For example, you may need to call an ambulance, or even take the injured person to a doctor or hospital, or give first aid, if you know how. You should always be extremely cautious and careful if you plan to move someone who is badly hurt; as you might make the injury much worse. However, you might be faced with an emergency situation: should you move someone who is in danger of being hurt worse or killed – even if you might make the injury worse? Maybe There will be an imminent additional collision or other injury producing circumstances. If there is a chance for more collisions, (safely) warn other motorist. Placing flares on the road, turning on your car’s hazard lights and lifting the engine hood maybe good ways to warn oncoming traffic. Call 911 immediately. Get their advice. Arrange to get help for any injured persons, and try not to panic.

If the other driver was at fault, you may be entitled to compensation – for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. You should make a claim with the other driver’s insurance company. But, if you are not satisfied with the amount they offer, you may want to sue.If you plan to sue, do not delay. There are time limits to filing various types of claims – usually one year after the accident, but sometimes much less – so act quickly.Beginning in 1991, you can sue for $5,000.00 or less in small claims court. A lawyer cannot represent you in this court, but you can talk with one before hand. If you want to sue for a larger amount, you will need your own lawyer. An insurance company lawyer cannot represent you if you are the person who is suing (the plaintiff).Heiting and Irwin accept automobile accident cases on a “contingent” fee basis. That means you do not pay the lawyer if you lose the case. If you win, you pay the lawyer a percentage of the money you get. A smaller percentage is charged if the case is settled before the lawyer does all the work necessary to go to arbitration or trial.If you and your lawyer agree to a contingent fee, the lawyer must put the agreement in writing and give you a signed copy. The contract will explain what percentage the lawyer will get if you win and how it might vary. It also states who will pay for any court costs.

If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries – if you have “uninsured motorist” or “medical payments” coverage. If the other driver’s insurance is not enough to pay for all of your damages, your own insurance may pay the difference, if you have “under insured motorist” coverage. If you do not have these kinds of insurance or if your damages are more than the policy’s limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay.

If you have collision insurance, it will pay for the damage to your car, no matter who is at fault.