Legal Question in Personal Injury in California

auto accident

I was involved in a car accident. The vehicle behind me hit me and crushed the rear of my vehicle. The other driver was totally responsible.. My vehicle is totalled and not repairable. How do I get the absolute most monies from my insurance company?


Asked on 10/15/04, 12:45 am

6 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: auto accident

Most money for what:? Your car or your injuries? And what about the other ins. Co? Your question is over-broad and too general. There are too many aspects of making an injury or PD claim to answer your question here. If you are in the Orange County area, I'd be glad to sit down with you and go over your case in detail. Call 714-963-5123

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Answered on 10/19/04, 4:35 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: auto accident

Hate to say it but you should hire an experienced personal injury attorney. The insurance companies are not your friend. Their job is to get away with paying as little as possible. Without filing suit, you will not realize appropriate value on your case.

I am assuming you suffered personal injuries. If not, you are entitled to get the insurance carrier for the person who hit you to pay enough to replace the vehicle with a comparable vehicle. Also, you are entitled to rent a comparable car at their expense in the meantime.

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Answered on 10/18/04, 5:52 pm
Terry A. Nelson Nelson & Lawless

Re: auto accident

Usually by hiring an attorney.

Recovery is from the other driver through his insurance. IF he has none, then your uninsured coverage applies. Property damage claims are always a problem when dealing with insurance companies.

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Answered on 10/18/04, 5:53 pm
Daniel King Law Offices of Daniel King

Re: auto accident

hi. nowadays, even clear liability claims, such as that which you have described, are fought tooth and nail by the insurance carriers. if you are only dealing with property damage, you are entitled to the amount necessary to repair your vehicle, as well as a rental, (though rental is ALWAYS difficult to get proper value for). if you also were injured, you are entitled to your medical costs and "pain and suffering" damages. these are also an area which is hard fought by the insurance companies. you really should not hesitate in getting an attorney as soon as possible. if you have not done so, wait until you have an attorney representing you before you give any statements, and commence proper medical treatment immediately.

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Answered on 10/18/04, 7:19 pm
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: auto accident

It depends upon how badly you were injured. From the limited facts provided, you be best advised to contact an attorney. Insurance companies will generally try to to get out of it for the least amount of money possible (it's their obligation to their clients). You should not usually accept the first quick offer they make. Get an attorney to produce a "demand package".

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Answered on 10/18/04, 9:49 pm
A. Russell Martin Law Office of A. Russell Martin

Re: auto accident

Hi,

Sorry to learn of your accident. In answer to your question, hiring a good attorney is the best way to ensure you fully protect your legal rights. Call us for a free consultation at (415)364-1604. We handle accident cases throughout the Bay Area.

In the meantime, here are a few tips. Never make any statement to insurance company representatives before talking to an attorney. Anything you tell insurers can only harm your case and might even make it impossible for you to recover any damages.

Also, remember your claim can be barred forever if you fail to file it with the court in time.

Lastly, be sure to gather and preserve all evidence regarding your accident including, without limitation, (1) photos, x-rays and scans of your injuries; (2) photos, diagrams and other documentation regarding the accident scene and property damage; (3) police and medical reports; (4) contact information for witnesses; etc.

We wish you the best of luck!

Russ

A. Russell Martin, Esq. (SBN 226244)

MARTIN & McPHERSON

Attorneys at Law

3925 Spring Hill Road

Petaluma, CA 94952

Phone: (415)364-1604

E-Mail: [email protected]

_________________________________________________

DISCLAIMER: This reply does not constitute legal advice. MARTIN & McPHERSON, Attorneys at Law (hereinafter "Attorneys"), cannot render a considered legal opinion without specific information about your matter, so you should not rely on the general information contained herein, which may or may not be applicable to your case. Attorneys cannot guarantee a particular result for your case and nothing in this e-mail constitutes a representation regarding the merits of your potential claims. Moreover, this reply is not an offer for professional services. Attorneys will not take any action on your matter and no professional relationship will exist until Attorneys and all prospective clients sign a separate written fee contract according to subsequently negotiated terms. Please be further advised that the law imposes strict time limitations for filing civil actions (�statutes of limitations�). Statutes of limitations are often very short and all potential claims will be lost forever if you fail to file them with the court or appropriate administrative agency in a timely manner. Consequently, you should immediately contact Attorneys or another lawyer to fully protect your legal rights.

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Answered on 10/19/04, 1:47 am


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