Motor Vehicle Collisions

The California Highway Patrol reports that there were 452,595 traffic collisions in California in 2008. Of that total, accidents in which drivers or passengers were injured comprised 170,496. An
other 3,113 accidents involved fatalities. On average, as a result of a traffic collision in California, one person was injured every 2 minutes and 10 seconds, and one person was killed every 2 hours and 35 minutes. California has not had a day without a traffic fatality since September 12, 2000.

Motor Vehicle CollisionsIf you are the victim of an automobile, truck, or bus accident, you will need the help of a personal injury attorney to protect your rights and ensure that your case is properly presented. We will file your claim for you. We will make the necessary reports to the Department of Motor Vehicles for you. We will be there with you when the other driver’s insurance company wants to take your statement. We know the law, and we know how to apply it to your case.

California law requires drivers who are involved in accidents to prove financial responsibility. Drivers meet this requirement by having liability insurance with at least minimum limits of $15,000 for one person or $30,000 for two or more persons injured in an accident. Many at fault drivers have higher limits. If you are not at fault for the accident, the other driver’s liability insurance will be responsible for the reasonable costs of your medical care and other damages, up to the limits of the other driver’s policy.

If the other driver is not insured, your own insurance can pay for your personal injuries if you have Uninsured Motorist and/or Medical Payments coverage on your policy. Also, if the other driver’s policy limits are insufficient to cover all of your damages, a claim can be brought on your own insurance to pay the difference, if your policy includes Underinsured Motorist coverage.

Uninsured drivers who are injured in an accident caused by a driver who does have insurance can recover economic damages, such as the cost of medical care, loss of income, and diminution of earning capacity. However, California law precludes the recovery of non-economic damages, such as pain and suffering, emotional distress, and inconvenience, for drivers who do not have insurance. There are only limited circumstances under which the law allows uninsured drivers to recover non-economic damages; for example, if the at fault party was driving under the influence.

These and other issues can make it a challenge to try to handle a motor vehicle collision claim without the help of a personal injury lawyer. Let us put our expertise to work for you. Contact the Law Offices of Catharine Kroger-Diamond today.