Dealing with insurance companies can be confusing and a huge headache. Luckily, the state of California has more laws to protect policyholders than most other states. The best way to stand up to an insurance company is to know your rights and have a knowledgeable and motivated injury accident attorney in Sacramento CA on your side. Many individuals are not aware of these laws and that even includes individuals that work for insurance companies. Some claim adjusters and other employees of insurance companies routinely break these laws, through ignorance or otherwise. There are many laws, some are complicated, regarding how an insurance company is obligated to interact with policyholders. Having an attorney who is knowledgeable about the subject and being informed about the most basic aspects of these laws can be very helpful when making a case against an insurance provider.
Insurance companies have all the time in the world to negotiate a settlement and string you along as they “shuffle paperwork.” They often try to wait out people seeking damages as they are aware victims of, for example, a car accident have immediate bills to pay and much less money to spend than a giant insurance corporation. Be sure you don’t fall victim to their tactics by speaking with an injury accident attorney in Sacramento CA immediately after you’re involved in a car accident.
The following relates to California Insurance code section 790.03
Insurance companies are obligated to act in good faith with policy holders. This includes:
The following relates to California Code 790.02
The following relates to California Code of Regulations 2695.7 & 2695.9
Insurance companies are obligated to conduct reasonable investigations incorporating evidence you submitted. This evidence may include:
The following relates to California Code of Regulations 2695
It is very important to keep exact records of communications and the contents thereof in order to prove violation of this regulation. Phone conversations should be recorded with the date included. It may be easier to communicate through e-mail as a digital receipt is automatically generated.
The following relates to California Code of Regulations 2695.7 and Insurance Code 2071
The following relates to California Insurance Code 790.03
Unless specified by the exact policy you have, it is not necessary to use the forms provided by an insurance company for contents lists. A typed list with replacement prices for items lost should be sufficient. Insurance companies are not allowed to require secondary proofs of loss such as receipts when you have photographs or other proof of ownership and worth.
The following relates to California Code of Regulation 2695.7
The list goes on and on and covers a wide range of subjects such as fair depreciation, additional living expenses, and being forced to use a specific contractor. Seeking counsel from a well-informed injury accident attorney in Sacramento CA is the best way to defend yourself against a well-funded, strongly defended insurance company. Give us a call for a free consultation.
What To Do After A Car Accident
Car accidents can happen anytime, anywhere and to anybody. Being prepared and knowing what to do after a car collision happens is very important, as well as what not to do. Learn more about What To Do After A Car Accident and make sure you are ready to handle the unexpected and speak with a skilled Sacramento accident attorney who can evaluate your case and decide the best course of legal action.
If you or a loved one has been injured or killed during an accident this winter, please do not hesitate to contact our Sacramento car accident lawyer to discuss your legal options. We have offices in Sacramento & Folsom for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.
Call (916) 357-6789 today for a free consultation with our Sacramento accident lawyer regarding your auto accident injury case.
Car insurance can be a huge hassle, especially if you’re on a budget and aren’t sure what kind of coverage you need. This post is meant to be a basic guide for California drivers to determine what requirements must be met and how to choose the right insurance for your specific needs. Consulting with a personal injury attorney in Sacramento is a great first step in determining whether you have the right insurance or not.
In the state of California, drivers must be able to cover costs relating to property damage of physical injury that may occur in the case of a collision. The easiest way to cover this basic requirement is to purchase liability car insurance. Liability car insurance covers an individual in the case of a collision that is deemed to be their fault. It helps you pay for damage to another person’s car or medical costs should another person be injured in the collision. It is important to understand that liability insurance does not cover any costs of damage or injury to the person that holds this insurance. You must have specific minimums of coverage for various categories of injury and damage in the policy:
These are just minimum requirements for what your insurance would cover. If the damages are more extensive, you may be held liable for that extra cost. Every case is different so before you begin driving on the road, speak with an experienced personal injury attorney in Sacramento.
Not having car insurance can have serious consequences for the driver and his or her car. A car’s registration can be suspended if insurance isn’t updated or communicated to the DMV in a timely manner. Drivers will receive a letter notifying them of the suspension of a car’s registration. A car can be re-registered with proof of insurance for $14.
To meet the state requirements, you do not necessarily need to have insurance through a private company. Though this is the most common way to gain coverage, there are other options:
You also must have proof of whatever insurance you choose with you in the vehicle when driving. If you are pulled over and don’t have documentation proving you hold an insurance plan or are otherwise financially responsible, you could be fined hundreds of dollars and have your car impounded until proof of insurance is provided. A first offense can result in a fine of up to $200. After that, fines can be up to $300 for every subsequent offense within 3 years of a first offense. Proof of insurance is required in order to register your vehicle in the state of California, another thing you are legally obligated to do as a driving resident of California.
The document proving you have insurance will have the following information:
If you have been involved in a car accident and a driver does not have insurance, speak with a personal injury attorney in Sacramento immediately.
California was one of a few states with no regulation on the insurance industry until 1988. Without regulation, costs for automobile insurance raised steeply and made it difficult for Californians to afford car insurance. Citizens voted for Proposition 103 in 1988, changing the auto insurance industry to cut their rats by 20% and subjecting increases in rates to approval by the Department of Insurance. Prop 103 also requires auto insurance companies to offer good driver discounts and bars companies from using an individual’s credit score to determine his or her insurance rate.
There are several other alternative insurance options in the state of California meant to make it easy for citizens to get and keep reasonable car insurance. The Low Cost Automobile Insurance Program aims to assist low-income individuals to get car insurance, and the California Automobile Assigned Risk Programs can provide insurance to individuals with very poor driving histories, among other assisting programs.
Minimums are just that – the bare minimum of financial coverage an individual is required to have in order to be on the road. Some individuals with specific needs may want to buy additional coverage. Below is a list of some additional insurance options you may find you need depending on your lifestyle:
Depending on your situation, speaking with a personal injury attorney in Sacramento might be the best first step in determining the best insurance policy.
The Weinberger Law Firm has over 50 years of experience and resources that will help determine whether you have the right insurance policies. We are a team of experienced, personal injury attorneys dedicated to provide the best and most effective legal advice for you. Call us at (916) 357-6767 for a free consultation.
The insurance companies step in after people are hurt and take advantage of them, giving them bad advice and cheap settlement and basically lying about the value of their cases.
Someone is injured through no fault of his own, or a family member or loved one is killed because of the recklessness of another person. It is clear that the other person is at fault. At first, it seems like the insurance company or negligent individual will not fight case and will pay a quick settlement.
The insurance adjuster will ask the injured person to “Sign a few forms” or give a “recorded statement.” The insurance person acts nice and promises that the proper party will accept fault.
Then, after a while, the insurance company keeps asking for a bunch of information, forms, and paper. The adjuster stops calling back. The accident victim cant’ reach anyone or get any information from the company. Sometimes, they will try to make the injured person sign something before receiving medical attention.
Insurance companies do not treat injured victims fairly! That means that if you’ve been injured in an accident, you are in for a fight! That’s why it’s important to contact an experienced personal injury attorney at The Weinberger Law Firm to fight the greedy insurance companies for your fair compensation.
Myth #1: You must sign every document the adjuster sends you – You are not required to sign a release of information for the other person’s insurance company. While an adjuster may want to look at your medical and employment records to assess your injuries, they do not have a right to the documents unless a lawsuit has been filed.
Myth #2: You have to give the adjuster a record statement – If a lawsuit hasn’t been filed, you do not have any obligation to give a statement to the other guy’s insurance company, recorded or otherwise. In fact, these often work against you because the adjuster can ask virtually question without objection and the claimant locks him or herself into answers early in the claim. It is important to speak to an attorney before agreeing to a recorded statement. Often an attorney will sit in on a recorded statement to protect your case.
Myth #3: Insurance adjusters are always honest with claimants – In the days after a claim is opened, the adjuster’s goal is to find out as much as possible about a claim to find any weakness to exploit. Adjusters can sometimes say something just to see if the claimant will give them what they want or to see how the individual reacts. There have been documented instances of insurance companies using fraudulent means to get a claimant to accept a low settlement offer.
Myth #4: The insurance companies will make a reasonable offer to settle your claim to avoid having to hire an attorney to defend the case – This is simply not true. The insurance companies see this as nothing more as a cost of doing business. Also, there is an increasing trend towards insurance companies using in-house counsel, meaning that they don’t have to pay attorneys by the hour to represent them. Therefore, these companies are not saving by avoiding a lawsuit.
Myth #5: There is a set of quotations to estimate the value of the claim – You might have heard that a claim should be worth three times the amount of a medical bill that you incurred from the accident. However, the reality is that this is not true because every case is different. For instance, if you were to break your ribs, there would be little a doctor could do to treat your injuries and your appointment would be sporadic over a number of months. However, your pain and suffering would be great. Every move you make would be agonizing and even breathing would be painful. That case would have relatively low medical bills. On the other hand, if your injury is to your muscles and soft tissue in your neck or back, you would need regular treatment, sometimes on a daily basis, while the injury healed. Your pain and suffering would probably be considerably less than the case of a broken rib, but the bills for treatment would probably be higher.
When you are injured due to someone else’s negligence or recklessness, you are in a position of weakness. You’ve got medical bills to pay. You’ve got to figure out what to do with your job, how to make ends meet, how to take care of your family. The negligent person doesn’t have those concerns. And the negligent person probably has an insurance company working for him or her to help defend against you.
The insurance company will see thousands of injury claims each year. The insurance company will have “adjusters” whose only job is to save the insurance company money and defeat claims by injured people. These adjusters are very good at what they do. Most experienced adjusters will have handled hundreds of thousands of claims. They will know how to trick the injured person into doing something that hurts his or her case. They will know how to make it seem like they are your best friends or have your best interest at heart.
The adjusters are not your best friend and do not have your best interest at heart.
So, if you are hurt by someone else’s negligence it is important to contact a Folsom accident attorney Joe Weinberger at the Weinberger Law Firm. Protect your legal rights and call (916) 357-6767 to schedule a free consultation with a Folsom accident attorney Joe Weinberger.