Frequently Asked Questions (FAQ's)
This page contains some of our most frequently asked questions. If you or a family member is injured and you do not yet have an attorney, we would be glad to provide you with a free telephone consultation to answer any additional questions you may have.
| Do I need an attorney? | |||||||||
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Absolutely! You should consult with an attorney as soon as possible after your accident. In very few situations, you will not require legal representation. Even in these situations, however, you will benefit from a consultation with an attorney. In the vast majority of situations, you will be much better off with legal representation.
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| How long does it take for a case to resolve? | |||||||||
| Every
situation is different. Cases usually resolve as soon as 2 months after
your accident and as long as 2 years after your accident. We cannot predict
the willingness of the insurance carrier to fairly compensate you for your
injuries and damages. San Diego Law Firm is committed to spending as much
time as it takes to obtain the relief to which you are entitled. |
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| Do I have to pay for my attorneys fees and costs up front? | |||||||||
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In nearly every situation, San Diego Law Firm will accept your case on a contingent basis and advance all costs if the accident was not your fault. This means that you are not obligated to pay San Diego Law Firm unless we win your case. |
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| If I am unsatisfied with my attorney, can I change to San Diego Law Firm? | |||||||||
| Yes.
You can change attorneys at almost any time. If you are unsatisfied with
your attorney, contact San Diego Law Firm for a second opinion. The sooner
in to your case you contact us, the better. If your case is too far along,
it may be too late for us to effectively assist you. |
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| Am I entitled to compensation for my lost income? | |||||||||
| Yes.
If the accident was not your fault, you are entitled to compensation for
all income you would have earned or received had the accident not occurred.
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| Can I get compensation if the accident might have been partly my fault? | |||||||||
| Yes.
California is a comparative fault state. This means that if the accident
is determined to be 80% the other party's fault and 20% your fault, then
you are entitled to recover 80% of your damages from the other party. |
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| What is my case worth? | |||||||||
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You are legally entitled to recover for all damages that would not have been sustained but for the car accident. This usually includes, without limitation, medical expenses, lost income, property damage, loss of use of your vehicle, and general damages which are commonly referred to as pain & suffering. The difficulty is in the method used to calculate your damages. San Diego Law Firm recently had a client who missed some time off of work following a car accident and was claiming about $13,000 in lost income. After San Diego Law Firm took over the case, we explored the possibility that the clients injuries would continue to effect his business income even after he returned to full time work as his headaches and back pain kept him from being fully efficient and productive. Ultimately we were able to obtain a jury verdict that included about $130,000 in lost income, more than 10 times the amount the client was initially claiming. If you were involved in a vehicle accident, let us evaluate your case so you don't leave money on the table that you may have been legally entitled to. San Diego Law Firm provides free case evaluations to injured victims of vehicle accidents. |
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| Can I trust the insurance companies? | |||||||||
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Always remember this: THE INSURANCE COMPANY BENEFITS WHEN THEY PAY YOU LESS! They will use every tactic available to reduce your recovery. Trust them at your own peril.
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| What should I say to the insurance companies? | |||||||||
| NOTHING!
Do not speak to your insurance company or to the other party's insurance
company until you first seek legal advice. Once you have been involved in
an accident, all insurance companies are your adversaries. Their secret
motivation in contacting you is to obtain statements and facts from you
that will provide them a basis to pay you less compensation or maybe no
compensation at all. Do not speak to anyone about your case except your
attorney. |
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| Will my insurance rates increase if I use my insurance? | |||||||||
| No.
If the accident was not your fault, your insurance company is not permitted
to raise your rates. If the accident was your fault or partially your fault,
your insurance company is going to raise your rates whether you use your
coverage or not. The rate increase will probably be about 10% or an average
of about $150 per year. This is usually an insignificant amount compared
to the amount of benefits you are entitled to receive under your policy.
If you are not going to use your insurance, why pay for it? |
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| Do I have to have my vehicle repaired where the insurance company wants me to have it repaired? | |||||||||
| No.
Usually insurance companies try to get you to take your vehicle to a body
shop that they work with on a regular basis. All such body shops are biased
towards the insurance company because the insurance company is sending them
more business than you are. In such cases, the insurance company's body
shop will assist the insurance company in reducing the cost of repairs by
putting used or after market parts on your vehicle or by telling you that
certain damage to your vehicle was not caused by the accident. You are not
required to have your vehicle repaired at the insurance company's body shop
or at any body shop on a list that the insurance company gives you. You
can have your vehicle repaired at any body shop you choose. It is best to
take your vehicle to a body shop that you trust. If you do not have one,
San Diego Law Firm can help you find one. |
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| Am I entitled to a rental car? | |||||||||
| Yes.
The party who caused the accident is legally obligated to pay for your rental
car if you need one. You are entitled to a same or similar vehicle while
you are without your car. You may also have rental car coverage on your
own automobile insurance policy. If so, you can use your own coverage to
pay for the rental car and then seek reimbursement from the responsible
party for any part of the rental expense not covered by your own insurance
policy. |
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| What benefits am I entitled to under my automobile insurance coverage? | |||||||||
| Typical
coverages included in a California automobile insurance policy are bodily
injury liability, property damage liability, comprehensive and collision,
medical payments, uninsured/underinsured motorist bodily injury, uninsured/underinsured
collision deductible waiver, towing and rental car. The applicability of
coverages and the extent of coverages are often determined by complex legal
analysis. You should seek the advice of San Diego Law Firm to assist in
determining which coverages are available to you following a motor vehicle
accident. |
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| What if I do not have automobile insurance? | |||||||||
| The
law is very complex regarding automobile insurance. In certain situations
you are not required to have automobile insurance, such as when you are
a passenger. In other situations you may be covered by someone else's automobile
insurance, such as when you are driving someone else's vehicle or using
your vehicle for work. Even if you do not have automobile insurance when
you are supposed to, you are still entitled to recover for the cost of repairing
your vehicle and your medical bills if the accident was caused by someone
else. It is important that you seek the advice of San Diego Law Firm even
if you believe you do not have automobile insurance. |
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| What if I do not have health insurance? | |||||||||
| If
the accident was not your fault, it will be easy for you to obtain treatment
from a medical facility on a lien basis. This means that you will receive
medical care for your injuries in exchange for your promise to pay for the
medical bills from the proceeds of your settlement upon resolution of your
case. Even though you do not have health insurance, you may have medical
payments coverage under your automobile insurance policy. Medical payments
coverage will also pay for your medical bills just as health insurance would.
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| What should I do at the scene of an accident? | |||||||||
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The first thing you should do is render aid to anyone at the scene that needs it, including yourself. If you are physically able, you should contact the police. It is best to have the police investigate your accident. That way you are protected against the other parties to the accident giving you false information or changing their story later. Make sure to tell the police about any injuries that you have so there is documentation. Get any witness information you can such as name, address and telephone number and what they saw. If you have a camera or camcorder, you should consider using them to document the scene, the position of the vehicles after the impact and the damage to all vehicles involved. Exchange information with the other parties such as year, make and model of all vehicles involved, name, address, telephone number and Drivers License number of all parties involved, and each parties insurance carrier and policy number. Helpful Hint: Be nice and helpful. Your demeanor and interaction with others will be introduced into evidence if your case goes to trial. |
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| Where should I have my vehicle towed? | |||||||||
| If
your vehicle is not driveable, ask the tow truck driver to tow your vehicle
to the place where you want it to be repaired. If you do not know where
you want it repaired, then ask that it be towed to the tow truck yard and
you can have it moved later when you know where you want to have it repaired. |
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How to Contact San Diego Law Firm
We handle matters throughout California, and new clients are always welcome. For more information or to make an appointment, please contact us either by:
Telephone: (619) 794-0243
E-mail: contactus@SanDiegoLawFirm.com
Contact Form:
You may also use the
form below to contact us. We will answer you as quickly as we can during our business hours, Monday through Thursday, 8:00 AM to 7:00 PM, and Friday 8:00 AM to 5:00 PM. Please remember that before we can become your attorneys, we must both first sign a written attorney-client agreement, so please do not email any confidential information at this point. After we have reached an agreement with you, we can then exchange information freely. We look forward to helping you.