Long Beach Personal Injury Lawyer - Automobile Accidents - Most Commented

Auto Accident Question And Answer

IB Contributor — Sat, 07 Jul 2007 14:55:52 GMT

The following is an email I received regarding an automobile accident claim and my reply:

Question submitted:

While waiting at the red light, a young woman in a Toyota 4 runner hit my car in the rear. (Ford Mustang). Farmers Insurance authorized repairs on the same day. The total cost of repairs was $967.93, which included replacement of the rear absorber and bumper cover. At the time of the accident, I felt fine. Within 48hrs, I felt back pain, I tried to self treat. The pain became unbearable, a Kaiser physician documented my upper back tenderness and back pain upon flexion. I was prescribed pain medication and a muscle relaxer. I also received chiropractic treatment. Total bill $1,800. Today, I received a denial letter from Farmers Insurance which states, due to the low impact of the accident, they will not honor my medical claim. Do I have grounds to file a lawsuit? I really suffered after the accident. Please help.

My response:

What you have experienced is par for the course. This is how Farmers handles what they consider to be "low impact" auto accident personal injury claims.

You do have grounds to file a lawsuit. However, that is not really the question. What you really want to know is, "How do I economically recover what I am entitled to for my medical expenses, out of pocket expenses, other recoverable losses as well as "pain & suffering?"

First, what it takes to fight Farmers, through a trial, to rightfully recover what you are entitled to, will cost much more than you could reasonably recover. Farmers will have their team of "expert witness" testify that you could not possibly be injured from this accident. To counter their experts with experts of your own and pay the other necessary litigation costs to complete a trial, you'd be into the case for at least $10,000 to $15,000. I would expect 75% of the jury verdicts for your case, assuming the jury believes your position rather than Farmers, to be in the $4,000 to $8,000 range. You could easily win the case and lose thousands of dollars. Farmers knows this. That's how they get away with denying a claim like yours.

In days past, if Farmers pulled this tactic on you, you could go to trial, win your $4,000 to $8,000 and then sue Farmers for "insurance bad faith" (failure to fairly adjust a legitimate claim). You could seek punitive damages for their despicable conduct. However, our State Supreme Court, reversing previous rulings, struck down a person's ability to punish insurance companies for such tactics. The insurance lobby, probably the strongest lobby in California, continually keeps our law makers from passing any laws that would give people like you an opportunity to hold insurance companies accountable for their "wrongful denial of claims" tactics.

So, what can you reasonably do? Wait. Wait at least a year to see how your injuries heal. Only then will you know the full extent of your injuries. If your injuries and losses are large enough to make economic since to hire an attorney and go to trial, that's what you do. Keep in mind that many back injuries do not fully manifest themselves for many months to years. You have two years from the time of your accident to file a lawsuit.

If you are lucky and your back heals up fine and you have no further problems, first consider yourself fortunate and second, sue the other driver in small claims court. Small claims court is easy and inexpensive. The insurance company can not come in and defend their insured, the negligent driver. No attorneys are allowed in small claims court. I have never heard of an insurance company having their insured bring expert witnesses into trial. Besides, the negligent driver is not likely to know how to present the expert witness testimony. There are a number of websites devoted to teaching you the simple procedures of small claims court. I would expect a small claims judge to award you between $3,600 and the small claims maximum of $7,500.

If you have further questions, contact an attorney from InjuryBoard.com.
Good luck!

John Bisnar
Bisnar Chase LLP

For more information on this subject, please refer to our section on Car and Mototrcycle Accidents.

Originally posted at InjuryBoard by IB Contributor

Man Dies in Long Beach Car Accident

Shannon Weidemann — Sun, 28 Oct 2007 13:55:06 GMT

A 24-year-old man from Anaheim was killed in a car accident on the Long Beach Freeway on Saturday. He was a passenger in a Camry that hit a tree. The 18-year-old driver was believed to be driving under the influence when he lost control of the vehicle.

As he approached the overpass at about 70 mph, Arvizu swerved to the right to enter the transition lane and lost control of the Camry.
The car went over a raised concrete divider, down an embankment and hit a tree, the report said.

The other passenger in the car was hurt and taken to a local hospital to be treated for her injuries. The driver was uninjured in the car accident. He has been arrested following the accident.

Originally posted at InjuryBoard by Shannon Weidemann

Pedestrian Hit by Muni Bus

Shannon Weidemann — Tue, 02 Oct 2007 18:02:16 GMT

A person was hit by a Muni bus this morning in San Francisco. The pedestrian accident happened on Market Street. The victim was crossing the street at the time of the accident. Four people were hit by Muni vehicles in August.

Today's accident occured at 5:50 a.m. on Market near Sixth Street, said San Francisco Police Lt. Mike Cleary. The pedestrian was taken to the hospital with minor injuries, he added.

There have been five fatalities in 2007 due to Muni vehicles. Three of those accidents were in August. This morning's accident is being investigated and it is not yet known what caused it. Witnesses will be interviewed to determine what happened.

Originally posted at InjuryBoard by Shannon Weidemann

Floor Mats Recalled by Toyota

Shannon Weidemann — Sun, 30 Sep 2007 15:18:28 GMT

Toyota has received complaints that some of their vehicles may be accelerating unintentionally and they are now issuing a recall for floor mats. The recall covers placemats in certain Camry and Lexus models. Owners of all Toyota models are urged by the National Highway Traffic Safety Administration to make sure their floor mats are installed correctly.

As the Free Press first reported last month, NHTSA had opened an investigation into the floor mats after amassing 40 reports of unintended acceleration in 2007 Lexus ES 350 sedans, including eight crashes and 12 injuries.
Since then, NHTSA has received complaints from owners of other Toyota models about the problem.

The NHTSA has also received complaints about the Tacoma pickup truck and the RAV 4. The recall is for 55,000 floor mats. Toyota will be offering a free replacement floor mat.

If you would like to read more about product recalls, please visit InjuryBoard's Product Recall Information page.

Originally posted at InjuryBoard by Shannon Weidemann

Pedestrian Killed in Alhambra

Shannon Weidemann — Tue, 18 Sep 2007 14:14:10 GMT

A car accident on the San Bernadino Freeway killed a woman who may have been a pedestrian in the area. An SUV going westbound ended up overturned on the eastbound freeway. The pedestrian accident happened on Monday evening.

The details surrounding the crash were unclear, but reports called in to the CHP indicated that a GMC Yukon hit another vehicle and ended up overturned on the other side of the freeway.
The victim, a woman in her early 20s, was pronounced dead at the scene, Gonzalez said.

The accident closed several lanes of the freeway. The accident happened in Alhambra near the Long Beach Freeway.

If you would like to read more about pedestrian accidents, please visit InjuryBoard's Pedestrian Accident information page.

Originally posted at InjuryBoard by Shannon Weidemann

Lakeport School Bus in Accident

Shannon Weidemann — Fri, 14 Sep 2007 08:37:17 GMT

A school bus for the Lakeport Unified School District was involved in a minor car accident while trying to make a wide right turn on Monday afternoon. A Chevrolet Camaro was the other vehicle in the accident. The school bus driver was named the School Bus Driver of the Year by the California Highway Patrol for his safe driving record.

"The school bus was far to the left, preparing to make a wide right turn, the driver didn't notice and also tried to make a right turn, and the bus ended up clipping the car," said California Highway Patrol officer Adam Garcia.
According to Garcia, although no injuries were involved, CHP is required to document all school bus accidents. The driver of the 1991 Camaro, a minor, resides in Lakeport.

No one was injured in the accident. The accident is still being investigated by CHP and no tickets have been issued. A CHP officer stated that there has been a growing number of motorists that are not aware of the laws involving school buses.

If you would like to learn more about car accidents, please visit InjuryBoard's Car Accident page.

Originally posted at InjuryBoard by Shannon Weidemann

Long Beach Police Car Involved in Accident

Shannon Weidemann — Sat, 01 Sep 2007 17:37:24 GMT

Three people were injured when they were involved in a car accident with a Long Beach Police car. The accident happened on the Pacific Coast Highway. There were two officers in the police car and three people in the other vehicle.

The patrol car was traveling southbound on Santa Fe Avenue and was making a left turn onto PCH when it was struck by a 1980 Toyota Celica, Long Beach police Officer Jason Evans told the Press-Telegram.
The driver and his two passengers -- all in their late 20s to early 30s -- were taken to a hospital in stable condition, he told the newspaper.

The police officers were not hurt in the accident. The police department is investigating the accident.

Originally posted at InjuryBoard by Shannon Weidemann

Houston Boy Injured in Pedestrian Accident

Shannon Weidemann — Tue, 28 Aug 2007 12:41:36 GMT

An 11-year-old boy from Houston was injured in a pedestrian accident on Long Point on Friday evening. The boy had run out into the street where he was hit by a pickup truck. His injuries were severe and he was flown by helicopter to Memorial Hermann Hospital.

Guevara was driving a Chevrolet pickup in the left lane of the road way when the accident occurred.
Investigators do not believe Guevara is responsible for the accident, but he was arrested and charged for driving with a suspended license.

No one else was injured in the accident. A Metro bus had stopped in the area to pickup and unload passengers just before the accident.

For more information on this subject matter, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Shannon Weidemann

Coronado Sued After Lifeguard Drives Truck Over a Woman on Beach

Shannon Weidemann — Sun, 26 Aug 2007 11:47:41 GMT

A woman vacationing in Coronado last August has sued the city after she was run over by a truck being driven by a lifeguard. The personal injury lawsuit is asking that trucks not be used on the beach anymore and all vehicles should have a warning alarm when they are moving. She is also seeking monetary damages for her injuries and time off from work.

The lawsuit alleges that a lifeguard, who is not identified, "drove the vehicle right over Plaintiff Sarah Bouvet as she lay on the beach - running over both legs, thighs and ankles, first with the right front tire, then with the right rear tire."
Bouvet was in the hospital for two days. Doctors took X-rays and scanned her body for injuries. She said she suffered "big bruises, and burns on my legs and thighs."

The city provides lifeguards with a beach driving training course. The California State Parks department states the amount of lifesaving equipment that they need means that trucks are necessary.

Originally posted at InjuryBoard by Shannon Weidemann

Car Accident Kills Man in Long Beach

Shannon Weidemann — Mon, 06 Aug 2007 12:42:08 GMT

A 23-year-old man from Compton was killed in a single car accident in Long Beach last week. He was the one driving the car that also contained a female passenger.

The victim

was driving southbound on Cherry Avenue in a green 1993 Jeep Cherokee when he drove up onto a raised center median, struck a tree and spun 190 degrees before coming to a rest with all four tires on the median, Pratt said.
Police believe Castillo may have had a medical emergency based on information from a female passenger, Pratt said.

He was wearing a seat belt during the accident. Paramedics took him to Long Beach Memorial Medical Center. His heart stopped and doctors were not able to save him. The accident and death are being investigated.

Originally posted at InjuryBoard by Shannon Weidemann