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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

Person Dies in San Jose Car Accident

Shannon Weidemann — Sat, 28 Jul 2007 12:12:38 GMT

One person died and another two were injured in a car accident on Interstate Highway 280. The three car accident happened during Thursday morning rush hour traffic. The car accident happened in San Jose at Race Street and ended with one car on fire.

At about 7:38 a.m. the three-car accident was reported to the CHP. Several drivers who passed the scene reported seeing a black Toyota Camry as far back as Wolfe Road in Cupertino traveling at speeds up to 100 mph and at times traveling in the center divider, according to CHP Officer Todd Thibodeau.
At about 11 a.m. a completely burned-out Honda sat ripped open like a tin can, facing the wrong direction. A yellow tarp flapped in the wind, partially melted to the wreckage of the victim's Honda. Glass crunched under investigators feet as they measured skid marks on the pavement. A third car, a Mazda 626, had already been removed from the scene.

According to the California Highway Patrol the two people who were hurt only had minor injuries. They are still investigating 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

Speeding Leaves Two Dead in Seal Beach Crash

IB Contributor — Tue, 29 May 2007 12:13:12 GMT

Two Long Beach residents were killed in a fiery traffic accident May 20 on Pacific Coast Highway in Seal Beach, which authorities say was caused by speed, according to an article in The Orange County Register.

Last week, officials released the victims' names, identifying them as Grisna Meas, 17, and 52-year-old Rick Vetter. A third victim suffered non life-threatening injuries. Crash investigators determined that alcohol or street-racing were not factors in this crash.

The accident occurred at about 6:35 p.m. in the 15900 block of PCH when a Honda, a BMW, a Ford sport utility vehicle and a Mercedes Benz collided. Officials sid 20-year-old Daneshio Lankford, who was driving east on PCH, lost control of his Honda and crossed over into oncoming traffic, the Register article said. Lankford's car slammed into the BMW, causing it to burst into flames. Vetter, the driver of that car, died instantly, officials said. Grisna, Lankford's passenger, also died on the scene. Lankford himself suffered a broken leg and arm and was transported to Long Beach Memorial Hospital, according to the report.

Officials are saying that speeding was probably what caused Lankford to lose control of his vehicle triggering the chain reaction crash. Traffic was snarled on PCH, which was closed for several hours that night between Anderson Street on the south and Seal Beach Boulevard on the north, according to the Register article. Seal Beach police and California Highway Patrol officials are investigating the crash.

Speed kills and that's the truth. According to the Insurance Information Network of California speed influences drivers by reducing the reaction time they need to avoid crashes and also increases the risk of injury or death. Higher speeds also reduce the ability of vehicles and restraint systems to protect the vehicle's occupants. According to research done by IINC, crash severity increases disproportionately with vehicle speed. So a frontal impact a 35 mph is one-third more violent than one at 30 mph.

The injuries, loss and heartache that come out such an incident are just not worth the thrill someone might experience from speeding. It's a cheap thrill with terribly costly consequences.

If you or a loved one has been injured in an auto accident caused by a negligent or drunk driver or a defective, product, contact me for a free consultation

Originally posted at InjuryBoard by IB Contributor

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

Long Beach Car Accident Kills Woman

Shannon Weidemann — Thu, 24 May 2007 14:52:24 GMT

A woman making a U-turn on Conant Street in Long Beach caused a car accident Thursday. The 62-year-old woman from Downey drove her car right into the path of another while making the U-turn. The Long Beach man did not have time to stop his car.

Rescue crews worked to revive the critically injured woman as they rushed to Long Beach Memorial Medical Center. Emergency room staff also worked to save Pennington's life, but she succumbed to massive head and internal injuries not long after arrival, authorities said.
The driver of the Lexus sedan was not seriously hurt, Nash said.

The police are not filing any charges against the driver of the other vehicle as this time. If you witnessed the accident and have further information please contact the Long Beach Police Department.

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

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

Reckless Drivers in Long Beach Kill Pedestrian

Shannon Weidemann — Sat, 04 Aug 2007 12:25:33 GMT

A woman crossing the road at Paramount Boulevard between Candlewood Street and 55th Street. Two cars were speeding down the street, one in pursuit of the other. One of the vehicles hit the pedestrian in Long Beach.

Both drivers were driving about 60 mph in a 35 mph zone, Pratt said.
There was a dispute between the drivers, and Wiswell, who was driving in front of Anderson, slammed on his brakes, causing Anderson to swerve left in an attempt to avoid a collision, according to police.

The victim was taken to Long Beach Medical Memorial Center but her injuries were too severe and she died. Both drivers were charged with reckless driving and vehicular homicide.

Originally posted at InjuryBoard by Shannon Weidemann