When you get behind the wheel, you expect other drivers to have insurance. Unfortunately, not all drivers are responsible, and some lack insurance altogether. This is where uninsured motorist (UM) coverage becomes essential. Understanding this coverage can help you protect yourself and your family from significant financial burdens after an accident. Here’s why you should consider it seriously.
Uninsured motorist coverage is an important part of your auto insurance policy. It compensates you for damages and injuries caused by uninsured drivers. This coverage typically has two key components:
Some policies may also include underinsured motorist (UIM) coverage, which kicks in when the at-fault driver's insurance doesn't fully cover your losses. For more detailed information on these types of coverage, you can refer to the Insurance Information Institute.
Despite mandatory insurance laws in many states, a significant number of drivers are still either underinsured or uninsured. Studies indicate that about 12% of drivers in the United States do not have insurance. This statistic underscores the importance of having uninsured motorist coverage. It protects responsible drivers from the financial fallout of accidents caused by uninsured motorists. For further insights, check the National Association of Insurance Commissioners (NAIC).
Car accidents can lead to substantial costs, including medical bills, property damage, and lost wages. If the other driver is at fault and lacks insurance, you will be responsible for these expenses. UM coverage ensures you won't have to bear these costs alone. You can learn more about how to navigate these situations at FindLaw.
Having UM coverage gives you confidence while driving. Even if you encounter an uninsured driver, you can feel secure knowing your insurance will cover the damages.
Uninsured motorist coverage is generally affordable and can be easily added to your auto insurance policy. It offers protection across various accident scenarios, from minor fender benders to serious collisions.
Imagine you're driving home from work when another vehicle cuts into your lane, causing an accident. The other driver either stops and leaves or drives away entirely. In such a case, tracking down the responsible party may be impossible. With UM coverage, you can file a claim for your medical expenses and car repairs without facing the costs alone.
Picture this: You're at a red light when another driver runs the signal and crashes into you. The police confirm that the other driver is at fault. However, when you exchange insurance details, you discover the driver is uninsured. Without UM coverage, you'll have to cover your medical bills and repair costs yourself. With UM coverage, your insurer will help cover those expenses.
Sometimes, the at-fault driver has insurance, but their coverage isn't enough to pay for your losses. For instance, if you suffer $50,000 in medical expenses and the other driver has a $25,000 coverage limit, UIM coverage can help cover the remaining amount.
If you're a pedestrian and an uninsured driver hits you, UM coverage can be crucial. Medical bills and lost wages from your injuries can add up quickly. UM insurance will help cover these costs, easing your financial burden during a challenging time.
Cyclists face risks on the road, and accidents can lead to significant medical expenses. If an uninsured driver collides with you while biking, UM coverage ensures you won't be left with hefty bills to pay on your own.
Uninsured motorist coverage is a vital component of your auto insurance. It protects you financially when the driver at fault is uninsured or underinsured. This coverage lets you drive with peace of mind, knowing that you are safeguarded against the financial consequences of accidents, including hit-and-runs and collisions involving uninsured drivers. As you review your auto insurance policy, consider the benefits of UM coverage to ensure you are adequately protected while on the road. At KAASS LAW, we emphasize the importance of having the right coverage to protect yourself and your family from unexpected expenses. Don't wait—review your insurance today!
Motorcycle accidents occur daily, frequently with disastrous results. Motorcyclists are more vulnerable to risks on the open road than car occupants, who are protected by a steel frame, airbags, and seatbelt restraint systems. There are many common types of motorcycle accidents and injuries that can happen on the road. Injuries vary from the severity of each collision. Motorcycle accidents and injuries can be common occurrences due to many factors such as speed, lack of protection, or being an unexpected obstruction. The article will explore some common types of motorcycle accidents and injuries that motorcyclists face while traveling throughout the roads.
Riding the open road with the wind hitting your way can be eventful in your motorcycle rental. However, things can go sideways when dealing with a collision that puts bodily harm upon yourself. Since the vehicle is not yours, or if the other party collided with you with a rented motorcycle, the question arises. Can I sue a rental motorcycle company for this accident? This is a valid question to ask, and here at KAASS LAW, we can help. We understand the devastating impact accidents can have. Furthermore, we dedicate to helping injured individuals understand their rights and pursue just compensation. The following will explore the circumstances under which a rental motorcycle company might be liable for an accident. As a result, this will bring challenges involved in such cases.
When the driver of a rental vehicle is a part of the accident, it is important to know who is liable and how the injured victim must get compensation for the caused injuries. Usually, incidents where a rental motorcycle has been obtained by a driver do not lead to a case because the driver accepts responsibility for the motorcycle, and the rental company can't be responsible for damages to the victim. Though, it is often difficult to discern without a thorough investigation which insurance carrier must provide funds. When the driver has purchased a rental company's insurance, less coverage is allocated to the driver than his own insurance would allow. Generally, a renter needs to get his own liability insurance to rent a car, and if he doesn't, he is supposed to buy liability insurance with minimum coverage through the rental vehicle company. In California, rental vehicle companies do not automatically provide protection to a renter as part of the rental agreement, though some do provide minimum liability protection to international renters. In case a person is suing a driver of a rental motorcycle for causing injuries, usually, he will have to establish the elements of negligence such as duty, a breach of duty, causation, and damages. But, in case the driver has insufficient insurance coverage for the accident, whether, through his personal insurance policy or a policy from the rental motorcycle company. The injured person may not be able to recover the full scope of the damages. Even if he manages to establish the driver's liability for the accident.
California, with its diverse terrain and scenic highways, is a haven for motorcycle enthusiasts. However, the freedom of the open road comes with responsibilities. California law mandates specific equipment requirements for motorcycles to ensure rider safety and promote responsible riding practices. Furthermore, certain modifications are illegal so we may prevent unsafe conditions and excessive noise pollution. At KAASS LAW, we commit to promoting motorcycle safety and helping riders understand their legal obligations. The following will provide a comprehensive guide to the required and prohibited motorcycle features in California, empowering you to ride legally and safely.
California law mandates several essential pieces of equipment for all motorcycles operating within the state:
Pedestrian vs vehicle accidents occurs far often than one may believe, especially in Los Angeles. California has several right-of-way laws designed to protect pedestrians and may serve to show that a driver is liable for an accident.
CVC 21950(a) provides that "the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided..."
In order for an injured pedestrian to recover in a personal injury lawsuit they must prove:
An experienced Glendale personal injury lawyer can evaluate the facts and circumstances of a case and help recover for damages such as:
Some common personal injury cases include:
There are two types of damages that are recoverable in California personal injury cases, which include special damages and general damages. Special damages are those damages that are financial in nature, such as hospital and medical bills or lost wages. On the other hand, general damages are those that are non-financial losses, including pain and suffering, loss of consortium, and emotional distress.
California Proposition 213 restricts uninsured drivers from recovering general damages, or compensation for pain and suffering, following a car accident. Unfortunately, often times, insurance gaps happen, and so do auto accidents. In California, drivers are required to carry liability insurance when operating a motor vehicle on a public road.
California Prop 213 was created to prevent uninsured drivers from recovering money for pain and suffering following an accident. However, it does not limit your ability to recover medical costs, lost wages, or compensate you for future medical charges, if your accident was caused by a negligent driver. There are exceptions to the rule, and with a knowledgeable Glendale personal injury attorney, you can receive the compensation you deserve. Prop 213 does not apply to:
Judgement or settlement which exceeds policy limits after denying a settlement offer within policy limits and the excess settlement rule. California Court of Appeals ruled that primary insurance companies are responsible for paying all losses in excess of policy limits after denying a within-limits settlement offer, regardless of whether the excess loss arises out of a verdict, judgment or a settlement.
The Second District California Court of Appeal’s August 5, 2016 opinion in Ace American Ins. Co. v. Fireman’s Fund Ins. Co. found that “where the insured or excess insurer has actually contributed to an excess settlement, [the insured or excess insurer] may allege that the primary insurer’s breach of the duty to accept reasonable settlement offers resulted in damages in the form of the excess settlement.” The lack of a final judgment was immaterial, as there was “no persuasive reason to hold that the [policyholder] or its assignee, [the excess insurance company], must suffer that loss with no remedy simply because the case reached an eventual settlement instead of being litigated through trial.”
The impact a motorcycle accident can have on a rider or passenger often times inflict damage, ranging from a road rash, broken elbows, hairline fracture, brain hemorrhaging, or a crushed pelvic girdle. It is important to treat your injury and to take immediate action to protect both your legal rights and compensation.
There are many types of injuries involving broken bones caused by a motorcycle accident. Its important to remember that there are different classifications of "broken bones", such as the following:
Motorcycles are more likely to get into accidents than any other motor vehicle. According to the Insurance Information Institute, in 2015, there were 88,000 motorcycle accidents injuries. In motorcycle accidents, knowing your options as a passenger on a motorcycle involved in an accident is important. It is critical for the rider of a motorcycle to have proper motorcycle insurance. Most biker clubs have discounts for motorcycle insurance to avoid being denied damages under California Proposition 213.
Under California law, riders of motorcycles must have insurance with liability coverage. This means that the passengers in a motorcycle accident would have coverage for property damage and bodily injury caused by the rider. This coverage does not cover the damages of the rider unless it has comprehensive coverage, usually coverage for property damages only. Thus, if a rider is at-fault and has liability and comprehensive insurance coverage, then the rider's insurance will cover passengers' personal injuries and rider's property damages only. Coverage. This coverage applies when the rider is not-at-fault and the at-fault opposing driver's coverage is nonexistent or insufficient. In this scenario, the rider and the passenger can make a claim for injuries towards the rider's (in case of no coverage) or (in case of insufficient coverage) motorist coverage. Are you wondering about ? The rider's insurance company will cover for medical expenses irrespective of fault up to the Medical Payments coverage limit, which is usually anywhere from $1000-$10,000.
Due to their lack of protection, motorcycle riders are extremely vulnerable when on the road. Because motorcycles are not protected, it is believed that they may suffer catastrophic injuries in an accident. Motorcycle accidents frequently result in the following injuries:
TBI occurs when an individual suffers a forceful blow to the head, resulting in intense shaking. A biker who is engaged in an accident suffers a significant injury, especially if they are not wearing a helmet. A person's physical and cognitive abilities will be impacted by a TBI. In order to fully recover from a TBI, the person must have many procedures. In some situations, the injury may have long-term consequences for the individual.
After a crash, a motorcycle rider is likely to make physical contact with the ground. They may break bones depending on the force of the strike. The most common portion of the body to be injured in a motorbike accident is the ribs.
When a motorcyclist's skin is scraped against the road, this painful injury occurs. Road burns aren't often fatal, but if they're not treated properly, infections can develop. Failure to seek medical help may result in permanent scarring on the pulled body part.
Internal bleeding can occur when internal organs are damaged or pierced as a result of a strong force striking the body. Any area of the body might bleed internally. Internal bleeding is a hidden damage, thus it's critical to see a doctor following a motorbike accident. Even if you don't think you were seriously hurt in the accident, it's a good idea to go to the hospital and get checked out.
The spine is one of the most susceptible regions of the body. If it is subjected to a significant amount of force, it may become paralyzed permanently. If a motorcycle rider lands on their neck or back, there is a good risk they will get this injury. Basically, anything that has a strong impact on a person's back might cause injury to the spinal cord. An individual may suffer from a transient or permanent spinal cord injury, depending on the circumstances.
Unfortunate events occur. You may be entitled to compensation for your losses if you were hurt as a result of someone else's negligence. Here's a quick rundown of the many types of losses. Damages are a form of monetary award made by a court of law to compensate an injured party for any losses or injuries experienced as a result of someone else's negligence.
Economic damages are meant to recompense a plaintiff for losses that can be quantified in monetary terms. Economic damages are assessed by calculating the amount of out-of-pocket losses that an injured party has or would have as a result of their injuries. Find below examples of economic losses:
Non-economic damages are meant to cover losses that are considered subjective, but they do not always pay out-of-pocket expenses. Compensation for non-economic damages may include:
Punitive damages are the third sort of damages that a California court may award. Punitive damages are designed to penalize the defendant and are only granted when the defendant's actions are particularly detrimental. Punitive damages are uncommon, accounting for approximately 5% of all judgements. Furthermore, there is no universally accepted formula for assessing and assigning punitive damages. Punitive damages are awarded at the discretion of the court and will vary depending on the facts of the case.
A motorcycle accident lawyer can assist you in identifying concerns in your case. Without an adequate investigation, even the most straightforward case can pose complexities and impediments, and this inquiry should be conducted as quickly as possible after the collision. Feel free to give our office a call at 310.943.1171 or schedule a consultation by calling now!
In California, rental vehicle companies do not have an legal obligation to investigate a renter's driving record. However, the situation is different in case the at-fault driver rented the car with a suspended license. The rental motorcycle company is required to check the license and compare the signatures on the customer's license and the rental agreement. In case the rental vehicle company doesn't follow the mentioned procedure of verification, it may be held directly liable for negligent entrustment. This is when it rents to an incompetent or unfit driver who has a revoked or suspended license. The rental agency can also be liable if the provided motorcycle had a defect that could lead to an accident, and it was known by the company without a fix implemented. So, there was foreknowledge about the defective materials or parts within the motorcycle that were allocated to the victim of the accident. Even if an insurance policy coverage is at the motorcycle company. The business could still be liable for the damages due to the breach of duty. Furthermore, claims go through an insurance provider to guarantee compensation and recovery of the victim.
If you sustain an injury in an accident involving a rented motorcycle, it is important to seek legal consultation as soon as you can. Our personal injury firm can:
At KAASS LAW, we have years of experience in handling personal injury cases, including motorcycle accidents, with rental companies. We understand the complexities of these cases and we commit to helping our clients obtain the compensation they deserve. If you've you've been injured in an accident involving a rented motorcycle, contact us today for a confidential consultation. We will review your case, explain your options, and help you navigate the legal process. Don't face this difficult time alone. Let the experienced attorneys at KAASS LAW fight for you. https://www.youtube.com/watch?v=JdxKaTtFv-A If you’ve been injured in a motorcycle accident, we invite you to contact KAASS Law for a free consultation at (310) 943-1171. Our staff speaks English, Spanish, Armenian, Russian, and French.
California law also prohibits certain motorcycle modifications that can compromise safety or create excessive noise:
Adhering to California's motorcycle equipment requirements and modification restrictions is not only a legal obligation but also a crucial safety practice. Properly maintained and legally compliant motorcycles contribute to a safer riding environment for everyone on the road.
Riding under the influence of cannabis in the state of California can result in a DUI charge. As a result, a rider can get penalties and fees, including suspension of a motorcycle rider's license and driving privileges. In case the motorcyclist caused an accident while under the influence of cannabis, he can be financially liable for injuries and other damages.
Lane splitting is when a motorcycle rider drives between two lanes of traffic to get around other vehicles. In the state of California, it is legal to practice lane splitting on the state's roadways. Here are regulations related to lane splitting:
At KAASS LAW, we dedicate to promoting motorcycle safety and helping riders understand their legal features or help them understand CA Motorcycle Insurance. As always, we ask our clients and riders to stay safe out there! If you have any questions about motorcycle equipment requirements, modifications, or any other legal matters related to motorcycling, contact us for a free consultation. We can provide guidance and representation to ensure you're riding safely and legally within the boundaries of California law. https://www.youtube.com/watch?v=tEKrzYAGGiU
There are two types of damages that are recoverable in California personal injury cases, which include special damages and general damages. Special damages are those damages that are financial in nature, such as hospital and medical bills or lost wages. On the other hand, general damages are those that are non-financial losses, including pain and suffering, loss of consortium, and emotional distress.
The statute of limitation for bringing a pedestrian vs car accident is 2 years from the date of the accident. However, claims involving government tort or injury involving a government entity, such as a car accident with a government city vehicle, requires the injured party to first file a claim with the appropriate governmental agency within 6 months from the date of the accident. Finally, depending on the outcome of the claim, the claimant will then have either 6 months or two years to file suit. If you fail to follow the guidelines for the statute of limitations, you may lose your right to file a claim.
California Code of Civil Procedure section 335.1 provides, an injured pedestrian has two years to file a claim against those who may be liable for their accident.
Our personal injury attorneys specialize in various personal injury matters including complex personal injury cases, government torts specifically related to auto accidents, motorcycle accidents, left turn motorcycle accidents, truck accidents, multi-car accidents, which involve a government vehicle such as Metro Bus, fire truck, U.S Postal Service, and Water & Power Truck. If you have been involved in an accident involving a Government vehicle, give our office a call at (310) 943-1171 for a free consultation. [contact-form][contact-field label="Name" type="name" required="true" /][contact-field label="Email" type="email" required="true" /][contact-field label="Website" type="url" /][contact-field label="Message" type="textarea" /][/contact-form]
[video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2020/02/California-Pedastrian-Vehicle-Accident.mp4"][/video]
Loss of consortium is a claim for damages suffered by the spouse or children of a person who has been injured or killed as a result of the defendant's negligent or wrongful acts. Generally, claims for loss of consortium are not awarded unless the person injured dies or suffers a severe and enduring injury. The suing party must show that the injured or deceased family member cannot provide his or her spouse or family member with the same love, affection, companionship, comfort, society, or sexual relations that were provided before the accident.
Statute of limitations is the period of time you have to file a claim or suit. Personal injury cases have a statute of limitations varies depending on the type of case, but generally, the time limit usually starts on the day the accident or injury occurred and can last anywhere from 1 to 2 years. However, in claims involving government tort or injury involving government entity, such as an car accident with a government city vehicle, requires the injured party to first file a claim with the appropriate governmental agency within 6 months from the date of the accident. Finally, depending on the outcome of the claim, the injured party will then have either 6 months or two years to file suit. If you fail to follow the guidelines for the statute of limitations, you may lose your right to file a claim. Thus, it is vital you speak to a Los Angeles personal injury lawyer immediately to preserve your claim! Our lawyers in Glendale, Los Angeles, California, will be happy to help you through every step of your personal injury case.
Our personal injury attorneys specialize in various personal injury matters including complex personal injury cases, government torts specifically related to auto accidents, motorcycle accidents, left turn motorcycle accidents, truck accident, multi-car accidents, which involve a government vehicle such as Metro Bus, fire truck, U.S Postal Service, and Water & Power Truck. If you have been in an accident involving an Government vehicle, give our office a call at (310) 943-1171 for a free consultation! This content is for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Visa, Del Mar
If you were uninsured and injured in a auto accident, our knowledgeable accident attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case. Attorneys at KAASS Law speak English, French, Spanish, Russian, Armenian, and Italian.
In order words, in the event that a policyholder(s) do not have excess insurance, policyholders should argue that their first party insurance company or primary insurer who rejected a within-limits settlement offer is obligated to pay the full amount of any subsequent settlement which exceeds that insured's policy limits. There is no reason why the first party insured should be forced to contribute or pay a settlement of which first party insured could recover by filing at first party bad faith action against their primary insurance company.
California insurance bad faith actions arise when insurance company breaches the implied obligation of good faith and fair dealing. Insurance companies must, unreasonably or without proper cause, act or fail to act in a manner that deprives the insured of the benefits of the policy. It is not a mere failure to exercise reasonable care. However, it is not necessary for the insurer to intend to deprive the insured of the benefits of the policy. Generally, the term bad faith for insurance purposes means an insurance company:
The court found that when an insurer's failure to reasonably settle a claim within policy limits, after primary or "first party" insurance rejected a within-limits settlement offer and there is a judgement against their insured/policyholder, whether by settlement or verdict, the first party insurance company must pay any excess monies, whether through jury verdict, settlement, or judgment. Policy limits demands can be a powerful tool for plaintiffs' insurance lawyers and can cause headaches for claims adjusters. While, it all depends on the circumstances surrounding the claim or issue, an insurer that misses an opportunity for a reasonable settlement of a claim against its insured can now be liable for the full amount of a later judgment, regardless of the policy limits. If you believe that your primary insurance company rejected a within-limits settlement offer and an later there was a subsequent settlement or judgement which exceeds your policy limits or you believe that your insurance company may be acting in bad faith, speak to one of our Los Angeles insurance lawyers for a free consultation and case review. Call our office at (310) 943-1171, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
It is highly recommend that you speak to a Los Angeles motorcycle accident attorney before doing or speaking to anyone., including insurance companies. If you or a loved one was suffered a motorcycle accident injury, then you have a limited time to take action. Please contact us online or call our 24/7 motorcycle accident attorney help line directly at (310) 943-1171 to schedule your free, no-obligation consultation.
https://www.youtube.com/watch?v=zC0xp2SvGnI
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW criminal defense attorneys help clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
The motorcycle passenger, or urban for "b&tch seat" or "riding b&tch" can claim for compensation for injuries sustained as a result of the motorcycle crash from any and all responsible parties by proving fault. This is why riders have a requirement to have an insurance policy that will cover the passengers' injuries. Although claiming injuries against someone you know, possibly a BFF or sweetheart, may or may not be ideal, it is important to understand that you are not going after their piggy bank, as their insurance company will "indemnify" and pay for the injuries up to the coverage limit and save the day! And hopefully, you never have to find out, but if you are reading this, we highly recommend speaking to a motorcycle accident attorney before speaking to anyone else. Whatever you say or do will be used against you and your sweetheart no matter what seat you're riding.
Would you like a free consultation from our personal injury lawyers at KAASS Law? Give us a call now (310) 943-1171 for more information on motorcycle accidents. You will not have to pay us upfront or out of pocket for our services! We get paid when you get paid. [embed]https://www.youtube.com/watch?v=cmYyFUF-XQg[/embed]