State-by-state car insurance works either under the presumption of fault or no-fault. What is the difference, and which regulations apply in the state of California? Read on for some important info if you are ever injured in a car accident.
What Is At-Fault Insurance?
At-fault insurance means that every accident will have a driver who is deemed the one to blame for the incident. Even if one driver is considered 51% in the wrong and the other 49%, someone has to be chosen as the at-fault driver. This means one driver’s insurance will be responsible for the other driver’s injuries. Your liability insurance will pay for the other driver’s injuries if you are at fault, and your insurance will only cover your injuries if you have personal injury protection (PIP) insurance.
What Is No-Fault Insurance?
In no-fault states, each driver’s insurance will cover his or her own injuries regardless of who caused the accident. In these states, PIP is mandatory (except in KY, NJ, and PA where a person can opt-out in writing). If you cause an accident, your liability coverage will still pay for the other driver’s car, so the no-fault coverage really just applies to injuries.
What Kind of State Is California?
Only 12 states have no-fault insurance, and California is not one of them. The good news is that if you are in an accident and the other person is at fault, your insurance premiums should not increase (in no-fault states, both drivers are affected). The downside is that the at-fault driver’s insurance may contest their driver being at fault, which could delay a payout.
Getting Help in an At-Fault Insurance Case
Whether the at-fault driver’s insurance is dragging their feet paying damages or offering way less than you should be receiving, Petrov Law Firm can help. Out personal injury attorneys specialize in car accident cases, so you can be confident of getting compensated for medical bills, lost wages, pain and suffering, and the like. Just call 619-344-0360 to schedule your consultation.Read More
Injuries suffered in a car accident can range from minor to major and from short-term to chronic. We’re going to take a look at three types of injuries that are commonly caused by car accidents.
#1 Whiplash and Other Spine Injuries
Whiplash can occur in an accident that takes place going as slow as 5 mph. Even if there is no damage to the vehicle, the spine may have suffered from misalignments. In more serious accidents, neck and back injuries can lead to paralysis or even loss of life. If any part of your spine is in pain in the days following a car accident, you should see a doctor for an examination, even if you were initially given a clean bill of health.
#2 Concussions and Other Head Injuries
Most people do not realize that you don’t have to hit your head to sustain a concussion. If the head is flung around fast enough, the brain can strike the inside of the skull. This is equally traumatic. Even if there are no visible bumps or bruises, you should see a doctor if you hit your head or were seriously jostled in the accident.
#3 Cuts and Lacerations
Whether you are cut by breaking glass or something in the vehicle that broke or became a projectile, you should see a doctor to find out if you need stitches. In some cases, a deep cut can hit a ligament, tendon, or nerve and do significant long-term damage that may require corrective surgery.
If You Have Suffered These or Other Injuries in an Accident
If you are experiencing losses due to an injury suffered in a car accident, you may be able to gain compensation. Before signing anything presented by an insurance company, seek legal counsel. The personal injury attorneys at Petrov Law Firm will be happy to help you understand your rights. Call 619-344-0360 to get started.
As Uber becomes a more popular service in San Diego and across the nation, it only makes sense that more people might find themselves getting a ride through the popular service when an accident occurs. What can you do to be properly compensated if an injury occurs? Here’s what you need to know.
What California Law Requires from Uber
The company itself carries a million-dollar policy to cover cases of personal injury or wrongful death should one of their drivers be at fault. That means while your Uber driver may have personal insurance as well, it will be Uber’s insurance that should cover your settlement.
What if the other driver is at fault? Then it would be the other driver’s insurance that needs to cover your damages due to the accident. But don’t worry about what will happen if the other driver isn’t carrying insurance. Uber’s insurance covers for uninsured or underinsured drivers. That means if the at-fault driver has no insurance or not enough to cover your expenses, Uber’s insurance will take over.
Thanks to California state laws, you don’t have to worry about what will happen if you are in an accident during a ride. You know there are funds to cover your medical expenses and other damages. Now you just need to the right personal injury attorneys to help you maximize your settlement.
If You’re in Need of a Personal Injury Attorney in San Diego
Petrov Law Firm can provide you with the experienced legal counsel you need when an injury occurs in a motor vehicle accident. Contact us today by calling 619-344-0360 to schedule a consultation.Read More
Distracted driving is one of the primary causes of car accidents across the country. In 2015, 3,477 fatalities occurred in accidents involving a distracted driver. What can you do to remain undistracted while at the wheel of your car? Read on for some potentially lifesaving tips.
Always Keep Your Eyes on the Road
How fast can a distraction turn into an accident? Accidents due to distracted driving usually occur within 3 seconds of the distraction. That means it is vital always to keep your eyes on the road. What are some distractions that take a driver’s eyes away from the road for those crucial seconds?
- Checking a mobile device – Be determined not to be distracted by a mobile device while driving. If you are in a fatal accident, you will never get to reply to that text. Better to leave it until you arrive at your destination. You can pull over for emergency calls or texts.
- Adjusting radio stations – Many cars now have buttons on the wheel to help a driver change stations with minimal distraction. If you have a passenger with you, it’s better to allow him or her to be the DJ.
- Conversations in the car – It’s okay to talk to your friends while driving, but be careful not to become so engrossed in the conversation that you are turning to look at your passengers. Avoid emotionally charged conversation that can be even more distracting.
- Eating or drinking – Trying to open a wrapper on a fast food burger can pull your eyes off the road long enough for an accident. It’s better to take a few minutes in the parking lot to eat if you don’t have time to go inside a restaurant.
- Applying makeup – Apply makeup before leaving the house or in the parking lot after arriving at your destination.
- Smoking – If you can’t make it to your destination without lighting up, it’s better to pull over for a few minutes than to smoke and drive. Best of all would be to break the habit.
If You Have Been Injured by a Distracted Driver
In 2015, distracted drivers caused 391,000 injuries. If you have been injured by a distracted driver, you may be entitled to far more compensation that what the insurance company will initially offer you. Before signing anything or accepting a settlement, consult a personal injury attorney at Petrov Law Firm to ensure you are getting what you deserve. Call 619-344-0360 to schedule a consultation now.
First of all, California state law makes each individual driver financially responsible for liability in case of an accident. That means that each driver either needs to have car insurance or needs to care for this responsibility in another manner. For example, you don’t have to have liability insurance if you leave $35,000 cash on deposit with the DMV. Most people don’t have that kind of money lying around, so insurance is how we maintain financial responsibility.
However, there are times when a person may be in a car accident while driving without liability insurance. What happens if that person is you? What happens if that person is the driver who crashes into your car?
If You Are in an Accident with No Insurance
Remember that the other person probably does have insurance and get his or her info. That insurance company still needs to cover you. The fact that you don’t have insurance doesn’t waive the other person’s liability insurance from having to pay for your medical bills and possibly other damages.
If the Other Driver Doesn’t Have Insurance
You probably noticed a fee in your monthly premiums for an uninsured or underinsured driver. In other words, your insurance should have you covered, even if the other driver has no insurance or an insufficient amount of insurance to cover your medical bills. Check your policy to make sure you have this coverage.
Protect Yourself from Insurance Issues After an Accident
Hiring the right personal injury attorney can help you to get what you deserve from whichever insurance company you deserve it from. That’s where Petrov Law Firm steps in and gives you peace of mind. We have experience in getting insurance companies to pay what they really owe you following an accident, rather than the stingy first offer that most make (if they offer to pay anything at all). Just call 619-344-0360 to get your case started today.Read More
One mistake that many accident victims make is telling a police offer that he or she is fine when asked if okay following a car accident. Unfortunately, concussions – a common effect of car accidents – can cause mental confusion. As a result, you may think you are okay when you have actually suffered a head injury. Since the officer doesn’t know you personally, he or she has no way to know if you are acting oddly.
This makes it important to see the doctor after a car accident. A medical professional should be in a better position to identify a concussion. For your information, here are a few things to look out for.
Symptoms of a Concussion
Concussion symptoms are many and varied. Some may appear immediately following the head injury while others may happen days or even weeks later. Here are some possible immediate symptoms of a concussion:
- Memory loss
- Nausea and vomiting
- A “deer in the headlights” look
- Slowed response to questions
- Slurred speech
Symptoms that may occur in the days following a concussion could reveal post-concussion syndrome. These signs include:
- Memory problems
- Personality changes
- Depression and/or anxiety
- Sensory sensitivities
- Vertigo or dizziness
Why Medical Care Is Important
Since some of these symptoms may not occur until later, it is important to have already established with your doctor that you been in an accident. Even if you have been given a clean bill of health, watch out for the above symptoms in the coming months.
Another important thing to keep in mind is not signing any kind of settlement until you have let enough time to pass to know if you are okay or not. If you accept payment from an insurance company and sign a settlement, and then new symptoms arise and lead to medical bills, it’s too late to go back and get reimbursed.Read More
According to a report involving car accident statistics in San Diego from 2000 to 2009, November is the deadliest month for drivers in San Diego with the most fatal accidents taking place in this month. Whether it has to do with daylight savings, sleepiness after a big Thanksgiving meal, or other factors, we want to urge everyone to be careful on the roadways this fall season.
However, if you are in an accident, especially if an injury occurs, it is important to follow a few guidelines at the scene.
- Get the Authorities Involved – If you want to get money from your insurance company, the police have to be involved so that a report can be filled out. Even if there is little to no damage to the vehicle, you may have physical injuries that will only be covered if a police report is filled out properly.
- Get a License Plate Number – This is especially important if it seems like the other driver is going to leave the scene. The police can track down the other driver by means of the plate number and ensure that you get justice.
- Create Your Own Documentation – By using your smartphone to take pictures of the accident scene, you can create your own report that may help when it comes to determining fault. Try to get street signs in the pictures, so the exact location is clear. Document damage to the vehicle. You may even video record the other driver if they seem under the influence or if they are hostile toward you following the accident.
- Hire an Attorney – You don’t want to attempt to get damages for your injuries on your own. The lawyers at Petrov Law Firm are here to help you hold drivers accountable for the losses you have suffered. Call 619-344-0360 to get started today.
Head injuries are the primary form of trauma to look for after a motorcycle accident. Even if you feel fine at the scene, it’s still a good idea to get checked out by a medical professional. If you’ve been in an accident, even if you were given a clean bill of health initially, here are a few signs that indicate things are not okay.
Signs of a Concussion or Other Head Injury
Here are four warning signs that you may have suffered a greater injury than you thought:
- Nausea and vomiting – Granted, anxiety related to an accident can cause this condition as well, but you should see a doctor to rule out internal bleeding.
- Sudden exhaustion – If you are struggling to stay awake immediately following an accident, that’s a bad sign. The adrenaline from the traumatic experience should have you wide awake.
- Problems with speech – If you are suddenly experiencing difficulty coming up with the right word or people say your sentences sound like nonsense, it could be a sign of a traumatic brain injury. Concussions often cause problems with speech or language.
- Concentration issues – If you are suddenly having trouble concentrating after the accident or you find yourself just wandering aimlessly, this could indicate head trauma.
Seeking Due Compensation After a Head Injury
Be sure to contact us at the Petrov Law Firm if you have been in a motorcycle accident in southern California. You can reach our experienced personal injury attorneys by calling 619-344-0360. We can help you receive the compensation you deserve after a head injury.Read More
Motorcycle accidents are on the rise, making motorcycle safety more important than ever. As a new motorcyclist, you should be aware of some essential life-saving tips. For seasoned drivers, it is always a good idea to be reminded of some precautions to take to stay safe on the road with other vehicles and drivers.
As a motorcyclist, you do not have the protection of a metal frame and automatic airbags around you. Therefore, safety on the road begins with you:
-Invest in your livelihood by taking a qualified motorcycle training course. Safety experts will provide you with hands-on instruction to help you avoid accidents.
-Wear protective equipment when riding. Helmets save lives so be sure to pick one that provides optimum protection. Motorcycle riding clothes are specially designed to help break your tumbles and bumps and act as a tough outer layer. Having brightly colored pieces also does not hurt. This gets others to notice you on the road as a good number of accidents occur due to drivers not seeing or noticing the motorcyclist. Being properly equipped to ride can be the difference between life and death.
On the road, there are many objects, both moving and static, that can inflict severe harm on you should you collide with them:
-Assume you are invisible. The unfortunate reality is that most vehicle drivers do not always pay attention or notice motorcyclists sharing the road with them. Use defensive driving techniques and keep a safe distance away from drivers who seem distracted (whether it be with other passengers, on the phone, or listening to loud music).
-Avoid driving in others’ blind spots.
-At a red traffic light or stop sign, pull to one side of the lane to avoid being accidentally rear-ended by the unaware motorist coming from behind.
-Proceed through intersections with caution and if possible, ride alongside a large vehicle for cover.
-Always have an escape route to either side should other drivers behave unpredictably.
There are many ways to stay safe on the road as a motorcyclist. Of course, mastering safe driving techniques comes with experience. Your life is more valuable than your bike so if you come across a situation where your bike can act as a buffer and you can safely get away on foot, do so without hesitation.
If you or a loved one has been involved in a motorcycle accident, contact a personal injury lawyer and receive advice on how to proceed. Motorcyclists tend to sustain severe injuries when they get into an accident so it is important to seek legal counsel to ensure all dimensions of the case are addressed and taken care of.Read More
One of the best conveniences of life in the states is being able to live close to your work, granted you have to work every day. Living close means you don’t have to deal with a long commute that is almost always flooded with traffic in both directions. If this is the case, you have likely considered downsizing your personal automobile to a handy and earth friendly bicycle.
The many advantages of biking to work far outweigh the obvious risks associated with this physical activity. The most minimal advantages include saving on fuel, car maintenance, and health care costs. The more lasting and significant rewards comes in the form of improved physical and mental health that result from daily exercise.
Before investing fully in this economical and beneficial routine, you should also consider the basic risks associate with biking to work and how you can protect yourself in case of accidents on the road. The biggest risk for a bicyclist on the roadways is collision with a moving vehicle. Needless to say, the resulting injuries can be debilitating or even terminal.
Fortunately, you can reduce the risk of getting involved in such an accident by practicing defensive bicycling. Map out the shortest, most convenient route and one that will avoid sharing lanes with other vehicles. Once on the road, be aware of all traffic and don’t assume drivers can see you or will yield to you. It is safest to bike defensively, obey traffic signals, and say in protected zones such as bike lanes.
The most immediate and reliable form of protection you can get for yourself is personal protective equipment such as a trusty helmet, appropriate biking clothing, and a well-maintained bicycle with the necessary reflective and lighting materials.
Lastly, if you do find yourself in an accident with another vehicle, treat it as you would if you were in your personal car: obtain the driver’s insurance and contact information; make note or take pictures of damages to yourself, your bicycle, and their vehicle; call for emergency services should you require it and make a police report for proper documentation. If you have been hurt, you are still eligible to file for personal injury claims from the other party. Know you can protect yourself beyond the physical equipment necessary for biking to work.Read More