Swanson O’Dell

From The blog

What Is Comparative Negligence?

California is what is called a pure comparative negligence state. What this means is that in every accident, the jury will be asked to determine what percentage of fault to assign to each driver. This can range for 100% and 0% in cases of clear liability, to a true 50-50 split if the jury believes each party was equally at fault. While the rules for different kinds of damages are complicated,...

What Should I Look For On My Insurance Coverage To Make Sure My Family Is Protected?

When examining a potential insurance policy, you need to check on several things: Overall coverage, both for property damage and for medical. Gap coverage if your vehicle is financed. Uninsured/underinsured coverage. Deductibles on various events. Whether there is any umbrella coverage. One thing to ask your agent is what your rate would be if you increased your coverage amounts. The most...

I Got Hit By A Hit And Run Driver: What Now?

There are two things to do after a hit and run. First, you need to make a police report. Give the investigator any information you have about the accident, including the name and number of anyone who saw anything that might be useful. There are some bad consequences if the driver cannot be found. Law enforcement’s investigation can be cursory, short, and simply a shrugging of the shoulders if...

How Can An Attorney Help With My Medical Care After An Accident?

Sometimes it can be difficult to get the medical care you need after an accident, and the out-of-pocket expenses can add up fast. If you are not at fault in the accident, an attorney can help you find a doctor that will treat on a lien. What this means is that you agree to pay the medical bill out of the settlement money you will receive in your lawsuit. This can be particularly useful when you...

What Is Accident Reconstruction?

Accident reconstruction is a process where experts determine the cause of an accident, assign fault, and also calculate force and direction of impact, which can be important for determining what injuries could be caused by the accident. The experts used for this are first, the accident reconstructionist. This is usually a mechanical engineer who is trained in using the physical evidence, such as...

What Documents Should I Get For My Attorney From My Accident?

There are several documents that are vital for you to bring to a meeting with an attorney about an accident case. First, you should bring your insurance policy---not just the insurance card, but the full policy if you have it. Second, you should bring the name and contact information for any insurance adjustors involved, either from your insurance or the other party’s insurance, including any...

What Is The Legal Minimum of Car Insurance In California?

California has quite low minimum automobile insurance coverage requirements: Bodily Injury Liability Coverage: $15,000 per person / $30,000 per accident minimum Property Damage Liability Coverage: $5,000 minimum As you can see at a glance, an accident of any severity can easily go over these limits. If this is your coverage (and it might be, if you bought the cheapest insurance) then you do not...

What Is Gap Coverage?

Gap insurance is insurance that covers the difference between the value of your car and the total amount owed on your loan. This is important coverage if your vehicle is not worth as much as the loan, or is close in value. It comes into play when you have an accident and your car is not repairable (known as being “totaled”), and the insurance company pays you the value of your car. If, for...

How Does An Insurance Company Determine Who Is At Fault?

Insurance companies generally determine fault by a combination of methods. First, and most importantly, they review the police report of the accident, if there is one. There is nearly always a determination of fault by the investigating officer, as well as narrative description of the accident and the physical evidence, often including pictures. If there are third party witnesses to the...

How Long Does It Take For Insurance To Pay For My Damages?

Insurance companies pay out two different kinds of damages, and they are paid at different times, in general. Property damages is the first category. This involves usual vehicles which either need to be repaired or have been totaled. This can take a couple of weeks, but generally happens pretty early in your case. Basically, as soon as the insurance company knows what the damage is and has an...