|
Auto Accident and other Motor Vehicle Cases |
Call our Car Accident Hotline 7
days per week, 24 hours per day,
Toll Free at (800) 816-1529
Car, Auto and other Motor Vehicle Accidents
General Information
TIME LIMIT TO FILE A LAWSUIT IN YOUR AUTO OR MOTOR VEHICLE
ACCIDENT ( California STATUTE OF LIMITATIONS)
Click here for general insurance
information
What do you do if you are in an Auto or other Motor Vehicle
Accident?
NEVER LEAVE THE SCENE OF ACCIDENT, THE REQUIREMENT OF THE
EXCHANGE INFORMATION
What do you do with your car or motor vehicle?
the necessity of
retaining an attorney as soon as possible
General Information
Top
The
below information relating to auto and other motor vehicle
accidents is hereby provided being by The Law Offices of Norman
Gregory Fernandez & Associates as a courtesy to visitors
of our webpage. The herein information is provided as
educational material only, and is not meant as legal advice. If
you desire legal advice on your legal matter, you may call us
for free legal consultation.
If you
have already been in an auto or other type of motor vehicle
accident in the State of California, we highly recommend that
you stop reading right now, and call our law firm for a free
telephone consultation at (800) 816-1529, Ext. 1. We will tell
you over the telephone if we think that you have a case and
whether we can help you.
If we
believe we can help you, and you decide to retain us, we can
then send our investigator to you with all of the legal forms
necessary for you to retain our law firm.
If you
do not have medical insurance or a medical provider, we can
immediately refer you to an appropriate doctor near you for
medical treatment. (Yes, even if you do not have medical
insurance)
Yes,
this can all be accomplished with one phone call to our law
firm. We try to make the process as simple as possible for you.
For
more information on how we handle your case, go to our
INSTRUCTIONS TO CLIENTS
SECTION BY CLICKING HERE NOW.
TIME LIMIT TO FILE A LAWSUIT IN YOUR AUTO OR MOTOR VEHICLE
ACCIDENT (California STATUTE OF LIMITATIONS)
Top
The
present Statute of Limitations for filing a lawsuit for personal
injuries related to an automobile or vehicle accident in the
State of California is two (2) years from the date of the
accident. If you do not file a lawsuit within two (2) years, you
lose your right to sue!
If any
of the parties to an accident is a governmental entity such as
county vans and vehicles, a claim must be filed with that
governmental entity
within 6 months from the date of the accident. If the entity
rejects the claim, you must then file a lawsuit within 6 months
from the date of the rejection.
The
only time that you should ever wait two years to file a lawsuit
in an auto or motor vehicle accident, is if you are presently
treating with a medical provider for injuries sustained in the
accident. In such cases your damages are not fully known (ripe).
What do you do if you are in an Auto or other Motor Vehicle
Accident?
Top
Being in an auto
accident or other type of motor vehicle accident can be one of
the most traumatic experiences of your life, especially if you
are seriously injured. Tens of thousands of people die each year
in motor vehicle accidents in the United States.
If you are in any
type of auto or motor vehicle
accident, make sure you get a police report, especially if you
are injured.
Many police agencies
in California will not respond to what they consider to be minor
motor vehicle accidents. If you are in an accident and you are
injured, make sure you inform the police of this fact, and
insist that someone come out to investigate the accident and
take a police report. This is very
important for your case.
If you are able,
try to get the names and addresses of
any and all witnesses.
Do not make any statements at the scene
of the accident to anybody but the police.
If you are truly
injured, call the paramedics or request that someone else call
the paramedics for you. It's better to error on the side of caution, than to
find out later that you are seriously injured.
If the paramedics
give you the option of not being transported to a hospital, tell
them that you want to be transported to a hospital. By law the
paramedics must transport injured persons to a hospital upon
request. Again, it is better to error on the side of caution. We
have seen all types of accident victims, and many types of auto
or motor vehicle types of injuries could result in internal
bleeding or hidden damage that you might be aware of at the time
of the accident. After an accident, the chemical adrenaline is
produced by the body which increases your heart rate. During
this process the pain you are experiencing might not seem to
severe.
We cannot tell you
how many of our client's have been involved in accidents and
went home thinking that the pain they were feeling would go
away, only to end up not being able to move a few hours later.
GO TO THE EMERGENCY ROOM TO GET CHECKED OUT!
NEVER LEAVE THE SCENE OF ACCIDENT, THE REQUIREMENT OF THE
EXCHANGE INFORMATION
Top
California Law
requires that all persons involved in a motor vehicle accident
to exchange drivers license, Vehicle Registration, and insurance
information with each other at the scene of an accident.
If you are
physically able, you must also provide your drivers license,
vehicle registration, and insurance information to any other
persons involved in the accident.
Never leave the
scene of an accident without exchanging information. You could
be charged with hit and run which is a felony and a crime in the
State of California.
Do not drive down
the street and then stop. We highly recommend that you leave
your car where it is until the police arrive so that they can
observe the position of the car or vehicle and do their report.
Only if you have too, do we recommend moving your car out of
traffic to the side of the road or medium of a freeway. ONLY
MOVE YOUR CAR IF YOU HAVE TOO FOR SAFETY REASONS! In any case,
never move your vehicle to a location where it can be construed
by someone that you fled from the scene of an accident!
Unfortunately many
persons in the State of California drive illegally without
automobile or motor vehicle insurance. It is for this reason
that we always tell our clients to carry uninsured motorist
bodily injury, and uninsured motorist property damage insurance
coverage.
You may find out
while exchanging information with the other motorist you had an
accident with that they have some sort of excuse for not having
a current proof of insurance card, or they may not even have a
drivers license. If this is the case, it is more likely than not
that the other driver does not have insurance or a drivers
license. We do not recommend arguing with the other driver.
Arguing can lead to physical violence. It's bad enough that you
just had an accident, the last thing you need is to go to jail
for fighting with the other driver, or being physically
assaulted. Use your brain! Get whatever information you can from
the person even if they provide proper documentation.
When provided with
the things mentioned above, write everything down in detail,
i.e., Full Name, Address, Drivers License Number, Date of
Expiration, Date of Birth, Hair Color, Height, Weight,
Restrictions, Insurance Company name, address, and telephone
number, Insurance policy number, date of expiration of
insurance, Year, Make, Model, License Plate, Vehicle
Identification Number, and Color of all vehicles involved in the
accident, Registered owner of vehicle, address, etc.
In other words,
write down every piece of information from each of the items
given to you by the other driver. It will only help us to
prosecute your case!
Here are some things
that you might try to write down aside from the required
information mentioned above:
-
Were any of the
parties involved in the accident driving a commercial
vehicle, truck, van, and/or working at the time of the
accident?
-
Any statements
made by any of the persons involved in the accident.
-
A full
description (race, height, age, weight, hair color and
style, clothes, etc.) of each driver involved in the
accident.
-
Whether any
persons in the accident were wearing eye glasses or sun
glasses.
-
Whether any
persons involved in the accident appeared to be intoxicated.
-
Passenger
information for all vehicles.
-
Whether the
windows of any of the vehicles tinted.
-
Whether any
persons involved in the accident talking on the cell phone
at the time of the accident. (their cell phone records can
be obtained by us through subpoena if we are forced to
litigate)
-
The facts of the
accident as you understand them.
-
All witness
names, addresses, telephone numbers, vehicle types, license
plate numbers, etc. (sometimes witnesses will offer to help
at the scene of the accident, but then become unavailable or
refuse to return phone calls or mailings after the fact.
Getting detailed information from them including their
vehicle information may help us to locate them if necessary
or they become non-cooperative.)
If you are physically able, call
our office at (800) 816-1529,
Ext. 1, from the scene of the
accident, and we will try to immediately dispatch an
investigator to the accident scene, depending upon where you are
and the facts of the accident. If you cannot call us, try to
contact level headed relatives or friends to come to the scene
of the accident. They can not only help you to obtain
information, but they can also act as witnesses to statements
made by persons involved in the accident, property damage, and
your injuries. Witnesses are always a good thing, especially if
they are helpful to your case! They can also assist you in
removing belongings from your vehicle if necessary, and give you
a ride if you car needs to be towed.
Following our advice
will in the end help us to prosecute your case.
What do you do with your car or motor vehicle
After an Accident?
Top
You have been
involved in a car accident or other motor vehicle accident, what
do you do with your car?
Before discussing
this subject, we want to discuss the subject of "Road Side
Assistance Plans," such as AAA, On Star, and/or insurance
company provided plans.
We recommend that
you always have a Road Side Assistance plan because it will not
only help you out if your car breaks down, you lock you keys in
the car, or run out of gas, and can also save you lot's of grief
if you do have an auto accident.
There are two types
of accidents; (1) The type where your car is totaled and/or not
drivable; and the type of accident where you car is drivable.
There is also the situation where you may be too injured to make
any decisions about your car at the scene of an accident. We
will not discuss that scenario right now.
If you vehicle is
obviously totaled and/or not drivable, and you are able, we
first recommend if you are able too, that you call your
insurance company from the scene of the accident to report the
accident. Your insurance company should be able to give you a
list of approved auto body shops that you can have your car
towed too nearby, and you may find out that your insurance company will
cover the cost of the tow. Often times your insurance company my
arrange to have the car towed to the nearest approved auto body
shop. Using this process will also help speed up the process of
the insurance companies investigation, appraising the damage,
and either having the car repaired or totaling the car. However,
some insurance companies will not assign an adjuster to your
case for 24-48 hours. Either way, try your insurance company
first.
If the above is not
possible, and you are in a situation where you can call your
road side assistance company, call them, and inform them that
you have been in an accident and ask them to send a tow truck to
tow your car. With most road side assistance programs this
service if free. If you allow the police to have your car towed,
your car will usually be taken to a tow lot that will then
charge you for the tow and storage until your car is removed
from their lot. Although your insurance may pay for this, it
will be harder to get your personal belongings out of the car in
the short term.
If you car or
vehicle is SAFELY drivable, then immediately drive it home or to
your auto body shop to have get an estimate of the damage. It is
very important to get the estimate in writing.
The Necessity of
retaining counsel
Top
The above
information is just a small part what you need to know when
dealing with accidents.
As a firm that
handles personal injury cases, including all types of
automobile, motorcycle, truck, bus, and other motor vehicle
accidents, we must above all, highly recommend that you retain a
lawyer to represent you in your accident case. Preferably within
the first 24-48 hours of the time the accident occurred.
We have dealt with
many people who thought they could do it on their own without a
lawyer, who in the end either by their own words or conduct
unintentionally sabotaged their own case, or settled their case
for a small fraction of what their case was actually worth.
More then anything,
we dislike having to tell someone who attempted to handle this
complex area of the law on their own, that there is nothing we
can do for them because they already settled their case, or they
waited too long to file suit, etc.
Our purpose as a law
firm is to provide you with aggressive, competent legal
representation on your case. The word competency is not just
some marketing term. Competency means that you have the someone
has the expertise and knowledge to handle something.
The Law Offices of
Norman Gregory Fernandez has the level of competency necessary
to get you maximum results in your case.
We have what it
takes to prosecute your case. Don't be a fool, and try to
represent yourself. Lawyers are here for a reason; because we
know the system and how to navigate through it. We know what you
are entitled too and how to get it either through settlement or
litigation.
You may call us now
for a free consultation on your case at (800) 816-1529,
Ext. 1, or
you may submit your case through our
online legal form for evaluation by clicking here now. You
have nothing to lose except the money you may be entitled to in
your case!
If you want to find
out more about how we handle cases and the process check out the
below links.
Click Here to find out more about
medical treatment.
Loss of Wages or Income.
Click Here to find out how we
process your claim.
Click Here to find out how you can
help us get maximum results for you in your case.
Click Here to Learn about the
Compensation you are entitled to for your losses.
For a free telephone
consultation call us now at (800) 816-1529, Ext. 1.
The Law Offices of
Norman Gregory Fernandez
&
Associates 9909 Topanga Canyon Blvd. Suite 188 Chatsworth, California 91311
Toll Free (800) 816-1 Law
(800) 816-1529
(818) 584-8831
Email:
law@norman-law.com
Submit Your Case Online for a
Free Evaluation
Offices in Norwalk, Chatsworth, San Francisco, and Van Nuys, California
We will come to you if you cannot come to us on
certain cases!
We Handle Personal Injury Cases throughout
California
[Home] [Auto Accidents] [Motorcycle Accidents] [Premises Liability] [Other Personal Injury Cases] [Insurance Information] [Other Practice Areas] [Articles]
**The information provided on this page is for
educational purposes only and is not intended, nor should it be
construed by you as legal advice. If your injury occurred in the
State of California, you may call us for a free consultation on
your case. No Attorney/Client relationship is meant to be created by the
published educational information on this website, nor shall it be created
by the educational information on this site, unless you retain
us as your Attorney. None of the information on this or any page
on our website is intended, nor should it be construed by you as
a guarantee as to the outcome of your case.
**Please Note that none of the information on this website shall
constitute a guarantee or warranty as to the outcome of your
legal matter.
|