Informational Resources Category Archives

Car Insurance Life Hacks for Californians

December 3, 2018 | by Moseley Collins

California says you must carry auto insurance before putting your car on the road. It is a legal requirement of all California drivers. Besides fulfilling the legal requirement to drive, auto insurance policies also protect the car and driver from a variety of threats and risk. Even if it wasn’t required by law, auto insurance is a good idea in California. The hard part is figuring out which policy is right for you and exactly much coverage you need in your particular situation. To make it just a little harder, factor in the ever-rising cost of insurance premiums in the state. It is natural instinct for most people to simply seek out the cheapest policy they can find and legally get away with but that is a recipe for disaster. To get the most out of your policy, since you have to have it anyway, you must search for the policy with the most coverage for the lowest price. Simple as it is, there are a few tried and true auto insurance life hacks that will have your hair whipping in the California breeze with a lot more money in your pocket.

Go Big or Go Home

In the world of auto insurance, it is usually best to opt in for the bigger deductible. The most obvious reason to do this is it lowers your premiums considerably. The down side is you pay more if something does happen to your car. However, having a lower premium equals quite a bit of savings in the long run. It is important to remember to keep enough cash aside to meet the deductible at any moment. You never know when a piano will fall out of a top floor window and smash your car to smithereens.

Wreck a Rental Car in California? Here is What You Need to Know.

December 1, 2018 | by Moseley Collins

Drivers rent cars for all sorts of reasons. Sometimes your personal vehicle is broken down, or perhaps you’re a tourist and need a car for sightseeing once you deboard the plane. Maybe you want to be incognito or just want to drive something new. Whatever the reason, you are bound to have some questions about how to proceed if you should experience an accident while driving a rental car in the sunshine state. Below you will find all the information to ensure everyone is safe, your claims are filed correctly and maybe even get some help from your credit card company.

First Things First -Scene of the Accident

911- If anyone is hurt, it is important to call 911 for rescuers immediately. If there are no injuries, you’ll need a police officer to come and make a report. Regardless of who is at fault, authorities and medical rescue should be called immediately after the accident. Even if no other car is involved in the accident, or someone hit your rental car when it was parked and took off, you will still need a police report to show the insurance company and the folks at the rental car office.

The Biggest Class Action Verdicts in History

November 9, 2018 | by Moseley Collins

Myriad class action suits course through the court systems every day at both the state and federal levels. Many of which wait for years and never reach the vital stage of class court certification, the most decisive step toward obtaining a settlement. The famous class action employee discrimination suit against Walmart by female employees went on for 11 years and was finally defeated by the supreme court in 2011. Many class action lawsuits reach settlements with payout amounts spanning a wide spectrum. Some payouts reach into the billions.

1998 Tobacco Master $206 Billion

This suit was brought by 46 different states attorneys as a consolidation of cases so it is not technically a class action. It was brought on behalf of states against several tobacco manufacturers. It merits inclusion for the similarities to a class action lawsuit and the sheer size it encompasses. Brown & Williamson, Lorillard, Phillip Morris, and RJ Reynolds settled with the attorney generals for expenditures by the states for the treatment of illnesses caused by smoking in the various state funded medical programs. Doing so kept them from getting sued privately by individuals. The $206 billion is set to be paid to the states over a span of 30 years.

Medical Malpractice Debate Opens with Proposed House Bill

June 22, 2017 | by Moseley Collins

Both sides of the medical malpractice tort reform debate are out in full-force lobbying Congress concerning a House GOP bill which aims to cap pain, suffering and all non-economic damages in a medical malpractice suit. The bill also lays out more limitations in malpractice suits involving care provided or funded by the federal branch of government.

Rep. Steve King, R-Iowa authored the bill called The Protecting Access Care Act of 2017. It creates a three-year statute of limitations after the damage is done, or one-year after the injured party discovers the damage, whichever occurs first. While it limits non-economic damages to $250,000, it does not preempt caps established by states. There are also limitations on plaintiff attorney contingency fees and other provisions.

House Speaker Paul Ryan and Minority Leader Nancy Pelosi received word from over 80 advocacy groups against the bill referred to H.R.1215, stating it removes the rights of patients who are injured in malpractice cases, elder abuse cases, prescription of dangerous drug negligence, and defective medical devices. They further claim that even if only applied to medical care facilities and staff, studies show its provisions would cause more injury and death due to the wide loosening of care. The letter written by the advocacy groups cited a 2003 Consumer Watchdog study that disputes the idea that California’s malpractice cap is the primary reason behind the premiums for doctors being lowered. They go on to write that trial lawyers lobby for the bill in order to raise their fees.

California Legislators Vote in Gas Tax Hike

March 5, 2017 | by Moseley Collins

California roads are a mess. Traffic is ridiculous and the roads themselves are in disrepair. One reason for this is because there hasn’t been a gas tax increase in 23 years. That has changed as of now, however. After a week of brutal deliberation among conflicting interests, a plan to increase vehicle fees and gas taxes by $5.2 billion per year was approved by Legislature. The gains are to be used to repair the deteriorating bridges, roads, streets and highways of California.

The bill barely made it through the Senate on the 27-11 vote it ended with. It had 54 Assembly votes. Those are the absolute lowest numbers a bill can have in both houses and still pass. The deliberations lasted way off into the night with the Democrats of the Assembly three votes short of the two-thirds they needed at the onset. In the end, Assemblyman Rudy Salas (D-Bakersfield) was the only Assembly Democrat not to back the bill. Gov. Jerry Brown was a huge proponent of the bill saying it was necessary after not having such a tax or expense in 23 years and the logjam of over $130 million in replacement and repair projects needed throughout all of California.

Those touting the bill explained it would not just fix and maintain the roads. Many claim it will also boost the economy and make the roads safer and traffic better. The overwhelming majority state the roads are just too bad and have become a danger to the public in most places around the state. Legislative leaders had set a deadline on themselves to begin action on the bill by Thursday which is just before the spring recess.

Personal Injury Lawyer Fraud

July 27, 2015 | by Moseley Collins

When clients come to a personal injury lawyer, they expect to be treated fairly and trust in their attorney to handle the case with care and dignity. For most people, it’s usually safe to assume that when someone tells you that he or she is an attorney, you can trust them. That, however, is exactly what led to trouble in California.

accident-lawyer-in-sacramento Oliver Ortega, a Guatemalan immigrant, learned this lesson the hard way five years ago. Ortega sought out a personal injury lawyer to aid him in his legal battle with a former employer who he was planning to sue for a wage claim. That’s when Ortega met Jesus Lozano, and his troubles really began.

On the surface, Lozano seemed to be a qualified, respected personal injury attorney. On his business card, he stated that he offered a wide range of different legal services. According to Ortega, Lozano had two complete sets of the California Penal Code on his bookshelves. So to get his case stated, Ortega paid Lozano $400 and was promised that he would begin working.

Statute of Limitations on Auto Accidents in California

July 6, 2015 | by Moseley Collins

When you’re in an auto accident, you might feel as if you’re being pulled in so many different directions. You’re worried about your own injuries and how they will affect your personal life and your ability to hold down a job. You might also be worried about any loved ones of yours who were also injured in the accident. Finally, your car has probably taken some serious damage, and it might be awhile before you have the money to either fix it or get a new one.

sacramento auto accident attorney What you do need to be keenly aware of, out of all these issues, is the matter of statutes of limitations. After you’re in your accident, you have a set amount of time during which you need to get your claim filed. These limitations can change how you and your insurance claims are handled. If you file a claim past the deadline, you will not be able to file a case or a claim with your insurance.

If you have a personal injury claim resulting from an accident, then you have two years to file a lawsuit with regards to auto insurance. If you have property damage to your vehicle or personal property, then you have three years for which to file a lawsuit.

The Benefit of Uninsured Motorist Coverage

May 16, 2015 | by Moseley Collins

Personal injury lawsuits can really do a number on your finances. When you are hit by another driver, usually you will rely on their insurance to pay for the damages to your car as well as any medical fees. If the driver is uninsured, you will probably go after the driver with a personal injury lawsuit, but no matter what, it will cost you plenty of time and energy.

Some states are better than others when it comes to personal injury and safety. WalletHub.com rated all 50 states plus the District of Columbia in order from the riskiest states that will hit your wallet the hardest (#1) to the most lenient states that may save you money but not protection (#51). To judge the level of safety, the site looked at the level of auto insurance required for drivers.

Auto accidents are one of the leading causes for many personal injury lawsuits, and not all states require drivers to have enough insurance to cover damages. That means if another car in the state with the least strict laws hits you, there’s a good chance you will end up paying for your own damages, unless you chose to go after that driver in a personal injury lawsuit.

The Real Deal on California Insurance Adjusters

May 14, 2015 | by Moseley Collins

Insurance adjusters in California are merely employees of an insurance company. They are charged with the task of examining insurance claims for payment. They are considered the frontline in the war against the never-ending onslaught of accident claims. It is their job to pay out as little as acceptable. Many are capable, trustworthy citizens but there are some who will go the extra mile to save the company some money, even if it means bilking you out of your reasonable claim for reimbursement.

The most startling fact about insurance adjusters, the fact people must be continually reminded of, is their job is not to make it possible for accident victims to recoup their damages but to keep that from happening whenever possible. They are paid and often given bonuses to save the company from paying as many claims as possible. They meticulously search for any chance to deny each claim that crosses their desk. The reason this fact is so hard to remember is because they are so good at distracting victims from it. They strive to appear kind, caring, well-meaning and concerned for the victim. This is a falsehood.

Tools of the Trade

What Should I do if A Police Officer Hits Me in Sacramento?

May 7, 2015 | by Moseley Collins

Everyone has accidents. Even police and firefighters. Lawsuits against police and firefighters are governed by different laws than civilian lawsuits. A person who has been in an accident with a government vehicle may be entitled to file a lawsuit but it will proceed slightly differently than a private lawsuit. These types of lawsuits must be approached with extreme caution to avoid violating any of the specific regulations pertaining to these cases.

These cases can be tricky because the laws and responsibilities that apply to negligent civilian parties do not pertain to government entities or employees. While the law provides us with the California Code of Civil Procedure, Section 335, which summaries the rules for filing a personal injury lawsuit, it does not fully cover the proper procedure for lawsuits against public entities.

In Sacramento, Statutes of limitation, restrictions, immunities and requirements for claim presentation allow government entities to be exempt from civilian lawsuits in most cases. The Tort Claims Act, or California Government Code Section 810 explains most of these restrictions. In order to file a lawsuit you must determine if the case is covered under the government immunity.