For more information about car accidents, please visit our website at http://mrscvlaw.com or http://sfvalleylaw.com or contact us at (661) 362-0805 or (818) 700-8422.

Under California law, you are allowed to have your vehicle repaired by the body shop of your choice, even if the party who is paying for those repairs is an insurance company (your own or the insurance company representing the other party).  That being said, insurance companies try to persuade the party in need of repairs (the injured party) to use a “preferred body shop” who has been pre-approved by the insurance company.  Why?

The simple answer:  the body shop listed on the insurance company’s list of pre-approved venders will give a lower estimate for the property damage.

Consider this real-life scenario:  a recent client of ours was involved in a car accident.  Allstate represents the other driver (who was at fault for the accident).  Infiniti is our client’s insurance company.

Our client took his car for an estimate to Centre Pointe Collision (a body shop in Valencia) before Allstate and Infiniti got involved.  The repairs were estimated at $2,644.

Once Allstate got involved, the adjuster asked that our client take the same vehicle back to Centre Pointe Collision for a second estimate.  When the second estimate was performed at Centre Pointe Collision, an appraiser from Allstate was present and the estimate was done on behalf of Allstate.  The repairs were estimated at $1,953.  Yes – the estimates were downgraded about $700 by the same repair shop.

Our client then took his vehicle to a body shop preferred by Infiniti.  The repairs, performed with help from an Infiniti appraiser, were estimated at $1,854.

Why is this important?  Insurance companies use any and all excuses to attack an injured party’s claim.  One of the main excuses used is the amount of property damage to the injured party’s vehicle.  So, the lower the property damage, the more they will use that as an excuse to attack the injured party’s claim.

Solution:  Always get multiple estimates.  One of those estimates should be from a body shop that is not on the preferred list, and one of those estimates should be done without an appraiser (from the insurance company) involved.

This tip has been brought to you by The Mason Law Firm.  Accidents are sometimes inevitable.  When they happen, we are there for you.  If you have been injured in an accident, a slip and fall or have been bitten by a dog and wish to speak with an attorney, please contact Mason Rashtian at (661) 362-0805 or (818) 700-8422, or email us at mason@mrscvlaw.com for a free case evaluation.

We have offices in Santa Clarita, Sherman Oaks and Pasadena.  The Mason Law Firm is managed by, Mason Rashtian, an experienced attorney who has been litigating cases since 1997 and is “AV” Rated with Martindale-Hubble, which is the highest possible rating an attorney can achieve in both legal ability and legal standard.  There is never a fee unless there is recovery in the case.

When should you start preparing for an accident?  Simple answer – when you purchase your automobile insurance policy.  All too often I hear the phrase “I have full coverage” from victims of car accidents, and once I tell them that there is no such thing as “full coverage”, I see a look of confusion on their faces.

That is correct – there is no such thing as “full coverage” when it comes to an auto policy.  So, why is the phrase used?  What people generally believe to be “full coverage” simply means the insurance policy contains the required liability coverage, comprehensive and collision coverage- nothing more.

Is there more under an insurance policy that is important?  Yes.  Imagine the following scenario, which is very common – you purchase liability, comprehensive and collision coverage for your brand new car which you are financing.  Three months later, you are struck in an intersection when an uninsured motorist runs a red light and slams into you.

Property Damage

Your car sustains major damage and is towed to a repair shop, where it is stored until a property evaluator hired by your auto insurance company goes to the shop and deems that the car is totaled.  In the meantime, you have incurred towing and storage charges.   Does the auto insurance policy you purchased pay for these costs?  No.  So, who is responsible for those charges?  You.

Why?  Because the policy you purchased (which you believed to be “full coverage”) would not include coverage for rental and storage fees.

What if the amount you receive (as property damage) from the insurance company is not enough to pay off what is owed to the finance company?  For example, you receive $22,500 for your car, but you owe $25,000 to the financing company – who is responsible for the difference?  You.

Why?  Because the policy you purchased would not include Gap Insurance.  Click here for more information on Gap Insurance.

Personal Injuries and Medical Treatment

In the accident, you are also injured and taken to the Emergency Room by ambulance.  Thereafter, you need treatment for your injuries and you have no health insurance.  So, who would be responsible for paying your medical bills and treatment (ambulance, emergency room, etc.)?  You.

Why?  Because the auto insurance policy you purchased does not include Medpay or Uninsured Motorist coverage.

Click here for more information on Medpay.

Click here for more information on Uninsured Motorist Coverage.

Remember that the driver of the other vehicle has no insurance.  You can always go after him/her legally, but chances are that if this person did not care enough or have the money to pay for car insurance, then you won’t be able to get anything out of him/her.

So, how do you protect yourself when purchasing car insurance

1.    Never buy insurance online.  Always speak with a reputable agent and ask your agent what the policy covers.  (Footnote:  Do not purchase insurance from Mercury Insurance.  If you get into an accident, they will fight to reimburse you on your medical bills and are notorious for undermining the rights of their own insureds.  In fact, Mercury Insurance has been fined millions of dollars, by the Insurance Commissioner, for unlawful business practices involving their own insureds.)

2.    Ask that your policy covers rental and towing charges.

3.    Ask your agent about Medical Payment coverage on your auto policy, generally referred to as “Medpay” or “PIP”.  With this coverage, you can use your auto policy (up to the policy limit for Medpay) to pay for your and your passengers’ reasonable medical expenses, including ambulance, the Emergency Room, and chiropractic treatments.

4.    Ask your agent about uninsured/underinsured coverage.  With this coverage, you are covered for medical bills and potentially pain and suffering if the other driver has no insurance or has an insufficient amount of insurance.

5.    Ask your agent about gap coverage.  With this coverage, if you finance your automobile and the pay out value is less than what you owe on the car, then your policy will pay for the difference, i.e. bridge the gap.

So, protect yourself in a car accident from the beginning by purchasing proper coverage from a reputable insurance agent (and not from Mercury Insurance).

Accidents are sometimes inevitable.  When they happen, we help you get through it.  If you have been injured in an accident, a slip and fall or have been bitten by a dog and wish to speak with an attorney, please contact Mason Rashtian at (661) 362-0805 or (818) 700-8422, or email us at mason@mrscvlaw.com for a free case evaluation.

We have offices in Santa Clarita, Sherman Oaks and Pasadena.  Mason Rashtian is an experienced attorney who has been litigating cases since 1997 and is “AV” Rated with Martindale-Hubble, which is the highest possible rating an attorney can achieve in both legal ability and legal standard.  There is never a fee unless there is recovery in the case.

For more information, please visit our website at

http://mrscvlaw.com

http://scvinjuryline.com

http://sfvalleylaw.com

We recently handled a car accident case where our client was driving a Chevrolet Dually.  A dually is generally referred to a vehicle or a pickup truck with two sets of rear wheels on one axle, i.e. it has six (6) wheels.

In the accident, our client suffered a broken wrist which resulted in surgery.  Unfortunately, the other driver only carried a minimum policy with $15,000 in coverage, which was not enough to cover our client’s medical bills and pain and suffering.  Hence, we had to submit an underinsured claim to our client’s automobile policy.  This is where we ran into a problem.

Our client’s auto policy with Mercury Insurance included a provision that defined Automobiles as “any self-propelled motor vehicle, with neither more than nor less than four wheels …”  Because our client was driving a dually (which has 6 wheels), Mercury denied coverage on the policy and our client cannot seek recovery under his uninsured/underinsured motorist coverage.

So, if you are going to drive a dually, even if for one day, first check with your insurance agent to determine if you are covered under the policy.  Keep in mind that this is NOT limited to uninsured/underinsured motorist claims – if you get into an accident with a dually and it is your fault, your insurance policy may NOT cover you.

This tip is brought to you by The Mason Law Firm.  Accidents are sometimes inevitable.  When they happen, we help you get through it.  For more information, please visit our website at

http://mrscvlaw.com

http://scvinjuryline.com

http://sfvalleylaw.com