Posts Tagged ‘ Car Insurance’

Information About Recent Bad Faith Insurance Cases in California

Monday, June 21st, 2010

When we purchase insurance polices, we are buying faith in the company that wrote and issued the policy. Even though the chances of needing this insurance to pay a claim are remote, we send them money anyway so that we are somewhat protected if something should happen to our car, our house, our health or another important facet of our lives. However, when insurance companies fail to honor the contracts they write, California policyholders have no recourse but to contact an experienced California insurance bad faith lawyer to remind the companies of their contractual obligations. If you believe that your insurance company is acting in bad faith, here are some California court decisions that your Southern California insurance bad faith attorney can explain in greater detail:

  • Glenfed Development Corp. v. Superior Court, 53 Cal. App. 4th 1113 (1997) This decision requires insurance companies to provide copies of their claims manuals in the course of pre-trial discovery.
  • Pfizer, Inc. v. Superior Court of Orange County, 59 Cal. App. 4th 480 (1997) This decision created a precedent that insurance companies can be compelled to disclose how they treated other policyholders with similar claims.
  • Lipton v. Superior Court, 48 Cal. App. 4th 1599 (1996) In this case, the court ruled that reserves and reinsurance are subject to discovery in a trial.
  • Crime/Fraud Exception to Attorney-Client Privilege — State Farm Fire & Casualty Co. v. Superior Court (Taylor), 54 Cal. App. 4th 625 (1997) (order published 12/1/97) In this case, State Farm intentionally spoiled evidence that would have supported a customer’s bad faith insurance claim. State Farm also engaged in other fraudulent practices including forgery to avoid paying valid earthquake claims.

Long Beach insurance bad faith lawyer Samer Habbas would like to remind his readers that insurance companies are for-profit enterprises and paying claims erodes profits. Insurance companies are in the litigation business. It is an important component of their business model. Some will employ many different tactics to avoid paying a claim. If you feel that you have a valid claim and your insurance is acting in bad faith, contact California insurance bad faith attorney Samer Habbas today by calling 888.848.5084 to schedule a free consultation.

Resource link: California recent developments

California Proposition 213 Precludes Recovery for Uninsured Motorists

Thursday, March 4th, 2010

The effects of uninsured drivers on insurance rates for drivers obeying mandatory liability insurance laws and the consequences of uninsured drivers causing auto accidents motivated California voters to protect themselves in 1996. Responding to strong public opinion about the dangers and liabilities of uninsured drivers, California lawmakers passed Proposition 213, and it became effective January 1, 1997. This piece of legislation removes the rights of uninsured motorists to bring lawsuits for pain and suffering. The law states that when an auto accident occurs, an injured driver must be able to show that he or she had liability insurance at the time of the accident to collect “general damages” from the “at fault” driver.

The only exception to Proposition 213 is written into the law and states that if the driver or owner of an uninsured vehicle was in an auto accident, he or she can still collect general damages if the driver found to be “at fault” was operating his or her vehicle while under the influence of alcohol and/or drugs. However, under all other circumstances, if the driver of an uninsured vehicle is involved in a motor vehicle accident, whether he, she or another driver is found to be at fault for causing the accident, the driver of the uninsured vehicle may not file any kind of a claim for damages.

Essentially, this means that if a driver fails to obey California law and purchase mandatory liability insurance, that driver forfeits the opportunity to file for damages against another driver. If you or someone you care for sustained injury in an accident caused by an uninsured motorist, South Central Los Angeles auto accident attorney Samer Habbas may be able to help. Call his law offices today to schedule a free consultation about your case with this experienced Orange County injury lawyer.

The Hard Facts About Uninsured Drivers in California

Wednesday, February 17th, 2010

Despite the fact that mandatory liability insurance laws were passed many years ago and the penalties for not having insurance are steep and well publicized, there are still many drivers on California streets and highways who do not have insurance. This disregard for the law puts law-abiding drivers at risk and makes their liability insurance more expensive than it has to be. The hard facts about uninsured drivers in California may shock and upset the state’s drivers but the more we know about uninsured drivers, the more drivers and lawmakers can do about them.

There are approximately 22.4 million cars, motorcycles and light trucks registered in California. Of the amount of California drivers on the road at any time, one driver in four or 25 percent do not have mandatory liability insurance. That percentage rises sharply higher in the evening and early morning hours. In addition to the higher car insurance premiums that they must already pay, it has been estimated that uninsured motorists cost California drivers $1.4 billion every year in auto accidents. If the state finds that a vehicle is uninsured through their shared database with insurance companies, the owner has 30 days to buy insurance.

To put the scope of California’s uninsured drivers in perspective, the state sent out 1.8 million notices of registration suspension from September to December 2007. Of that number, state official say that 500,000 drivers showed up to provide proof of insurance purchase to reinstate their registration. An astonishing 72 percent of those who receive suspension notices did not respond to the California DMV.

If you have been involved in an accident caused by an uninsured driver, South Central Los Angeles auto accident lawyer Samer Habbas may be able to help you recover the damages for medical expenses and other accident-related costs to which you are entitled to under the law.

The Difference between an Uninsured and Underinsured Motorist Claims

Thursday, October 1st, 2009

Do you know the difference between uninsured and underinsured motorist insurance claims? If you’re like the average insured, you most likely don’t know the difference. The similarities between these two claims make it confusing to keep one from the other straight. Here are the basic differences between uninsured and underinsured car insurance claims:

  • In an uninsured motorist claim, the negligent party failed to observe the mandatory auto insurance laws, drove a vehicle without insurance and did not have any insurance coverage to compensate accident victims for the property damage and bodily injuries sustained as a result of their negligence. Many hit-and-run drivers flee the scene the accident scene because there will be civil and criminal penalties assessed against them.
  • In an underinsured motorist claim, the negligent party does have automobile insurance, but does not have enough coverage to compensate accident victims fully for the injuries or property damage they caused.

The majority of states require that drivers purchase auto insurance with a minimum amount of liability coverage. However, the minimum liability coverage is often insufficient to compensate accident victims for lost wages, property damage, medical and rehabilitative expenses and other accident-related costs. As a result, accident victims then must turn to their own insurance carrier for compensation if they have purchased uninsured and/or underinsured coverage.

If an uninsured or underinsured driver has injured you or someone you care for, it is advisable that you speak with a California personal injury attorney like Samer Habbas. He will be able to review your situation and explain your options for pursuing a remedy so that you can make an informed decision as to the appropriate course of action.

What is Comprehensive Auto Insurance?

Monday, August 17th, 2009

A recent car accident on the Los Angeles freeway that resulted in seven people being injured was described in this Silicon Valley Mercury news article. It illustrates the importance of having auto insurance. California law requires drivers to carry liability insurance. However, there are many different types of auto insurance available and one of the least understood is comprehensive auto insurance. Many people who visit California car accident lawyer Samer Habbas for a consultation have questions about insurance coverage. Here is a brief description of what comprehensive auto insurance is:

Bear in mind that the type of coverage provided by a comprehensive car insurance policy varies somewhat from one insurance company to another. It is also dependent upon the amount of money a driver spends on their individual policy. Generally speaking, comprehensive auto insurance covers:

  • Fire
  • Vandalism
  • Auto theft
  • Natural disasters
  • Accidents determined to be “Acts of God,” such as a tree falling on your car, etc.

What many drivers fail to realize is that comprehensive vehicle insurance does not cover damage caused in a car accident. That type of damage is covered by collision insurance. It is recommended that you carry both types of insurance. The amount of your out-of-pocket expense in a claim is dependent upon on the size of the deductible on the policy.

If you have been in a car accident and have questions about your insurance coverage that your insurance or claims agent did not answer satisfactorily, contact the auto accident attorneys at the Law Offices of Samer Habbas. Our professionals will review your insurance policy and explain your coverages, rights and responsibilities under the policy in a manner that is easy for you to understand.