The post Guide to Filing SR-1 Form with DMV Following Auto Accident appeared first on Impact Attorneys.
]]>What is the SR-1 Form?
The SR-1 form, officially called the “Report of Traffic Accident Occurring in California,” is required by the California Department of Motor Vehicles (DMV).[1] This form is used to report accidents where:
Something often overlooked by drivers and attorneys is California’s requirement to report car accidents to the DMV within 10-days of the accident by filing a Report of Traffic Accident (SR-1) form. Filing an SR-1 form with the DMV is almost always required after an auto accident. Whether you’re dealing with a fender bender or a more severe collision, knowing when and why to file this form can save you from costly penalties and ensure your rights are protected. Here’s what you need to know about filing an SR-1 form and why it’s so important for your legal and financial protection.
This form must be submitted to the DMV, even if a police report or insurance claim has already been filed. It’s important to note that the responsibility of filing the SR-1 generally falls on the driver involved in the accident.
When Should You File an SR-1 Form?
According to California law, you must file an SR-1 form within 10 days of the accident. Failing to do so can lead to serious consequences such as:
Why is Filing the SR-1 Important?
What to Do If You Forget to File the SR-1
If you’ve missed the 10-day window to file the SR-1, it’s important not to panic. We recommend that you do the following:
How to File the SR-1 Form
Filing the SR-1 is straightforward:
While the process is simple, it’s advisable to consult with an attorney if you have any doubts, particularly when serious injuries or significant property damage are involved.
Consequences of Not Filing the SR-1 Form
Neglecting to file the SR-1 form within the 10-day period can lead to severe consequences, such as:
Final Thoughts
Filing an SR-1 form is a critical step in ensuring your legal and financial protection following a car accident in California. While it may seem like just another administrative task, it plays a crucial role in maintaining your legal rights and protecting you from potential fines and penalties. To avoid complications, make sure you file the SR-1 promptly and accurately.
Need Help? At Impact Attorneys, we have extensive experience handling all aspects of car accident claims. If you or someone you know has been involved in an auto accident and needs assistance, contact us for expert legal guidance. We can help ensure that all necessary steps are taken to protect your rights and secure the compensation you deserve.
[1] DMV Report of Traffic Accident Occurring in California (SR-1) Form, https://www.dmv.ca.gov/portal/dmv-virtual-office/accident-reporting/
[2] https://www.dmv.ca.gov/portal/dmv-virtual-office/accident-reporting/
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]]>The post Dog Bites: How to Pursue a Claim and Recover Damages appeared first on Impact Attorneys.
]]>Immediate Steps to Take After a Dog Bite
Claims Not Limited to Dog Bites
Although most injuries from dogs are the result of bites, liability is not limited dog bites. Liability can be established if a dog causes you injuries. This includes injuries caused by a dog jumping on you or running into. For example, we dealt with a case where a dog got away from its owner and barreled into the client causing her to fall and break her leg.
Understanding Liability in Dog Bite Cases: Strict Liability vs. Negligence
1. Strict Liability for Dog Owners
Liability for dog bites typically falls on the dog owner, but it can vary depending on local laws.
California is a strict liability state. Under strict liability laws, dog owners are automatically responsible for damages caused by their dogs, regardless of the dog’s history. This means that the victim only needs to prove that the dog bit them and caused injury. One source of legal authority establishing strict liability for dog bites is California Civil Code section 3342, which states that the owner of a canine is liable for the damages incurred by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such behavior.
It is important to note that strict liability generally only applies to the dog owner. Other parties, such as landlords and property owners, may still be found liable for your damages based on a negligence claim. [1]
2. The Difference Between Strict Liability and Negligence
In strict liability cases, the defendant is automatically responsible for damages caused by the defendant. The party bringing the claim does not need to prove that the defendant’s negligence or reckless behavior caused their injuries. They simply need to prove that the prohibited act occurred.[2]
Conversely, for negligence claims, the defendant is only liable if they were negligent, meaning they were reckless or took less care than a reasonable person would have in similar circumstances.[3]
Who Can You Sue?
1. Dog Owner
The primary party you can sue is the dog owner. They are typically responsible for controlling their dog and preventing harm.
2. Landlords
Landlords may be liable if they knew a tenant’s dog was dangerous and failed to take appropriate action, especially if the attack occurred on their property.
Case Law Example: In Portillo v. Aiassa (1994) 27 Cal.App.4th 1128, a California court held a landlord liable for a tenant’s dog bite, as the landlord knew about the dog’s aggressive tendencies and failed to act.[4]
3. Property Owners
If a dog bite occurs on another person’s property, and they allowed a dangerous dog to be present, they might also be liable.
4. Animal Keepers
Anyone responsible for the dog at the time of the bite, such as a dog walker or a kennel, might be liable if their negligence contributed to the attack.
Potential Damages You Can Recover
1. Medical Expenses
You can recover costs for both immediate and future medical care resulting from the dog bite.
2. Lost Wages
If the bite caused you to miss work or impacted your future earning potential, you can claim lost wages.
3. Pain and Suffering
Non-economic damages for the physical and emotional distress caused by the dog bite can also be claimed.
4. Property Damage
If the dog bite resulted in damage to your personal belongings, you could seek compensation for the repair or replacement costs.
5. Punitive Damages
In cases of egregious conduct by the owner, punitive damages may be awarded to punish and deter such behavior.
Seeking Legal Help
Navigating a dog bite injury claim can be complex. It is advisable to consult with a personal injury attorney specializing in dog bite cases. They can provide guidance, negotiate on your behalf, and ensure you receive fair compensation for your injuries.
Conclusion
Being bitten by a dog is a serious matter that requires immediate medical attention and legal action to recover damages. Understanding who can be held liable, how to establish liability, and the types of damages you can recover is crucial for a successful outcome. If you find yourself in this unfortunate situation, taking the right steps can help you get the compensation you deserve and move towards recovery.
Our attorneys have handled numerous dog bite cases and help you recover the damages you are entitled to. If you or a loved one has been bitten by a dog, Contact Us right away to discuss your options.
[1] Civil Code, §3342.
[2] California Jury Instructions, CACI No. 463. Dog Bite Statute, https://codes.findlaw.com/ca/civil-code/civ-sect-3342-5/
[3] California Jury Instructions, CACI No. 400. Negligence, https://www.justia.com/trials-litigation/docs/caci/400/400/
[4] Portillo v. Aiassa (1994) 27 Cal.App.4th 1128
The post Dog Bites: How to Pursue a Claim and Recover Damages appeared first on Impact Attorneys.
]]>The post How Can Underinsured and Uninsured Motorist Coverage Protect You? appeared first on Impact Attorneys.
]]>So you’ve just been involved in a hit-and-run or an accident where the other driver either has no insurance or insufficient insurance coverage to cover your injuries. What now?
Accidents happen, and when they do, it’s crucial to have the right insurance coverage in place to protect yourself and your financial well-being. One type of coverage that often gets overlooked but can be a lifesaver is underinsured and uninsured motorist coverage. In this blog post. we dive into the importance of these coverages and how they can safeguard you in the event of a car accident on California’s roads.
Understanding Underinsured Motorist Coverage (UIM)
Underinsured motorist coverage, also known as UIM, is designed to provide additional protection when the at-fault driver’s insurance is insufficient to cover your damages. In other words, it acts as a safety net when the responsible party’s policy limits fall short of fully compensating you for your losses. This coverage can help bridge the gap and ensure you receive the necessary financial support to recover from your injuries and repair or replace your damaged property.
To give an example, if a third-party driver has a $15,000 policy (which is the minimum amount of coverage required in California) and you have $100,000 in underinsured motorist coverage, you can recover up to $85,000 from your own insurance company if the $15,000 third-party policy is not enough to compensate you for your injuries.
Underinsured motorist coverage serves as a safety net to ensure there will be a minimum amount of coverage you can recover following a car accident.
Understanding Uninsured Motorist Coverage (UM)
Uninsured motorist coverage, also known as UM, on the other hand, comes into play when the at-fault driver doesn’t have any insurance at all or in the event of a hit-and-run. It’s an unfortunate reality that some individuals choose to drive without proper insurance, leaving innocent victims vulnerable to financial hardships. Uninsured motorist coverage provides a layer of protection, stepping in to compensate you for your medical expenses, lost wages, and other damages when the responsible party lacks the necessary insurance coverage.
Why Underinsured and Uninsured Motorist Coverage Matters in California
If you’ve ever spent more than 5 minutes on the 101 or 405 freeways, the need for underinsured and uninsured motorist coverage should be exceedingly clear. California is known for its bustling roads and high population density. When you add traffic and aggressive driving into the mix, the likelihood of accidents increases significantly. Currently, California law only requires drivers to maintain minimum policy coverage of $15,000 per person and $30,000 per accident. We won’t go into the outrageous costs of medical care in this country, but we all know that a trip to urgent care or the ER can easily exceed $15,000. Moreover, despite mandatory auto insurance laws, there are still individuals who drive without insurance. In such a scenario, having uninsured motorist coverage becomes even more critical.
The sad reality is that you cannot and should not rely on a third-party having enough insurance coverage to cover your injuries following a motor vehicle accident. Underinsured and uninsured motorist coverage ensures that you’re not left shouldering the financial burden caused by someone else’s negligence.
Conclusion
Underinsured and uninsured motorist coverage is not just an optional add-on to your auto insurance policy—it’s an essential component of comprehensive protection. By understanding the importance of these coverages and ensuring you have adequate coverage, you can rest assured knowing that you’re safeguarded against the financial hardships that may arise from an accident with an underinsured or uninsured driver. Consult with a knowledgeable personal injury lawyer to review your insurance coverage and ensure you’re adequately protected on the road. Your well-being and peace of mind are worth the investment in the right coverage. Drive safely and stay protected!
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
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]]>The post The Impact of Proposition 213 on Personal Injury Claims in California appeared first on Impact Attorneys.
]]>In 1996, California voters passed Proposition 213, which placed restrictions on the rights of individuals who were not insured to collect non-economic damages (such as pain and suffering) in personal injury cases. This proposition has had a significant impact on personal injury claims in the state, affecting the compensation available to those who are injured due to the negligence of others.[1]
Proposition 213 limits non-economic damages in personal injury cases to those who were insured at the time of the accident. This means that uninsured individuals, including those who were driving without insurance, are not eligible to receive compensation for pain and suffering, emotional distress, or other non-economic damages resulting from their injury.[2]
This restriction has had a significant impact on personal injury claims in California, particularly for uninsured motorists. For example, if an uninsured motorist is involved in a car accident and suffers serious injuries, they may be unable to receive compensation for their pain and suffering, even if the other driver was at fault.
While Proposition 213 was intended to reduce the cost of insurance for California residents, it has also led to a reduction in compensation for those who are injured in accidents. This has created a significant challenge for uninsured individuals who are seeking compensation for their injuries, as they may be unable to cover the costs of their medical bills, lost wages, and other expenses resulting from the accident.[3]
If you have been involved in a personal injury accident in California, it is important to understand the impact of Proposition 213 on your rights to compensation. An experienced personal injury attorney can help you navigate the complex legal landscape and ensure that you receive the compensation you deserve for your injuries. Contact us today to discuss your case.
Keywords: Proposition 213, personal injury claims, California, uninsured motorists, non-economic damages, compensation, pain and suffering, emotional distress, insurance, legal landscape, personal injury attorney.
[1] Civil Code, § 3333.4.
[2] Id.
[3] See California Proposition 213, https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R-1188.htm (1999).
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
The post The Impact of Proposition 213 on Personal Injury Claims in California appeared first on Impact Attorneys.
]]>The post Understanding the Statute of Limitations for Personal Injury Claims in California appeared first on Impact Attorneys.
]]>Understanding the Statute of Limitations for Personal Injury Cases in California
The statute of limitations is a critical component of a legal claim. In this blog post, we’ll focus on the statute of limitations for personal injury claims in California.
The statute of limitations is the legal time limit you have to file a lawsuit for a claim. The time limit can vary depending on the type of claim. For example, the statute of limitations for filing a personal injury claim is generally different from the statute of limitations for filing a breach of contract claim.
The easiest way to understand the statute of limitations is to think of it as a countdown timer. The timer generally starts ticking on the date of the incident or upon the discovery of the wrong giving rise to the claim. Once the timer hits zero, you normally lose the ability to pursue your legal claim and seek damages. For that reason, it is very important to be aware of the statute of limitations that applies to a particular claim.
The statute of limitations for personal injury cases is generally two years. [1] The two-year statute of limitations typically applies to:
Some personal injury claims are subject to a one-year statute of limitations—including actions for libel, slander and false imprisonment.[2]
It is important to be aware that the statute of limitations may be shortened if you are suing a government agency. For personal injury claims against the government, an administrative claim must be filed within 6 months of the date of the injury.[3] An administrative claim is different from a lawsuit and is filed directly with the government agency. The procedures for government claims are very particular and the statute of limitations can be complicated to figure out. We strongly recommend that you talk to an attorney to determine how much time you have and the procedures that must be followed to pursue your claim.
You can read about these types of claims and the services we offer here.
The statute of limitations generally starts to run when the wrongful act is committed.[4] This means that for the typical car crash, the countdown timer starts to tick on the date of the accident.
Under appropriate circumstances, the running of the statute of limitations may be delayed until a plaintiff discovers or should have reasonably discovered the facts constituting their claim.[5] Specifically, the “delayed discovery rule” postpones the statute of limitations until the plaintiff suspects or reasonably should suspect:
The delayed discovery rule is commonly seen in medical malpractice actions. That is because the plaintiff (i.e., typically the patient) may not have knowledge that something is wrong until months or even years after an operation or consultation with a doctor. In medical malpractice actions, a claim must be brought within one year after the plaintiff discovers or reasonably should have discovered the “injury.”[7]
The statute of limitations can be put on hold for a period of time under certain circumstances. This is known as “tolling”. Tolling may happen when the defendant is:
When the reason for the tolling ends, the statute of limitations begins to run again.
It is very important to understand that filing your claim with the insurance company generally does not toll the statute of limitations. If the insurance company has rejected or failed to respond to your claim, you must make sure to file a lawsuit before the statute of limitations expires in order to retain your legal rights.
A tolling agreement is a legal agreement between the plaintiff and defendant that temporarily puts a hold on the statute of limitations. The time limit for filing a lawsuit will be extended for the duration of time specified in the tolling agreement. Tolling agreements are often used for personal injury claims when the insurance company requests additional time to complete their investigation or when the parties are negotiating a settlement that may resolve the claims and avoid the need to file a lawsuit.
Tolling agreements are complicated matters and should be carefully to vetted to ensure that you do not waive any of your legal rights. We strongly encourage you to consult with an attorney before entering into a tolling agreement.
It is important to act quickly after an incident, as the process of gathering evidence, interviewing witnesses and assessing the extent of the damage can take time. Additionally, the longer you wait to file a claim, the harder it may be to gather the necessary evidence and build a strong case.
At our law firm, we understand the importance of meeting deadlines and ensuring that our clients’ rights are protected. We work diligently to gather the necessary evidence, build a strong case and file a claim before the statute of limitations expires.
Contact us today to discuss your case.
[1] California Code of Civil Procedure section 335.1
[2] California Code of Civil Procedure section 340.
[3] California Government Code sections 905 and 911.2
[4] Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 C4th 797, 807-809.
[5] Id.
[6] Id.
[7] California Code of Civil Procedure section 340.5.
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
The post Understanding the Statute of Limitations for Personal Injury Claims in California appeared first on Impact Attorneys.
]]>The post Sample California Public Records Act (CPRA) request form appeared first on Impact Attorneys.
]]>Below we provide a template form you can use to request records under the California Public Records Act (CPRA). If you have any questions about using the form, feel free give us a call or e-mail us at [email protected].
[Agency Name]
Public Records Department
[Address]
Re: Public Records Act Request
To Whom It May Concern:
Pursuant to the California Public Records Act (“CPRA”) (Gov. Code, § 6250 et seq.) I hereby request all records in the possession of [Agency Name] (the “Agency”) for the category of records listed below. This request for records includes all “writings” as defined in Government Code section 6252, inclusive of any text messages, hand written notes, and personal e-mails concerning public business. Unless a specific date range is provided below, please provide all records in the possession of Agency responsive to each request.
CATEGORIES OF RECORDS REQUESTED
In accordance with Government Code section 6253, subdivision (c), please provide a response within ten (10) days of receiving this request.
I have attempted to be as specific as possible in designating the public records I wish to obtain. If you find that the requests are unclear or insufficiently focused, I request that you provide me with the assistance required under Government Code section 6253.1 to clarify the request.
Please provide electronic copies of all responsive records to [Fill Name] at [Fill e-mail address].
Thank you for your assistance with this matter.
Sincerely,
[Fill Name]
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
The post Sample California Public Records Act (CPRA) request form appeared first on Impact Attorneys.
]]>The post How to make a California Public Records Act (CPRA) request appeared first on Impact Attorneys.
]]>If you live in California, you have the right to access public records under the California Public Records Act (CPRA) (Gov. Code, § 6250, et seq.). The CPRA ensures that the public has the right to access records maintained by state and local agencies, unless those records are exempt from disclosure.
Making a request for public records can seem intimidating, but it is a relatively simple process and public agencies are required by law to assist requestors obtain the records they are seeking. In this blog post, we will outline the steps you need to take to prepare a successful California Public Records Act request. If you’re looking for a template CPRA request form you can send to a public agency to request documents, you can find one here: https://impactattorneys.com/sample-california-public-records-act-cpra-request/.
Step 1: Determine what type of records you are looking for
Before you begin your request, it is important to have a clear understanding of what type of records you are looking for. The CPRA applies to any records that are maintained by state or local agencies, with some exceptions. Some examples of records that may be available under the CPRA include:
Step 2: Find out which agency maintains the records you are looking for
Once you know what type of records you are looking for, you need to determine which agency maintains those records. Different agencies are responsible for different types of records, so it is important to identify the correct agency for your request. You can find out which agency maintains the records you are looking for by contacting the agency directly or by searching online for information about the agency’s responsibilities.
Step 3: Make your request in writing
Under the CPRA, requests for public records must be made in writing. This means that you will need to prepare a written request that includes all of the information necessary to identify the records you are seeking. Your request should include:
It is also a good idea to include any other relevant information that may help the agency locate the records you are seeking.
Step 4: Submit your request to the appropriate agency
Once your request is prepared, you will need to submit it to the appropriate agency. You can submit your request by mail, email, or in person. Make sure to keep a copy of your request for your records.
Step 5: Wait for a response
Under the CPRA, agencies have 10 business days to respond to your request. If the agency is able to provide the records you have requested, they will either provide the records to you or let you know how much it will cost to obtain the records. If the agency is unable to provide the records, they will let you know why.
Conclusion:
Making a California Public Records Act request is a simple process that allows you to access important information about the operations of state and local agencies. By following the steps outlined above, you can prepare a successful request and get the information you need.
Contact us if you need help sending a CPRA request or if a public agency has refused to disclose records.
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
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]]>The post Why You Should Never Give a Recorded Statement to the Insurance Company appeared first on Impact Attorneys.
]]>One of the first things insurance adjusters want to do following a car accident is get you on the phone to give a recorded statement. We get calls all the time from people asking if recorded statements should be given and if failing to give one can hurt their case.
Our policy is to never give recorded statements and to always submit a written statement of facts. You generally have no obligation to provide a recorded statement and refusing to give one should not impact your claim. Remember, the insurance adjuster is not on your side. Below is a brief explanation on why recorded statements should not be given following a car accident.
It’s understandable that you might be feeling overwhelmed and unsure of what to do after a car accident. One thing you should avoid, however, is giving a recorded statement to an insurance adjuster. Here’s why:
In conclusion, it’s generally a good idea to avoid giving a recorded statement to an insurance adjuster after a car accident. Instead, seek the help of an experienced attorney who can protect your rights and help you get the compensation you deserve. Contact us now to discuss your claim.
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
The post Why You Should Never Give a Recorded Statement to the Insurance Company appeared first on Impact Attorneys.
]]>The post What is the California Public Records Act (CPRA)? appeared first on Impact Attorneys.
]]>The California Public Records Act (CPRA) is a state law that guarantees the public access to records held by government agencies in California. This act ensures transparency and accountability in government by allowing members of the public to request and obtain copies of government records.
The CPRA applies to all state and local government agencies in California, including departments, boards, commissions, and other public entities. This means that any records created or maintained by these agencies are subject to the provisions of the CPRA.
Under the CPRA, members of the public have the right to request access to any record that is not exempt from disclosure. This includes records related to the operations, policies, and decisions of government agencies. Some examples of records that are not exempt from disclosure under the CPRA include:
-Correspondence and emails
-Contracts and other agreements
-Budgets and financial records
-Reports and studies
-Video and surveillance footage
When a member of the public makes a request for records under the CPRA, the government agency has 10 days to respond. If the agency denies the request, it must provide a written explanation for the denial. The agency may also charge a fee for copies of the records, but the fee must be reasonable and not exceed the actual cost of reproducing the records.
In addition to providing access to records, the CPRA also requires government agencies to make certain records available for inspection and copying during regular business hours. These records must be made available in a manner that is convenient to the public. If a government agency wrongfully withholds public records a lawsuit can be filed to compel the record production. A successful lawsuit may result in the government agency being required to pay for all attorneys fees and costs.
The CPRA is an important tool for promoting transparency and accountability in government. By allowing members of the public to access government records, the CPRA helps ensure that government agencies are operating in an open and transparent manner. The CPRA is a great tool for obtaining records from government agencies without having to go through the formal discovery process.
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
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]]>The post Traumatic Brain Injury (TBI) appeared first on Impact Attorneys.
]]>Traumatic brain injury (TBI) is a serious condition that can occur after a car accident. TBI occurs when the brain is damaged by a sudden, violent blow or jolt to the head. It can also be caused by a penetrating injury, such as a bullet or knife wound.
Symptoms of TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. Mild TBI, also known as a concussion, may cause temporary loss of consciousness, headache, dizziness, confusion, and memory loss. More severe TBI can result in long-term problems with memory, thinking, and emotions, as well as physical changes such as paralysis or loss of sensation.
If you or a loved one has suffered a TBI after a car accident, it’s important to seek medical attention right away. A doctor will perform a physical exam and imaging tests, such as a CT scan or MRI, to assess the extent of the injury. Treatment for TBI may include medications to manage symptoms, physical therapy to help with movement and coordination, and rehabilitation to help with cognitive and emotional issues.
It’s also important to consider the legal implications of a TBI after a car accident. If the accident was caused by another driver’s negligence, you may be entitled to compensation for your injuries and other damages. An experienced personal injury lawyer can help you understand your rights and options and fight for the compensation you deserve.
TBI can be a life-changing injury, but with proper medical care and support, people with TBI can often make a good recovery. If you or a loved one has suffered a TBI after a car accident, contact us right away to discuss your options.
If you have any questions about coverage or a claim, give us a call at 818-350-2349 or request a call back to speak to one of our attorneys today.
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