Motorcycle Crashes in California

Motorcycle accidents can be devastating, causing severe injuries and even loss of life. California, with its beautiful landscapes and favorable weather, attracts countless motorcyclists every year. Unfortunately, the state also routinely witnesses the highest number of motorcycle crashes in the country.

The Facts

Since motorcycles lack the protective features that standard four-wheel vehicles do, crashes involving a motorcyclist often result in serious and potentially life-altering injuries. According to the National Highway Traffic Safety Administration (NHTSA), motorcycles accounted for approximately 14% of all traffic-related fatalities in the United States in recent years, despite motorcycles making up only a mere 3% of all registered vehicles.

Why?

High speed, lack of visibility, and lane splitting are the common factors in motorcycle crashes. One of the significant dangers of lane splitting is the reduced visibility for both motorcyclists and other drivers. When motorcycles maneuver between lanes, they become less visible to drivers who are distracted and may not anticipate their presence. This increases the likelihood of collisions, especially when drivers make sudden lane changes without checking their blind spots, which we see all too often.

Fighting for Your Rights

Despite lane splitting being legal in California, many insurance companies and guilty drivers will attempt to blame the motorcyclist for crashes when lane splitting is at play or argue that they were speeding due to the fast nature of the bikes without merit. If you or a loved one are a victim of a motorcycle crash, you may want the help of an experienced car crash attorney to navigate the claims process.

Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Hit and Run Accident: Essential Steps to Take for Personal Injury Claims

 

Being involved in a hit and run accident can be a traumatic experience. The shock and confusion in the aftermath of such an incident can make it difficult to know what to do next. However, taking immediate action is crucial to protect your rights. The lawyers at Ray Padilla Law outline below the essential steps to take after being involved in a hit and run accident, specifically focusing on personal injury claims.

 

Ensure Your Safety

The first and most important step is to ensure your safety and the safety of others involved. If you are able, move to a safe location away from traffic and do NOT attempt to chase/follow the vehicle that hit you. Call 911 right away. If you or anyone else requires immediate medical attention, alert the dispatcher to get medical personnel.

 

Document the Details

Despite the shock, try to gather as much information about the accident as possible. Take note of the time, date, and location of the incident. If you saw the other vehicle involved, try to remember its make, model, color, and license plate number. Any details, no matter how small, can be valuable in identifying the responsible party.

 

Report it to the Police

Immediately report the hit and run accident to the police as they arrive on scene. Provide them with a detailed account of what happened and any information you have gathered. The police report will serve as important evidence in your personal injury claim.

 

What if They Can’t Find the Person Who Hit Me?

The next thing you’ll want to do is find your own insurance information, specifically your declaration page, which states what coverage(s) you have been paying for every month.  What you will be looking for is whether you carry  Uninsured Motorist Coverage.

 

If you, the authorities, and your insurance cannot find the person that crashed into you, then you still may be able to make a claim for compensation if you carry Uninsured Motorist Coverage. This can be as low as $15,000 of coverage, or up to $1 million or more.  No, this should not affect your insurance premium and you shouldn’t hesitate to proceed this way since that is exactly why you’ve been paying your monthly premium for.

 

Call Today for a Free Consultation

If you have been involved in a hit-and-run car crash, you may want the help of an experienced car crash attorney. Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Understanding Insurance Policy Limits

Auto insurance limits are the maximum amount of money that an insurance company will pay out in the event of an accident. These limits are set by the policyholder when they purchase their auto insurance policy.

 

In most states, auto insurance policies are required to have minimum limits for bodily injury liability and property damage liability. Bodily injury liability covers the costs of medical expenses, lost wages, and other damages that may arise from injuries sustained in an accident. Property damage liability covers the costs of repairing or replacing property that is damaged in an accident.

 

For example, in the state of California, the minimum limits for bodily injury liability are $15,000 per person and $30,000 per accident. The minimum limit for property damage liability is $5,000.

 

When an auto insurance policy states “$15,000 per person and $30,000 per accident,” it means that the insurance company will pay up to $15,000 for each person who is injured in an accident and up to $30,000 total for all injuries sustained in the accident.

 

So, if only one person is injured in the accident, the insurance company will pay up to $15,000 to cover their medical expenses, lost wages, and other damages resulting from the accident. However, if more than one person is injured in the accident, the total payout for bodily injury liability will not exceed $30,000.

 

Let’s say there is a crash with 3 injured claimants. In this scenario, let’s assume that each of the three claimants had medical bills that totaled $20,000, $25,000, and $30,000, respectively, for a total of $75,000. Since the 15/30 policy limits have been reached, the insurance company will only pay out a total of $30,000 for bodily injury per accident, which means that each claimant will receive a portion of the available funds based on their individual circumstances.

 

Assuming that the insurance company decides to pay out the claims in proportion to the amount of medical bills incurred by each claimant, the first claimant would receive $10,000, the second claimant would receive $12,500 and the third claimant would receive $15,000 (these figures are all half of their total medical bills).

 

It’s important to note that this is just one possible scenario, and the specific outcome will depend on the individual circumstances of the accident and the insurance policy in question. Additionally, it’s worth noting that if the total amount of damages exceeded the policy limits, the claimants may have under-insured motorist coverage available through their own policies, or have the option to pursue legal action to recover the remaining costs.

 

Have you or a loved one been involved in a car crash? Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

What is Health Insurance Subrogation?

Have you been involved in a car crash that wasn’t your fault? If you sustained injuries, it is likely that you were treated at an emergency room or medical facility. Did you notice that the doctors and/or insurance wanted the at-fault party’s information? Your health insurance company may have the right to recover some or all of the medical expenses they paid on your behalf. This process is known as subrogation.

Subrogation allows your health insurance company to recover the medical expenses they paid on your behalf from any settlement or judgment you receive from a third party, such as the at-fault driver or their insurance company. This is done to prevent the insured person from receiving a windfall and being paid twice for the same expenses – once by their health insurance company and again by the third party responsible for the accident.

The process of subrogation can be complicated and is often a source of confusion for those involved in car accident cases. If you have health insurance and are involved in a car accident, it is important to understand your insurance policy and the potential for subrogation.

While it may seem frustrating that your health insurance company wants a portion of your settlement, it is important to remember that the insurer may have a legal right to recover its payments from any settlement or judgment obtained by the insured person; the terms of subrogation are usually outlined in the health insurance policy contract which you signed.

Further, the policy language may require you to notify the insurance company of any potential settlement or judgment you receive from a third party. Failure to notify the insurance company may result in a breach of your insurance policy, which could lead to the insurance company denying further coverage.

It is important to note that the amount of subrogation can vary depending on the specific circumstances of your case. In some instances, the insured person may be able to negotiate with their health insurance company to reduce the amount of subrogation or reach a compromise especially when the settlement received is a lesser amount than what the health insurance company paid out in medical benefits. It is important to consult with a qualified attorney to determine the best course of action for your specific situation.

 Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

The Benefits of Hiring a San Diego Car Accident Attorney: Get the Compensation You Deserve!

Picture this: It’s a sunny day in San Diego, California, and you’re driving down the highway with the ocean breeze in your hair. Suddenly, out of nowhere, you’re involved in a car accident that leaves you with injuries, a damaged vehicle, and mounting expenses. What do you do next? You turn to the expert car accident lawyers in San Diego to fight for your rights and secure the compensation you deserve. Here are some of the benefits of hiring a car accident attorney:

  1. Knowledge and experience: A car accident attorney has the knowledge and experience necessary to handle your case effectively. They understand the legal system, know how to negotiate with insurance companies, and can provide guidance on the best course of action for your specific situation.
  2. Maximize your compensation: A car accident attorney can help you obtain the maximum compensation for your injuries, medical expenses, lost wages, and other damages. Hiring an attorney alone can increase a settlement offer by 26 times.
  3. Access to resources: A car accident attorney has access to resources that you may not have on your own, such as accident reconstruction experts, medical professionals, and investigators.
  4. Reduce stress: Dealing with a car accident can be a stressful experience. A car accident attorney can help relieve some of that stress by handling the legal aspects of your case and keeping you informed of your options.

When choosing a car accident attorney, here are some important factors to consider:

  1. Experience: Look for a local San Diego attorney who has experience handling car accident cases similar to yours, and a proven track record of success.
  2. Reputation: Check online reviews for local attorneys and ask for referrals from family and friends.
  3. Communication: Choose an attorney who is responsive and communicates well with you throughout the process. You should be able to speak with your attorney directly, not only their support staff.
  4. Fees: Find out how the attorney charges for their services, whether it is on a contingency basis (where they only get paid if you win your case) or hourly.
  5. Comfort level: You should feel comfortable working with your attorney and confident in their ability to handle your case effectively.

Getting into a car accident in San Diego, CA, can be a traumatic and overwhelming experience. By enlisting the help of a skilled car accident lawyer, you can focus on healing while they work tirelessly to secure the compensation you deserve. Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Injury from a Dog Bite in San Diego?

 

San Diego County receives over 2,500 reports of Dog Bites every year. Unfortunately, many of these bite victims sustain serious injuries, and occur most often to children. California has specific laws in place to protect people that have been injured by a dog. Our attorneys at Ray Padilla Law APC explain the process of reporting a dog bite and the potential injury claim.

 

What Do I Do?

If you or a loved one have suffered from a dog attack in San Diego, immediately seek medical attention if you are injured, then call San Diego Animal Services at (619) 236-2341 to report the incident.

When you report the incident, provide as much information as possible, including owner and dog information, any witnesses, video footage, and a detailed location. Ensure that you take down the unique report number that they create for the incident and obtain any medical records from treatment.

 

California Law

Under California law, dog owners are strictly liable for damages if their dog bites someone in public, or lawfully in a private place, per Civil Code 3342. This means that the injured party does not need to prove negligence of the dog owner, the owner automatically assumes liability for the dog by law.

 

Dog Bite Injury Claim

Dog bite victims that have sustained injuries may be entitled to compensation. This could include economic damages for past and future medical costs as well as compensation for pain and suffering. Compensation in dog bite claims typically comes from the insurance company of the dog owner, such as a homeowner’s or renter’s policy, though there may be other avenues as well.

 

Are you a victim of a dog bite? Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Car Damage Caused by Potholes?

California has experienced record-breaking rainfall in the new year, which has left San Diego roads damaged and riddled with dangerous potholes. In just the past 9 days, the city has received more than 1,100 reports of potholes. Although all drivers strive to stay diligent on the road, while driving in the dark or heavy traffic conditions, potholes are hard to see, and running over them can often be inevitable.

Report San Diego potholes here!

What About My Car?

If your car was damaged a result of the pothole, your own auto insurance can be the best and quickest option to ensure your vehicle can be fixed and back on the road as quickly as possible, assuming you carry the necessary coverage. Pothole damage may be covered under comprehensive and/or collision coverage under your insurance.  It is important to note that a deductible may apply and depending on the damage and cost to repair the damage, so going through your insurance and paying a deductible may not be appropriate depending on the amount of your deductible.

If you don’t carry the proper coverage, unfortunately you will have to front the costs of damages and have the option to then make a claim against the city for reimbursement (if the pothole was on City of San Diego property). Claims against the city for property damage must be filed within 6 months from the date of the incident and completed in accordance with California Government Code sections 900-915.4. However, filing a claim does not automatically mean reimbursement.

A few years ago, a decades long study revealed that an average of 1 out of 4 pothole claims are denied by the City, and those that are, typically do not receive full reimbursement. This is why carrying the proper insurance coverages is extremely important, even if vehicle damages are not your fault, you may get stuck with the bill.

Click here to learn more about what your California insurance coverages mean and their importance.

 

If you or someone you know has been injured in a crash we are ready to help. Contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

The information contained on this page is for informational purposes only and is not to be considered a substitute for advice from a qualified attorney. If you require legal assistance, we highly recommend you speak to a qualified attorney.

Car Accident Lawyer

Be Extra Cautious During Holidays!

While alcohol-impaired driving is always a major concern in motor vehicle crashes, there are certain times of the year when the problem is more prevalent: during the holidays.

 

According to the National Highway Traffic Safety Administration, Fatal crash data spanning over 30 years have revealed consistently that Thanksgiving week, and the time period between Christmas to New Year’s Day see that largest amount of motor vehicle crash fatalities. Thus, making the holiday season a reason to be extra alert and vigilant while on the road. 

 

As many people travel to see and spend time with their loved ones, more bodies and vehicles are on the road than usual. During this time, many holiday festivities also include and celebrate with the consumption of alcohol. Unfortunately, these all too often go hand in hand, and many of the fatal crashes seen are related to driving under alcohol intoxication.

 

The NHTSA data reveals that “about 40 percent of all fatalities during the Christmas and New Year holiday periods have occurred in crashes where at least one of the involved drivers was alcohol-impaired as compared to about 28 percent of all fatalities during the rest of December.” With more people consuming alcohol, there inevitably are more drivers that have consumed alcohol as well. 

 

Our lawyers at Ray Padilla Law APC wish you and your loved ones a very happy and more importantly safe holiday season. 

 

Have questions about a car crash that occurred over the holidays? Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

New Medi-Cal Asset Limits’ Effect on Injury Claims

 

Beginning July 1, 2022, a new law in California increased the asset limit for Medi-Cal programs. The increased asset limits allow qualified beneficiaries to retain a larger amount of non-exempt assets and still be eligible for Medi-Cal.

 

The increase raised the asset limit for individuals from $2,000 to $130,000. The threshold increases an additional $65,000 per family member living in the household. These assets don’t include necessary things such as a primary house, primary vehicle, retirement funds, or tools for work.

 

The increase in asset limits marks a monumental adjustment for beneficiaries. This is especially pertinent to beneficiaries involved in an injury claim. The previous asset limit of only $2,000, hindered people’s ability pursue personal injury claims for compensation out of fear that their much-needed healthcare benefits would be taken away.

 

Fortunately, beneficiaries no longer have to make a tough decision and be put at risk of losing benefits when obtaining a personal injury settlement within the threshold. Now, California beneficiaries can hold up to $130,000 in assets and maintain Medi-Cal eligibility.

 

Are you a Medi-Cal recipient and have been in injured in a car crash? Let us discuss your legal options in a free consultation. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

The Effect of Social Media on Injury Settlements

 

For many, posting on social media is a part of their daily lives; from updating a status on Facebook, participating in a new trend on TikTok, or Tweeting and posting a ‘Happy Birthday’ photo on Instagram. However, if you were injured in a car crash that was not your fault, engaging in these social media posts can significantly harm your claim for compensation.

 

Why?

Whatever you do, write, post, and are tagged in by others, in the past or present, may be obtained by a defense attorney or insurance company to be used against you – even if you have a private account. This applies to all social media sites – such as Facebook, Instagram, Twitter, TikTok, Twitch, Snapchat, WhatsApp, etc.

What may seem as simple as posting a smiling photo with family, can end up being extremely problematic. For example, if the location of the photo is at a roller rink,  an adjuster or the defense counsel will see the photo of a smiling face at the rink, assume that you roller skated and very well may determine that you not as hurt as you claim to be. Even if you just went for your daughter’s birthday, and did not participate in roller skating, that is not the story that the photo tells.

This has become standard practice for a defendant and their attorneys to run a background search and investigation to recover all of your social media accounts and obtain as much information about your personal life as they can to help defeat your case.

 

What Can You Do?

Ideally, temporarily close or log out of all accounts for the duration of your case, even if the account is on ‘private.’ That being said, do not delete anything from your accounts as they stand, for it could be viewed as an attempt to hide evidence. If refraining from social media is not realistic for you, ask a skilled attorney for guidance and obtain further information.

 

Call Today For a Free Consultation

Let us discuss your legal options in a free consultation. If you have been injured in a crash that wasn’t your fault and are concerned about social media, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”