Category Archives: Insurance

Off Road Motorcycle, Dirt Bikes, Dune Buggies, Golf Cart, Snowmobiles, and ATV (standard, sport and utility) Insurance and Safety; Some Important Tips.

California Personal Injury Attorney Norman Gregory Fernandez discusses Off Road vehicle insurance and safetyI was reading a story whereby a 14-year-old girl from Woodacre, California was airlifted to an Oakland hospital Sunday afternoon after a collision between two off-road motorcycles in Novato.

The girl suffered head and internal injuries in an undeveloped lot near the junction of highways 101 and 37 and was flown to Oakland Children’s Hospital by helicopter, said Novato police Lt. Dave Jeffries. Her name has not been released because she is a minor.

The dirt bikes collided on a relatively flat trail at about 1 p.m., and Novato fire personnel arrived a few minutes later.

A 15-year-old male was on the other motorcycle and suffered a minor hand injury, He was not transported to a hospital, Jeffries said.

Fire Capt. Jeff Whittet said the girl was wearing a helmet but suffered moderate to severe injuries. She was conscious when rescuers treated her at the site.

“I would say they didn’t hit head-on but they crossed up their handlebars,” Whittet said.

The undeveloped Hanna Ranch site, about 4 1/2 acres just south of the Vintage Oaks shopping center, is popular with off-road motorcyclists. A 62,000-square-foot office complex has been approved there but construction has not begun.

The story got me thinking about some cases I have had involving off road motorcycles and other off road sports vehicles. It also got me thinking about a story my friend Scott told me about his son having multiple bad accidents on dirt bikes.

Most people do not realize that you can purchase insurance to protect yourself and your loved ones while they are riding off road vehicles such as dirt bikes, dune buggies, golf carts, snowmobiles, and all terrain vehicles. (ATV’s) as a matter of fact it would be dumb to engage in off road motor vehicle activities without insurance because to be frank, there are many off road motor vehicle accidents, but you never hear about them because they go unreported.

Most off road motor vehicle insurance policies cover: Collision, Liability, Medical, Safety Apparel Coverage for damage to any clothing designed to minimize damage from an accident, including helmets and goggles, Optional Equipment Coverage including towable trailers or sleds made for use with an ATV or snowmobile, and more. You pay to cover yourself in your street car, truck, or motorcycle; it only makes sense to protect yourself and your loved ones with off road vehicle insurance. You can find insurance companies providing this type of insurance all over the Internet. Do a search on Google, MSN Live, or Yahoo to find them.

Here are some basic off road safety tips. When You Ride the Trail, Put Safety First!

Think ahead. Ask your local dealer about the laws and regulations in your area. Do your best to preserve the areas where you ride, and be sure that you only ride where off-road vehicles are permitted. Read your owner’s manual. Then make sure you take your manual, a small tool kit and essential spare parts with you whenever you ride.

Gear up. For optimum protection in case of an accident, always wear a DOT-approved motorcycle helmet, eye protection, a sturdy jacket, long pants, over-the-ankle boots and gloves.

Practice. Find a safe place to practice braking, turning and improving your reaction time to help improve your skills and make you a better – and safer – rider.

Learn more. Improve your riding skills by taking a training course. Make sure your vehicle is properly licensed or registered. Choose a vehicle that is appropriate for your age and ability.

Stay off paved roads. Remember that off-road vehicles are meant for operation off pavement and public roads. These surfaces may not only be illegal, but dangerous. Your off-road vehicle may be difficult to control on pavement, which could result in an accident.

Maintain control and stay sharp. Keep your speed right for the conditions and your experience. Be aware of current terrain, visibility and weather conditions, potential hazards or obstacles. Ride only when your senses are sharp. Never do drugs or drink and then ride.

Check it out. Be sure to check that your off-road vehicle is running properly before hitting the trail. Always check controls, lights, fuel and oil levels, switches, chain, driveshaft, tires and chassis before you head out. Follow the recommended service schedule for your off-road vehicle and be sure an authorized service provider makes all repairs.

Go it alone. Never carry a passenger on your off-road vehicle unless the vehicle is designed with an appropriate passenger seat. Additional weight can greatly affect the handling of your off-road vehicle and potentially cause loss of control. It’s a good idea to take a buddy along, only on their own vehicle.

Know you’re protected.  Be sure you have proper insurance coverage to protect your vehicle and provide liability coverage in case someone gets injured or property is damaged during the use of your vehicle.

Off road motor sports can be very fun and exciting for the whole family. Exercising proper safety and insuring yourself against loss will make it that much better!

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009 www.thepersonalinjury.com

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The Importance of Keeping Your Liability Insurance Even in Tough Economic Times.

California Personal Injury Attorney Norman Gregory Fernandez discusses the importance of maintaining liability insurance in tough economic timesMy office has been swamped with accident victims who are not at fault in motorcycle, car, truck and other motor vehicle accidents, yet had no liability insurance at the time of the accident.

In California if you drive a motor vehicle such as a car, motorcycle, truck, etc., without basic liability insurance, you are precluded from recovering general damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. (California Proposition 213)

In other words if you lose a leg, or become a quadriplegic, you will only be entitled to out of pocket expenses only if you drive without liability insurance. To add insult to injury, you could lose your license, have your car impounded, and face penalties from the State.

If you cannot afford liability insurance, there is a special program through the State of California to obtain cheap liability insurance. If you cannot get that, flat out don’t drive. It is not worth it.

My law firm is one of the few law firms that will represent accident victims throughout the State of California who did not have liability insurance at the time of the accident. We do not condone it, but we believe that everyone deserves a fair shake. We will do everything we can for you, even if you were an uninsured victim of a motor vehicle accident.

I am recommending that if you cannot afford liability insurance, you should use public transportation until you can. It is illegal to drive in the State of California without minimum liability insurance to cover you in case you are fault in an accident.

The flip side of the coin is that all California motorist should carry uninsured motorist coverage in an amount equal to what they would want to cover themselves for in case they are injured, to protect yourself from a person who is at fault in an accident against you, yet has no liability insurance.

Motorcycle riders should carry a minimum of $500,000.00, five hundred thousand dollars in uninsured motorist coverage because of the usually catastrophic injuries that result from motorcycle accidents.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

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Representing Yourself in a California Personal Injury Case is Just Plain Dumb!

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.Recently I talked to a man who was rear ended in a car accident, and suffered injuries. He received medical treatment which totaled approximately $5,000.00. He stated that the insurance company told him to submit a demand, which he did. He then told me that the insurance company kept telling him to wait just a little longer, and that they would work it out, etc.

Well guess what, the man waited for two years and two days after the accident to call me for a consultation. He is basically shit out of luck; S.O.L. for short! You see you only have two years from the date of the injury to file a lawsuit. This is also known as the statute of limitations for filing a law suit in this type of case. Ignorance of this fact is no excuse for waiting.

Had the man called me one week before the statute of limitations expired, I might have taken the case and filed the requisite lawsuit for him. Unfortunately for him, it was too late. In this mans zeal to in his mind to get more money by not getting an attorney, he got nothing. Little did he know that in the vast majority of cases, a plaintiff in a personal injury case gets more money with an attorney, then without.

I recently spoke to a lady who also happened to work for an insurance company. She had a car accident and was still treating. She was told she may need surgery. The defendant insurance company offered her $7,000.00. She talked to some (moronic) friends at her insurance company who told her it was a good offer, and she took it. She signed a settlement and release of all claims, her case is over. She calls me after the fact to see if she can get out of it. The answer was no! She is stuck with her dumb decision.

I always ask myself why persons injured in a motor vehicle accident, slip and fall, dog bite, or other type of personal injury would not at least call a personal injury attorney like me to obtain at least a free consultation to find out what their rights are? If someone was very sick would they not go see a doctor? Sure they would. So why do people try to handle personal injury cases on their own. Don’t they realize it is the dumbest thing you can do? Don’t they realize that they may be entitled to untold thousands or more in compensation for their injuries? Don’t they realize that personal injury attorney’s such as myself charge nothing unless we recover money for you.

Now granted there are tons of personal injury attorney’s out there. In my opinion most are just settlement mills looking for the quick buck. Not me or my firm!

If you have a personal injury case in California, call me for a free consultation at 800-816-1529 ext. 1. If I can help you, I will. I  will fight to get you as much money as possible in your case.

Don’t be cheap, and don’t be dumb, retain an attorney to get more money than you will on your own. Don’t be like the fools above, instead of cutting out attorneys fees; they cut themselves totally out of any real settlement!

By California Personal Injury Lawyer Norman Gregory Fernandez, © 2009

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California Ban on Use of Cell Phone Without Hand Free Begins July 1, 2008! What You Need to Know about the New Law.

california car accident lawyer discusses the new ban on driving while holding cell phonesOn July 1, after a nearly two-year grace period, a new era begins in California: holding a cell phone to your ear and talking while driving will be illegal unless it is an emergency.

In most cases, you will still be able to talk-and-drive, but you will need a hands-free device to do so such as a blue tooth headset, speakerphone set up, or a wired headset.

What Exactly is the New Law?

(1) If you are 18 or older, you are prohibited from holding a phone and talking while driving.

(2) If you are 16 or 17, the only time you can use a cell phone while driving is in an emergency only.

(3) The first offense of the cell phone law will result in a $20 ticket. Subsequent citations will result in $50 tickets. However, with court costs and penalties, the true costs of these tickets will be approximately $76 and $190, respectively.

Here is something else to think about: The new laws go into effect just days before the California Highway Patrol goes on “maximum patrol” throughout the Fourth of July weekend. This means that 80% of CHP officers will have their eyes on the road, and on you and your cell phone.

If it is illegal to hold a phone while talking, how is it possible to dial it or press a button to answer the phone or take a call, even if you talk hands-free?

This is where things may get a bit dicey because the laws are silent on these issues.

The Law basically only bans talking on the cell phone without a hands free device for non emergency calls, therefore, you are allowed to touch the phone to make a call or take one, said Mike Marando, a spokesman for the state Department of Motor Vehicles. “As long as you don’t hold the phone to carry the conversation,” he added.

Will text messaging while driving in California be illegal?

Text messaging will be illegal only for 16 and 17 year-old drivers. The law silent as to adults. I strongly recommend that no one text message while driving!

Tom Marshall, a CHP spokesman, has stated that “If you are text messaging and we see it’s affecting your driving, we can still pull you over” for distracted driving.

The offense is not distracted driving or, for example, driving with a bag of French fries in your lap. What Police actually cite you for what happens as a result of being inattentive, such as impeding traffic or an improper lane change.

Will getting a ticket for talking on a cell phone result in a higher insurance rate for motorists?

No. But there is a chance that it could eventually.

Cell phone violations will not result in any points being tacked onto your driving record — insurance carriers use those points to determine if you’re a good or bad driver. But the tickets are still on your driving record.

Darrel Ng, a spokesman for the California Department of Insurance, said that in the future, carriers might apply to the state to use tickets when setting rates, although they’d likely have to prove a correlation between getting those tickets and accident rates.

What other states have similar laws, and how are those working out?

New York was the first state to institute a hand-held ban, beginning in 2001, and Connecticut and New Jersey have followed suit.

From 2001 through 2006, police in New York issued 976,725 citations to motorists for holding their phones while driving.

Even more interesting, the number of citations has increased each year, with 285,684 tickets being given in 2006, the latest year for which numbers are available.

With more than 11.3 million licensed drivers in New York, it’s probably safe to assume that an awful lot of people are not getting caught.

What are some ways to comply with the laws without spending a lot of money?

First and foremost, learn how to use the voice recognition system that comes with most cell phones. Voice recognition usually requires users to touch only one button and then say a person’s name to make a call.

Surely the much talked-about Apple iPhone, which starts at $399, comes with voice recognition?

No, it doesn’t. It is a feature you can get with a BlackBerry phone or many standard phones.

What are some other ways to go hands-free?

There is no shortage of devices out there. Here are three easy ways to be a go hands free:

(1) Buy a cheap cell phone cradle that mounts to a vehicle’s dashboard. A conversation can then be carried on using the phone’s speakerphone function. Cost: $15 and under at automotive stores.

Tip: If your vehicle’s stereo system has an auxiliary jack, you can play your phone through the vehicle’s speakers, which makes it easier to hear.

(2) Use a headset. Most phones come with an earpiece or you can easily upgrade to a wireless bluetooth headset that syncs to your phone.

Wireless bluetooth headsets typically cost between $30 and $120, and many are available.

(3) Use a wireless speaker. These mouse-sized devices can be clipped to a sun visor and are a lesser-known alternative to the wireless earpiece. Motorola and Parrot are two prominent manufacturers.

Will the new laws prevent car or other motor vehicle accidents and/or make drivers safer?

Based upon research that I have done, the experts seem to agree that most of the problem is not the act of holding the cell phone while driving, but the distraction of talking while driving. If they are right simply holding a conversation with someone in your car is as dangerous as talking on a cell phone.

As a driver who also happens to be a car accident lawyer, I beg to differ. While driving I see many people holding their phones to their heads which hinders their ability to turn their head while driving. When I am driving my car, I dread seeing other drivers talking on cell phones because I know they are not paying attention.

I am hoping the new law will prevent car accidents but only time will tell.

California Car Accident Lawyer

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Where My Law Firm Handles Personal Injury Cases In California.

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.My firm handles personal injury cases in the following cities and counties thoughout California.

Southern California, Central California, Northern California, 29 Palms, Adelanto, Agoura Hills. Alameda, Albany, Alhambra, Aliso Viejo, Alturas, Amador City, American Canyon, Anaheim, Anderson, Angels Camp, Antioch, Apple Valley, Arcadia, Arcata, Arroyo Grande, Artesia, Arvin, Atascadero, Atherton, Atwater, Auburn, Avalon, Avenal, Azusa, Bakersfield, Baldwin Park, Banning, Barstow, Beaumont, Bell, Bell Gardens, Bellflower, Belmont, Belvedere, Benicia, Berkeley, Beverly Hills, Big Bear Lake, Biggs, Bishop, Blue Lake, Blythe, Bradbury, Brawley, Brea, Brentwood, Brisbane, Buellton, Buena Park, Burbank, Burlingame, Calabasas, Calexico, California City, Calimesa, Calipatria, Calistoga, Camarillo, Canoga Park, Canyon Lake, Capitola, Carlsbad, Carmel-by-the-Sea, Carpinteria, Carson, Cathedral City, Century City, Ceres, Cerritos, Chatsworth, Chico, Chino, Chino Hills, Chowchilla, Chula Vista, Citrus Heights, Claremont, Clayton, Clearlake, Cloverdale, Clovis, Coachella, Coalinga, Colfax, Colma, Colton, Colusa, City of Commerce, Commerce, City of Industry, Compton, Concord, Corcoran, Corning, Corona, Corona Del Mar, Coronado, Corte Madera, Costa Mesa, Cotati, Covina, Crescent City, Cudahy, Culver City, Cupertino, Cypress, Daly City, Dana Point, Danville, Davis, Del Mar, Del Rey Oaks, Delano, Desert Hot Springs, Diamond Bar, Dinuba, Dixon, Dorris, Dos Palos, Downey, Duarte, Dublin, Dunsmuir, East Los Angeles, East Palo Alto, El Cajon, El Centro, El Cerrito, El Monte, El Segundo, Elk Grove, Emeryville, Encinitas, Escalon, Escondido, Etna, Eureka, Exeter, Fairfax, Fairfield, Farmersville, Ferndale, Fillmore, Firebaugh, Folsom, Fontana, Fort Bragg, Fort Jones, Fortuna, Foster City, Fountain Valley, Fowler, Fremont, Fresno, Fullerton, Galt, Garden Grove, Gardena, Gilroy, Glendale, Glendora, Goleta, Gonzales, Grand Terrace, Grass Valley, Greenfield, Gridley, Grover Beach, Guadalupe, Gustine, Half Moon Bay, Hanford, Hawaiian Gardens, Hawthorne, Hayward, Healdsburg, Hemet, Hercules, Hermosa Beach, Hesperia, Hidden Hills, Highland, Hillsborough, Hollister, Hollywood, Holtville, Hughson, Huntington Beach, Huntington Park, Huron, Imperial, Imperial Beach, Indian Wells, Indio, Industry, Inglewood, Ione, Irvine, Irwindale, Isleton, Jackson, Kerman, King City, Kingsburg, La Canada Flintridge, La Habra, La Habra Heights, La Mesa, La Mirada, La Palma, La Puente, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Elsinore, Lake Forest, Lakeport, Lakewood, Lancaster, Larkspur, Lathrop, Lawndale, Lemon Grove, Lemoore, Lincoln, Lindsay, Live Oak, Livermore, Livingston, Lodi, Loma Linda, Lomita, Lompoc, Long Beach, Loomis, Los Alamitos, Los Altos, Los Altos Hills, Los Angeles, Los Banos, Los Gatos, Loyalton, Lynwood, Madera, Malibu, Mammoth Lakes, Manhattan Beach, Manteca, Maricopa, Marina, Martinez, Marysville, Maywood, McFarland, Mendota, Menlo Park, Menifee, Merced, Mill Valley, Millbrae, Milpitas, Mission Viejo, Modesto, Monrovia, Montague, Montclair, Monte Sereno, Montebello, Monterey, Monterey Park, Moorpark, Moraga, Moreno Valley, Morgan Hill, Morro Bay, Mount Shasta, Mountain View, Murrieta, Napa, National City, Needles, Nevada City, Newark, Newman, Newport Beach, North Hills, North Hollywood, Norco, Northridge, Norwalk, Novato, Oakdale, Oakland, Oakley, Oceanside, Ojai, Ontario, Orange, Orange Cove, Orinda, Orland, Oroville, Oxnard, Pacific Grove, Pacifica, Palm Desert, Palm Springs, Palmdale, Palo Alto, Palos Verdes Estates, Paradise, Paramount, Parlier, Pasadena, Paso Robles, Patterson, Perris, Petaluma, Pico Rivera, Piedmont, Pinole, Pismo Beach, Pittsburg, Placentia, Placerville, Pleasant Hill, Pleasanton, Plymouth, Point Arena, Pomona, Port Hueneme, Porterville, Portola, Portola Valley, Poway, Rancho Cordova, Rancho Cucamonga, Rancho Mirage, Rancho Palos Verdes, Rancho Santa Margarita, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Reedley, Reseda, Rialto, Richmond, Ridgecrest, Rio Dell, Rio Vista, Ripon, Riverbank, Riverside, Rocklin, Rohnert Park, Rolling Hills, Rolling Hills Estates, Rosemead, Roseville, Ross, Sacramento, Salinas, San Anselmo, San Bernardino, San Bruno, San Buenaventura, San Carlos, San Clemente, San Diego, San Dimas, San Fernando, San Fernando Valley, San Francisco, San Gabriel, San Gabriel Valley, San Jacinto, San Joaquin, San Jose, San Juan Bautista, San Juan Capistrano, San Leandro, San Luis Obispo, San Marcos, San Marino, San Mateo, San Pablo, San Rafael, San Ramon, Sand City, Sanger, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Fe Springs, Santa Maria, Santa Monica, Santa Paula, Santa Rosa, Santee, Saratoga, Sausalito, Scotts Valley, Seal Beach, Seaside, Sebastopol, Selma, Shafter, Shasta Lake, Sierra Madre, Signal Hill, Simi Valley, Solana Beach, Soledad, Solvang, Sonoma, Sonora, South El Monte, South Gate, South Lake Tahoe, South Los Angeles, South Pasadena, South San Francisco, St. Helena, Stanton, Stockton, Studio City, Suisun City, Sunnyvale, Susanville, Sutter Creek, Taft, Tarzana, Tehachapi, Tehama, Temecula, Temple City, Thousand Oaks, Tiburon, Torrance, Tracy, Trinidad, Truckee, Tulare, Tulelake, Toluca Lake, Turlock, Tustin, Twentynine Palms, Ukiah, Union City, Upland, Vallejo, Valley Village, Van Nuys, Ventura, Vernon, Victorville, Villa Park, Visalia, Vista, Walnut, Walnut Creek, Wasco, Waterford, Watsonville, Weed, West Covina, West Hills, West Hollywood, West Sacramento, West Carson, West Los Angeles, Westlake Village, Westminster, Westmorland, Wheatland, Whittier, Williams, Willits, Willows, Windsor, Winnetka, Winters, Woodlake, Woodland, Woodland Hills, Woodside, Yorba Linda, Yountville, Yreka, Yuba City, Yucaipa, Yucca Valley, Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, and Sierra County.

California is a very big State with many different cities and counties as you can see. If you have been the victim of a personal injury in any of the above cities or counties, give me a call at 800-816-1529 for a free consultation!

By Norman Gregory Fernandez, Esq., © 2008

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Types of Personal Injury Cases We Handle In California.

The Law Offices of Norman Gregory Fernandez handles many types of personal injury cases throughout CaliforniaMy law firm handles most types of personal injury cases throughout the State of California.

We have offices in Southern California and Northern California, and can come to you to sign you up for most personal injury cases, so that you do not have to waste gas driving to our office.

We like to make things convenient for our clients.

If you have had a California Personal Injury including but not limited to: Car Accidents, Motorcycle Accidents, Dog Bites, Wrongful Death, Product Liability, Truck Accident, Brain Injury Lawyers in California, CA Motorcycle Accident Law Firm, California Seat Belt Injury Attorneys, California Food borne Illness Lawyers, Truck Accident in California, 15 Passenger Van Rollover in California, CA Auto Product Liability Law, Auto Accidents in California, California Bus Accidents, California Train Accidents, Pedestrian Accidents in California, Seatback Failure, Roof Crush, Dog Bites, Nursing Home Abuse, On-the-job Injuries in CA, California Swimming Pool Accidents, California Slip, Trip and Fall, Wrongful Death, CA Aviation Accidents, Watercraft Injury in California, Toxic Chemicals, Asbestos Poisoning, California Premises Liability, Products Liability in California, CA Failure to Warn of Dangers, California Amusement Park Accidents, California Medical Malpractice, Legal Malpractice in California, California Child Car Seat Injury, Construction Accidents, Catastrophic Injuries, Funeral Home Abuse, California Wrongful Death, give us a call now.

We are aggressive personal injury lawyers located in California. We will see to it that you get quality medical care, and work aggressively to get you the highest possible monetary compensation via settlement or by judgment at trial.
Call us 7 days per week, 24 hours per day at 800-816-1529 ext. 1.

By Norman Gregory Fernandez, Esq., © 2008

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How Much Money is Your Personal Injury Case Worth?

California Personal Injury Lawyer Norman Gregory Fernandez discusses case valuations.As a personal Injury Lawyer the number one question I get from every prospective or existing client is; how much money will I get for my personal injury case?

The actual answer to the question is that no personal injury lawyer can honestly tell you the answer to the question unless they have E.S.P. or are clairvoyant.

Not only is each case is different, but an attorney would have to be a clairvoyant to be able to predict the outcome of your case. If you do find a personal injury lawyer who promises he will get you a million dollars in a rear ender soft tissue injury case, ask him to put it in writing and then sign up with him or her! They would be contractually obligated to get you what they promised if they put their promise in writing! I know of NO Reputable Personal Injury Lawyer who would make such promises, or put such promises in writing! All we as personal injury lawyers can promise to do is our best to get you what you are entitled to. Anyway…………..

I have heard stories of some shysters out there promising the world to potential new personal injury clients, just to get them to sign up with their office. If it sounds too good to be true, it probably is! A good and reputable personal injury lawyer cannot, and will not predict the outcome of a case during an initial consultation where the damages that have been incurred are not even known yet.

With that being said a good personal injury lawyer can look at the many factors that come into play in your particular personal injury case to determine what a case may be worth with regards to settlement value. There is a huge difference between a lawyer telling you what you case may be worth without knowing your damages, and a lawyer telling you what the settlement value of your case may be after a through examination of the facts and damages in your case once they are ascertained.

Did you pick up on how I talk about settlement value? You see there is a huge difference between the settlement value of a case, and a potential jury verdict! Once a case goes before a jury, all bets are off. The value of your case is what they jury decides it is worth no matter what is argued. They can decide to not give you anything at all. Jury awards in California depend on 9 out of 12 jurors reaching a consensus on your case. Some courthouses and counties are known to be more liberal or conservative than others which is also a factor in what a jury may do. It is therefore impossible for any personal injury lawyer to predict what a jury will do with a case once they get it.

Experienced personal injury lawyers such as myself, have formulas that we use to determine what a good settlement value of a case may be both before and/or during litigation. After doing so many cases for so many years, I have a very good idea of what the settlement value of a particular case may be.

Personal injury case valuations depend on many things such as; nature and extent of injuries; medical bills; future medical bills; permanent bodily damage; out of pocket expenses, etc. Obviously a person who tries to work their own personal injury case without a lawyer has no clue what they are entitled to, and will end up getting little or nothing if they go at it on their own.

So going back to the original question; what is your personal injury case worth? The answer is that it all depends! Your first step should be to retain a competent personal injury lawyer and then go from there.

If you, your family, or your friends have been injured anywhere in the State of California, you may call my office for a free consultation at 800-816-1529.

By Norman Gregory Fernandez, Esq., © 2007

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California is Cracking Down on Uninsured Motorist! How Being Uninsured Hurts your Personal Injury Case.

California Car Accident Lawyer Norman Gregory Fernandez discusses the harsh penalties in California for driving with no insuranceBig brother is not playing games anymore. The State of California has implemented a system whereby as of October 1, 2006, the DMV begin a systematic review of the 22.4 million private cars, light trucks and motorcycles registered in the state.

If your motorcycle, car, truck or other motor vehicle is found to be uninsured you will get a 30 day warning letter. If you fail to get insurance after that the State will suspend you registration. If you are found to be driving without a proper registration, your car can be seized by the State, and you can face fines of up to $1,000.00.

This is no joke folks. If you are driving around without insurance you will eventually be dinged.

Furthermore, insurance providers are now required by the State to notify the DMV if your insurance is cancelled or expired.

What does this mean to you? It means if you are driving around with no insurance you are screwed. The State will eventually catch up to you. The days of buying insurance to get your registration and plates, only to cancel one month later are over.

If you get into a motorcycle, car or other motor vehicle accident and have no insurance, you face losing your drivers license for up to a year, fines of up to $2,000.00, and the possibility of being hit with a civil judgment which requires you to pay for the damage you have caused.

The minimum liability insurance requirements in the State are presently $10,000.00 for property damage, $15,000.00 per person, and $30,000.00 per occurrence.

The purpose of the law is to supposedly make it fair to the people that do pay for insurance, and to drive down insurance rates. I agree that it is not fair that law abiding citizens pay for insurance while 15% of the people in the State do not, however, and as usual, the insurance companies will make out like bandits with this new law. I doubt seriously that insurance rates will go down.

As a personal injury lawyer I can tell you that it pains me to see someone get hit by an uninsured motorist so it is good that the State is cracking down on this issue. However to be really fair the State should force the insurance companies to lower their rates in return for this law.

There is one other thing to note; if you are uninsured and you get into an accident that is not your fault, no will only be able to recover out of pocket losses and that is it! You will legally not be able to get compensation for pain and suffering, loss of enjoyment of life, and emotional distress, otherwise known as General Damages!

To add insult to injury you could lose your drivers license for 1 year and have to pay up to $2,000.00 in fines for driving without insurance.

The bottom line; get liability insurance. The cost of not having insurance is much greater than the cost of getting insurance. If you cannot afford liability insurance; do not drive!

By Norman Gregory Fernandez, Esq. © 2007

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Car, Motorcycle, Truck, and other Motor Vehicle Cases in California; The Burden of Proof.

California Car Accident Lawyer Norman Gregory Fernandez discusses car, motorycle, truck, and other motor vehicle accidentsI get many calls from many victims of Car, Motorcycle, Truck, and other Motor Vehicle accidents. The vast majority of drivers in California will eventually get into some kind of motor vehicle accident in their lifetime, whether it be a small fender bender or a major accident. What most non lawyers do not know is there is a vast and complicated process of obtaining maximum monetary compensation for your accident. I have written many articles on why it is so important for you to retain a lawyer just as soon as possible if you are in a car, motorcycle, truck, or other motor vehicle accident. You can read them on this blog and on my personal injury website by clicking here. The purpose of this article is to discuss the burden of proof in motor vehicle accidents. Most non lawyers think; “oh I was rear ended; I will automatically get money,” etc. This is not the case, and this is why it is so important for you to retain a lawyer for your case!

(1) Liability; who is at fault in your car, motorcycle, truck, or other motor vehicle accident in the State of California?

This is the first major issue that needs to be addressed to obtain compensation in a motor vehicle accident in California. It boils down to who is at fault in an accident. You need to be able to prove by a preponderance of the evidence that the defendant as at fault in your case. Just because you are not at fault in an accident does not mean you will collect money, or the just compensation that you are entitled to!

Furthermore, in the State of California, we have what is called comparative fault. What this means is that a jury can apportion a percentage of fault to each person in a case. As a plaintiff in a car, motorcycle, truck, or other motor vehicle accident you will need to show that a defendant is more than 50% at fault or liable.

(2) Damages; Special and general damages. Damages must be reasonable, reasonably ascertainable, and a plaintiff has a duty to mitigate damages. Damages must be proven by a preponderance of the evidence.

Although liability is the key to getting a settlement or judgment in a car, motorcycle, truck, or other motor vehicle accident in California, damages will determine how much compensation you will receive in a case.

Special damages are out of pocket losses and expenses that result from an accident. General damages are non out of pocket losses such as pain and suffering, loss of enjoyment of life, emotional distress, etc.

In order to obtain a just settlement or judgment in a car, motorcycle, truck, or other motor vehicle accident, liability and damages must be proven by a preponderance of the evidence. There are other issues such as Proposition 213 in the State of California that restrict non insured motorist from obtaining general damages in a motor vehicle accident.

I have seen too many instances of victims of motor vehicle negligence call me up after they have damaged their case by trying to do it themselves. There is a saying, only a fool has himself for a client. The insurance adjusters know that if you are calling them on the phone without legal representation that they are dealing with someone who has no clue what they are entitled to or how to prove it.

Do yourself a favor; if you have had any type of motor vehicle accident anywhere in California, give us a call at 800-816-1529, we will give you a free consultation.

By Norman Gregory Fernandez, Esq., © 2007

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California Minimum Insurance Requirements.

Pursuant to California State Law, (Proposition 213) you must have minimum liability insurance coverage of $10,000 Property Damage, $15,000 bodily injury per person, and $30,000 per incident while you are driving on California Roads.

If you do not have minimum liability insurance coverage, you will NOT BE ENTITLED TO GENERAL DAMAGES (pain & suffering, emotional distress, loss of enjoyment of life, etc.), and you may lose your drivers license, and a fine. Even if the accident was not your fault!

Most personal injury attorneys will not represent you on a contingency basis unless you had liability insurance at the time of accident, because the value of your case is limited to out of pocket losses only such as: Property Damage, Medical Expenses, Medication Expenses, Loss of Wages, etc.

Beware, recent changes in the law now require your insurance company to notify the Department of Motor Vehicles if your insurance is terminated. If your insurance is terminated your registration can be revoked, you can lose your drivers license, and face substantial fines.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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Car, Motorcycle, and Other Motor Vehicle Insurance; Comprehensive and Collision Coverage

Norman Gregory Fernandez, Esq.Comprehensive and Collision coverage on your car, motorcycle, or other motor vehicle will cover the damage to your car, motorcycle, or other motor vehicle if you are in an accident that is your fault up to the “Fair Market Value,” of your vehicle. It will also cover your vehicle up to Fair Market Value if it is stolen.

Some Comprehensive and Collision coverage’s will cover damage to your car, motorcycle, or other motor vehicle even if the accident was not your fault.

If the cost of repairing your vehicle exceeds the Fair Markey Value of your vehicle, than the insurance company will consider your car, motorcycle, or other motor vehicle to be a “total loss,” and only pay you Fair Market Value for your car, motorcycle, or other motor vehicle.

Now what is Fair Market Value? Fair Market Value is the amount of money that your vehicle is actually worth on the street. Many people confuse this issue. You may have paid $20,000.00 for your car, motorcycle, or other motor vehicle, and you may owe $15,000.00 on you car, motorcycle, or other motor vehicle, however, once you drive the car, motorcycle, or other motor vehicle off of the dealers lot, it automatically decreases in value. Although you have paid the above amount for your car, motorcycle, or other motor vehicle, and you may owe the above amount for your car, motorcycle, or other motor vehicle, the Fair Market Value of you car, motorcycle, or other motor vehicle may only be $10,000.00!

Insurance companies value your car, motorcycle, or other motor vehicle on many factors which include but are not limited to: Year, Make, Model, Mileage, Condition, what identical or similar car, motorcycle, or other motor vehicles are selling for in your area, etc.

Many times people find out the hard way when their car, motorcycle, or other motor vehicle is totaled or the repair cost exceed the Fair Market Value of the car, motorcycle, or other motor vehicle, that the amount you receive from the insurance company is way below the amount owed on the car, motorcycle, or other motor vehicle. In today’s market where new new vehicle’s average $25,000.00 or more this situation is not uncommon, especially when the cost of repairing simple fender and paint damage may exceed $5,000.00.

I recommend that you always purchase Comprehensive and Collision Insurance. Without this type of coverage, you will get nothing for your property damage if the accident is your fault, and/or you will be at the mercy of the other drivers insurance company if you are not at fault. Check with your insurance company and read your policy for any limitations of coverage.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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A call for Legislation to Protect Passengers of Mass Transit! The discrimination must End.

Norman Gregory Fernandez discusses the problem with mass transit.I have done many cases against various governmental operators of Mass Transit systems, and I have currently have cases going right now.

Problem #1; no buses or trains that I know of, have seatbelts to protect passengers who are riding in them. Airplanes do have such safety devices. Secondly, most buses and transit trains have metal rails or poles for people to grap onto both in front of the seats and in the aisles.

What happens when the bus or train has an accident? Everyone goes flying, and many people suffer catastrophic injuries, especially when they hit the metal poles on the seats and aisles.

Why are seatbelts required in cars but not on public transit buses or trains? It does not make sense to me.

I am making a public call for legislation that will require all public buses, trains, and school buses to have seat belts to protect passengers.

Problem #2; Riders of buses and trains that are involved in accidents that are not caused by the bus driver or train, are not covered by the mass transit system if the accident was caused by an uninsured motorist, or if the motorist that causes the accident does not have enough insurance to cover the loss to all passengers.

Imagine it; you are on a bus that flips over because an uninsured or underinsured motorist runs a red light. You basically have no real way to be compensated for your losses because the bus was not at fault, and the driver who was at fault was either uninsured, or underinsured, and there is not enough money to cover everyone’s losses.

This type of thing happens all the time to riders of mass transit.

Owners of vehicles can buy all types of insurance to cover themselves in case they are hit by an uninsured motorist, or underinsured motorist. I think it is high time the mass transit systems be required to maintain appropriate insurance, so that their riders are insured in the event of a bus or train accident being caused by an uninsured or underinsured motorist.

As it stands right now, passengers of mass transit are at the mercy of the road, and have no legal means to protect themselves if an accident is caused by someone other than the transit system. I feel that it is discriminatory to the riders of mass transit, not to provide them with appropriate legal protection and insurance in the case of accidents which are not the fault of the transit system.

I hope that the California State Legislators hear my call for mandatory seatbelts, and mandatory insurance for mass transit riders.

By Norman Gregory Fernandez, Esq., © 2007

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Another Big Insurance Company Scam Revealed; Check your Policy!

Stranded MotoristYou are an average driver a great driver, or even a not so great of a driver, you purchase car, motorcycle, or other motor vehicle insurance to cover your car, motorcycle, or other motor vehicle in case you are in an accident; you buy uninsured motorist coverage to cover you in case you are hit by an uninsured motorist or a hit and run driver.

You have no fear because you have purchased insurance from one of the big name insurance companies, and you have been with them for many years. You figure that since you have full coverage and that you have been a dedicated and loyal customer for many years, that the big name insurance company will take care of you if you have an accident.

Suddenly one day, you are hit by a driver who runs from the scene of the accident. You are now the victim of a hit and run driver. It may have happened so fast that you were not able to get a license plate number, or be able to identify make or model of the car that hit you. In a worst case scenario, you may suffer injuries that rendered you unconscious or so injured that made it impossible to identify the car that hit you. Your car is totaled, you are injured, and you cannot work.

You then call your insurance company to report the claim, and to seek compensation under your uninsured motorist policy.

Your big name insurance company that has readily accepted your premium payments for many years then tells you “sorry we cannot cover your loss because you do not have a license plate number of the person that hit you, or their driver’s license number.” You have just basically been scammed by your big name insurance company.

They tell you “sorry if you look at the fine print in your policy on page so and so, it states that we will not cover you unless you can identify the car or driver that hit you.” You tell them that it happened so fast it was impossible to get their plate because they ran, or you tell them that you were unconscious and unable to get their information. You tell them that your insurance agent specifically told you that you would be covered for such a loss. They tell you sorry Charley, (you are shit out of luck) your policy does not cover you.

As a personal injury lawyer, I am so sick of this scam, especially from huge insurance companies that are raking in billions of dollars in profits each year, that I finally had to expose the scam, and in some cases the fraud. This article will not win me brownie points from the insurance companies that I regularly go up against, and I could care less. They know who I am, and I know who they are.

I am hereby calling on all the readers of my Blog to call their insurance companies to see if they are covered under their uninsured motorist policy, if a hit and run driver hits them and they are unable to identity the car or person that hit them. If they say no, simply go to an insurance company that will cover you. The risk of harm substantially outweighs the benefit of taking a chance. That is why you buy insurance in the first place.

You would be shocked by the fact that the top names in the insurance industry routinely deny coverage under such circumstances. They force you to prove that you were hit by an uninsured motorist. How can you do this if the person that hit you ran from the accident before you could identify them? You can’t.

There are many what I would call reputable insurance companies that will cover you under such a circumstance. I submit to you that you are better off taking your money to an insurance company that does not play the hit and run driver scam to deny you coverage.

I am not going to identify the insurance companies that play the hit and run driver scam in this article, nor the ones that don’t, for liability reasons. In a future article, I will give my opinion of the top 3 insurance companies for helping their clients, and the 3 absolute worst. As a personal injury lawyer I know which companies are good and which ones are not. I personally do not play games with the insurance companies. It they do not pay my clients what they are entitled to, I either sue or demand arbitration for my client’s. In worst case scenarios, I will sue for insurance bad faith, fraud, and other potential causes of action.

The idea of insurance is to protect you in case something happens. The last thing you need, is to find out that you have been paying premiums loyally for 20 years only to find out that the insurance company only cares about one thing; profits. They will pay you nothing, or as little as possible, so that their profits are as high as possible, by denying you coverage whenever they can, or forcing you to fight them to get you what you are legally entitled to.

As a personal injury lawyer, I can tell you now; without a competent personal injury lawyer fighting for you to get you what you are entitled to, you will absolutely never get what you are entitled to, even though you may think otherwise. The insurance companies look at unrepresented claimants as fish waiting to be fried.

Unless you are a lawyer, you really have no clue what your legal rights are when you are involved in a motor vehicle accident. That is why we personal injury lawyers exist, and that is why you would be a fool not to retain a personal injury lawyer to help you through this complex area of the law.

If you are located anywhere in the State of California and you have had a car, motorcycle, truck, or other type of motor vehicle accident, you may give me a call at 818-584-8831 for a free consultation, or go to my personal injury website at www.thepersonalinjury.com. I do not play games with the insurance companies. They will either pay on cases that I accept, or be hailed into Court; it’s their choice.

By Norman Gregory Fernandez, Esq., © 2007

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When a Personal Injury Exacerbates a Pre-Existing Medical Condition; The “Egg Shell Skull” Theory.

California Personal Injury Lawyer Norman Gregory Fernandez discusses egg shell skull theory.Many people live their lives with pre-existing medical conditions such as: Bad knees; degenerative conditions in the back, previous broken bones that have healed, etc.

Are you entitled to recover for damages in a personal injury accident when a pre-existing medical condition is exacerbated? Yes!

The Egg Shell Skull Theory

The Egg Shell Skull Theory goes something like this. Let’s say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car accident that is not his fault. His skull being as thin as an egg shell shatters into a million pieces so that all of the king’s horses and all of the king’s men could not put his head together again. Can Humpty Dumpty recover for his injuries considering the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes!

The law of personal injury in a nutshell (not to be confused with egg shell) makes persons who are negligent, liable for injuries that they cause that are reasonably foreseeable. The case law on the subject has concluded that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent person must take the injured person as they find them. Hence Humpty Dumpty is entitled to a recovery eventhough is head is as thin as an egg shell.

Pre-Existing Conditions

I do many personal injury cases where a person suffers an injury due to the negligence of another, and the injury is actually diagnosed as a condition that existed prior to the accident, but was exacerbated or became symptomatic after the injury accident.

Many people who have pre-existing conditions learn to live with their conditions, are pain free notwithstanding their conditions, or have minimal discomfort due to their conditions. Some may even have a large amount of pain or loss of mobility due to their conditions.

These people are entitled to recover for their losses just like anyone else who is injured in a Personal Injury accident that is not their fault. Crafty insurance company adjusters and insurance company lawyers will try to limit their liability by claiming that the injured person was not injured at all in an accident, and that they had a pre-existing medical condition which cuts off or limits their liability.

Some persons with pre-existing medical conditions may not even seek legal advice or retain a lawyer after they are injured, because they figure that they already had the condition before the accident in the first place. This is a huge mistake.

The bottom line is that any person who is injured due to the negligence of another, and who has a pre-existing medical condition, is entitled to recover compensatory damages that were caused by the accident. If a pre-existing medical condition or disability is made worse or symptomatic as a result of the accident you are entitled to recover.

It takes a good personal injury lawyer, who knows the law to get you what you are entitled to.

If you have suffered a personal injury, you can check out my personal injury website by clicking here, for valuable information on these types of cases.

If you would like a free consultation on your California personal injury case you may call me at 818-584-8831, go to my website at www.thepersonalinjury.com and click on the Free Case Evaluation Link, or you may email me at law@norman-law.com. I will tell you for free what I think of your case, and whether I can help you.

By Norman Gregory Fernandez, Esq., © 2007

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You may have a Black Box Data Recorder in your Car and Not Even Know it.

California Personal Injury Lawyer Attorney Norman Gregory Fernandez EditorialI am sure that many of you have heard the term “Black Box” data recorders which are usually associated with airplanes and airplane accidents.

Did you know that many manufacturers are now installing Black Box Data Recorders in Cars? probably not. Black Box data recorders have been put into cars for years now and nobody knows it, or it has been kept very low key; now you know.

Black Box data recorders in cars can give data such as speed at the time of an accident, gear position, braking position, direction of car, whether seatbelts were being worn, etc.

Obviously this type of data is huge for personal injury lawyers such as me. It can help get around the he said, she said, arguments for who as at fault in an auto accident, and get right to the root of actual fault. Many Personal Injury lawyers do not even know about Black Boxes being installed in cars.

There is one dilemma when it comes to Black Boxes in cars; your right to privacy is out the window. It can be predicted in the future that GPS enabled black boxes will allow Big Brother to track your movements, and potentially even disable your car.

You can read a couple of stories about Black Boxes in cars by clicking here, and by clicking here.

Technology can be good and bad. In the hands of the wrong people, it can be used to usurp the freedoms we so love in the United States. I say cast a weary eye on anyone who wants to use fear as a motive to get us as Americans to give up the freedoms that generations of us have fought and died for.

The least the car companies could do is to let us know if a Black Box is installed in our car, and to let us know what its capabilities are. As a matter of fact I think it should be legally mandated that we as consumers be notified by car manufactures if a Black Box is installed in our car.

Like I said above, the technology can be good, and it can be bad if misused by those who would seek to take our freedoms and right to privacy away. Let us have the choice.

By Norman Gregory Fernandez, Esq., © 2007

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