Category Archives: Train Accidents

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

Written on July 25, 2007 by in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Products Liability, Train Accidents, Truck Accidents, Wrongful Death

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

Share
0 Comments - Leave a comment!
Tags: ,

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

Written on July 21, 2007 by in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Other Motor Vehicle Accidents, Personal Injury, Train Accidents, Truck Accidents, Wrongful Death

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

Share
0 Comments - Leave a comment!
Tags:
Newer Posts »