Do you have the appropriate amount of automobile insurance available to cover you in the event of an auto accident?

California automobile insurance laws require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another in the event that you cause an accident and are found to be liable to that person for damages.

The minimum amount of coverage required by California law is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is determine all possible insurance coverage that is applicable. There are two categories of auto insurance: first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or in another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Continue reading "Appropriate San Diego Auto Insurance ~" »

The following is a re-print of a guest blog from www.accidents.com.

In today's society, everyone says and does the same things they always have - but now they post it on blogs, social media sites, video sharing sites, and personal websites. Facebook has been used in many court cases - lawyers want to retrieve all types of personal information such as a user's profile, photographs, and status updates. Facebook's Terms of Service explicitly state, "the website is available for your personal, noncommercial use only." However, this doesn't mean police, potential employers, college administrators, and defending accident lawyers can't use it for research and investigations. In fact, Facebook spokespeople have made this known in public forums and discussion areas - all information on the site should be presumed available to the general public.

Here's the article your accident lawyer hopes you read - it details the necessary steps you can take to protect your social media presence during a trial.

1) Suspend your Facebook and Twitter accounts - Although this is the easiest way to help prevent information from being used against you, some may not feel comfortable getting rid of it completely.

2) Double-check your preferences - Facebook's default privacy settings allow people who live in your area or network to see your information, even if you're not friends. Change this right away.

3) Monitor photos - Keep a close eye on photos that you post or are tagged in. If you feel any of these could incriminate you, untag yourself or ask the person who posted it to delete it right away.

4) Watch what friends post - Monitor what's being posted on your wall to make sure nothing will contradict the claims you're making or could be misinterpreted.

5) Take care when posting status updates - Even something as little as a smiley face can be taken the wrong way and used against you.

Continue reading "Using Facebook During A Personal Injury Case ~ " »

Do you have appropriate automobile insurance available to cover you in the event of an automobile accident?

Automobile insurance laws in California require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another person in the event that you cause an accident and are found to be liable to that person for damages. The minimum amount of coverage required by law in California is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is investigate all possible insurance coverage that is applicable. There are two categories of auto insurance -- first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Continue reading "Do You Have Appropriate Automobile Insurance Coverage?" »

Have you or a loved one been seriously injured or killed in an automobile accident in Imperial County? If so, you should consult with an experienced El Centro personal injury lawyer to find out what your legal rights are and what your next step should be.
Imperial County personal injury attorney Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing An El Centro-Imperial Valley Injury Attorney

After an automobile crash or any other event involving serious injury or the wrongful death of a loved one, it is extremely important to work with a law firm that specializes in personal injury. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to innocent victims. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious automobile accident or wrongful death case are very specific. Our El Centro personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

The Highway Loss Data Institute reports that a recent study determind that texting-related crashes did not decrease in those states which passed laws banning texting while driving. Rather, the texting bans were found to be associated with an increase in the number of insurance claims filed for collision damage in vehicle crashes.

The HLDI study compared collision claim rates in the months before & after texting while driving was banned in Washington, California, Louisiana, and Minnesota with the claim rates in nearby states that don't currently have texting laws. A previous HLDI study uncovered similar results for bans on driving while talking on a hand-held cell phone.

This evidence may indicate that texting laws are ineffective, and that other measures to decrease texting while driving should be explored.

Texting While Driving & Accidents

Texting and driving is not only dangerous, it's against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on handheld cell phones while driving. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.
The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. It would be great to see ALL states implement a ban on texting while driving. Many lives would hopefully be saved and many auto accidents would probably be prevented.

Sources: Insurance Institute For Highway Safety, Highway Loss Data Institute

Continue reading "Prohibition Of Texting While Driving Has Not Reduced Crashes ~" »

Sheriff's officials have reported that a 73-year-old man suffered an apparent heart attack while driving, and crashed into a tree on Center Drive in San Marcos this past Saturday afternoon at approximately 5:10 p.m. The crash took place near the intersection of Avenida Ricardo.

The driver, identified by the Sheriff's Department as Richard Rigsby, was transported by paramedics to a local hospital, where he passed away at about 5:40 p.m.

His 78-year-old female passenger was hospitalized with chest pains. Fortunately, no other vehicles were involved in the accident.

Accident Liability Due To Unforeseen Health Issue ~

This incident raises an interesting question as to whether or not the driver would be liable for the injuries to his passenger. The answer is that he would not be liable, unless he had a history of heart attacks or other health problems which would potentially cause him to lose control of his vehicle.

Otherwise, if this heart attack was the first ever suffered by the driver, then the passenger would not have a valid claim against the driver and his automobile insurance carrier, because the occurrence of a heart attack is not reasonably foreseeable or anticipated.

Sources: Sign-On San Diego;

Continue reading "San Marcos Motorist Suffers Heart Attack While Driving ~" »

Proper insurance coverage is very important for you to have, in order to protect you and your loved ones. Liability coverage is used in situations where you cause someone else's injury, and the amount you should have depends on your assets. Uninsured motorist/underinsured motorist coverage protects you when another person causes a vehicle accident and is uninsured.

If you have significant assets (i.e., you own your own home, etc.), then you need to purchase higher automobile liability coverage (we recommend at least $300,000 or $500,000 minimum). If you can afford the additional expense, you should consider a $1,000,000 liability policy, together with an umbrella policy on top of that. If you only have a small liability policy, there is a likelihood that the injured person will come after you personally to obtain your assets.

if you have no assets, then the amount of liability coverage does not need to be high.

Uninsured & Underinsured Motorist Coverage

Uninsured Motorist coverage (UM) covers you in the event an uninsured motorist causes an accident.

Underinsured motorist coverage (UIM) covers you in situations where you may suffer serious injuries, but are struck with somebody with a small policy (i.e., $15,000). If you have sufficiently high underinsured motorist policy limits, then the person who caused the accident will pay the $15,000.00 limit of their policy and then you will be able to get full value for your damages and injuries from your own insurance company to the full extent of the amount of your underinsured motorist policy. For example, if you have a $500,000 underinsured motorist policy to protect you and your loved ones and you are struck by a motorist with a $15,000 policy, then in California, you will be entitled to receive the difference: $485,000.00, or in other states, you will be able to receive the entire $515,000.

The same scenario applies to situations where you are struck with someone with no insurance. Now we all know that people have to have automobile insurance, but many people for various reasons do not. Therefore, you can buy coverage called UM coverage that will protect you in the event you are struck by somebody with no insurance. An example of the way that would work is you or a loved one in your family sustains serious injuries when you are at a dead stop and are hit by somebody with no insurance. If you have sufficiently high UM coverage, then you will make your claim directly with your own insurance company to the full extent of the amount of your UM policy. Again, we recommend that you have at least $500,000.00 UM coverage and if you can afford it, you should buy a $1,000,000.00 policy together with an umbrella, if companies will write that coverage for you. This way you will be fully protected in the event that you are injured by somebody with no insurance.

I also urge all of you to talk to your insurance brokers to find out how much the additional costs are for raising your UM or UIM coverages. I think you will find that most people's experience will show that the additional cost is minimal for example to raise your UM or UIM insurance from $50,000.00 to $500,000.00 will be less than $100.00 per year as an average. Of course, each company's rates are different and your own insurance broker will be able to give you an accurate quote. This is not a coverage that insurance companies like to write, and your own broker or agent probably will not tell you about it. You have to be proactive to make sure that you get the coverage that you need.

In conclusion, I urge each and every one of you to review your auto insurance policy to see how much UM and UIM coverage you have. If your coverages are not sufficiently high, I urge you to call your insurance broker or insurance agent to raise your UM and UIM limits to a minimum of $500,000.00.

Continue reading "How To Protect Yourself & Your Loved Ones With Proper Insurance Coverage ~" »

Have you been injured in an automobile accident or personal injury incident, but don't have health insurance or state assistance to pay for your medical treatment? Some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of your medical bills incurred due to an accident. If you have a personal injury attorney representing you, then he/she can sign a medical lien on your behalf, so that you can receive the approproriate care and treatment.

A medical lien is a formal written agreement (promise) between a patient and medical care provider. The doctor agrees to perform necessary medical treatments in return for a guarantee by the injured patient that he/she will pay the doctor's bills from the personal injury settlement.

It is your duty to receive proper health care to ensure that your injuries do not worsen. If your injuries get worse due to your own neglect, then YOU will be held responsible for the worsening of your injuries, and not the person who caused the injuries. Therefore, it is essential that you seek prompt medical treatment in the aftermath of an incident caused by the negligence of another.

If you do not yet have an attorney and are unsure as to what you should do, then your best bet is to contact a personal injury attorney to discuss your options. The attorney can best advise you as to how to proceed with your claim and assist you with obtaining appropriate medical care and treatment.

Continue reading "Receiving California Medical Care On A Lien ~" »

Have you or a loved one been the victim of a dog bite attack in San Diego or El Centro?
May 16th through May 22nd is National Dog Bite Prevention Week.

Experiencing a vicious dog bite attack can be an extremely traumatic experience which may cause severe and long-lasting injuries.

What Should You Do After A Dog Bite Attack?

Seek medical treatment promptly. A dog bite may pose a serious risk of infection. Therefore, contact a doctor immediately for treatment. If the bite is serious and you or a loved one are in immediate medical distress, call an ambulance or go to an emergency room or urgent care facility as quickly as possible.

Identify the dog that bit you. Identify the dog that attacked you and determine how the dog owner can be located. The dog owner is the responsible party in a dog bite situation, and the dog owner's home insurance company is usually the entity that will pay for a dog bite injury.

Report the dog bite attack. Report the dog bite attack to your local county animal control agency or sheriff's department. Provide them with information about the dog, including the owner's name and address. If the dog is a stray, describe the appearance of the dog and the location of the attack.

Take photos of the dog bite injuries. Take photographs of all visible injuries, including lacerations and wounds. Also, take photos of any torn or bloody clothing. If possible, take photographs of the dog itself and where the bite occurred.

Continue reading "Dog Bite Prevention Week ~ San Diego & El Centro" »

Are you a motorcycle rider? Do you own a Harley-Davidson motorcycle?

In December 2009, Harley-Davidson issued a recall for more than 111,000 family touring motorcycles because of fuel tanks that could leak or catch fire after a crash. The Harley-Davidson motorcycle recall affects 22 different models of 2009 and 2010 Harley-Davidson Touring, CVO and Trike motorcycles manufactured between June 2008 and November 2009.

As it so happens, last year I purchased one of these beautiful motorcycles that is now the subject of this recall. I'm hoping the problem won't be that difficult to repair and I'll be out on the road again soon, now that spring is here in San Diego.

Please be safe when driving your motorcycle. Be aware that human factors experts will tell you that human/driver reactions are based primarily on expectations. Unfortunately for motorcycle riders, a large percentage of drivers of motor vehicles do not expect to, and therefore do not, see motorcycles. Motorcycle riders should ride with the mindset that they are invisible.

A very large percentage of motorcycle accidents occur when unaware drivers simply do not perceive the approaching motorcycle and pull into its path. Vigilance and awareness are key. I have handled numerous motorcycle accident serious injury cases over the years, and have obtained the best possible results for my clients.

Continue reading "Harley-Davidson Motorcycle Recalls & Avoiding Serious Injury" »

If you are involved in a personal injury accident due to the fault of another, you will need to file a claim with the third party's insurance carrier (be it automobile insurance, homeowners insurance, business insurance, or umbrella insurance) to be compensated for your injuries, pain & suffering, emotional distress, loss of earnings, etc. Retaining an experienced personal injury attorney to handle your claim is the best way to go, because the attorney will maximize the value of your case, and ultimately obtain more money for you than you could on your own.

The attorney you choose should have years of successful experience dealing with insurance companies, and should also be an aggressive trial attorney with a proven history of good verdicts. The insurance companies maintain databases on the qualifications, settlement histories, and verdict histories of attorneys, so hiring an experienced personal injury trial attorney is KEY to recovering the maximum amount of money possible to compensate the injured person.

Unfortunately, insurance companies are looking to SAVE money! They are in the business to collect premiums and make a profit. One way profits increase is by settling claims for low dollar amounts. Insurance adjusters do not have a responsibility to look out for your best interest, and they have NO legal obligation to you! In fact, they are evaluated on how much they can minimize the value of your claim. If the insurance company can get you to take less than you deserve, they make a bigger profit.

Most insurance companies will actively try to discourage you from getting a lawyer. That's because the insurance company's own statistics reveal that individuals who hire attorneys to handle their claims generally recover two to three times more money than those who don't use a lawyer. This means, even including attorney's fees, the consumer ultimately recovers more.

Many insurance companies have a policy to make contact with the claimant within 24 to 48 hours post-injury. This is to ensure that you do not have the opportunity to seek a lawyer prior to speaking to the adjuster. The insurance company is in a hurry to reach you to protect THEIR own financial interests, NOT to give you assistance.

Don't sign ANYTHING from the insurance company, NOR give a recorded statement, without first consulting an attorney. If you do, you could be giving up your legal rights to future medical expenses, lost past and future earnings, pain and suffering damages, and other additional recovery.

Continue reading "Dealing With Insurance Companies After You've Been Injured In San Diego" »

Unfortunately, we've experienced another fatality crash on Interstate 5 in coastal north San Diego County near Camp Pendleton.  27-year-old Oscar Manuel Lopez Flores, a passenger in the back seat of a Ford Explorer, was thrown from the Ford Explorer when it was rear-ended by a Chevry Camaro in a southbound lane near Cristianitos Road at about midnight on April 5th.

The victim's son was also ejected while the SUV rolled, according to authorities. The boy was airlifted to Rady Children's Hospital in San Diego.

Continue reading "San Diego I-5 SUV Fatality Crash On April 5th" »

Image is everything when it comes to insurance, because the image so carefully created by insurance companies has nothing to do with the reality of who they really are and what they do. They are simply nothing more than heartless, greed-driven corporations that have no concern whatsoever for anything but their bottom line profit.

Allstate (the "ARE YOU IN GOOD HANDS?" folks) ranks as THE worst insurance company for consumers, according to a comprehensive nationwide investigation of thousands of legal documents and financial filings.

The rankings reveal a distinct pattern of insurance industry greed among ten companies that refuse to pay valid claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits. According to the CEO for the American Association Of Justice: "While Allstate publicly touts its "good hands" approach, it has instead privately instructed its agents to employ a "boxing gloves" strategy against its policyholders ... Allstate ducks, bobs and weaves to avoid paying claims to increase its profits."

Allstate (NYSE: ALL) has set the standard for insurance company greed and placing profits over policyholders. Allstate contracted with consulting giant McKinsey & Company in the mid-1990s to systematically force consumers into accepting low-ball claims or face its "boxing gloves," which is an aggressive strategy designed to deny claims at any cost. An Allstate employee reported that supervisors told agents to lie and blame fires on arson, such that they were rewarded with portable refrigerators. Thousands of court documents, testimony, materials uncovered from litigation and discovery, complaints filed with state insurance departments, SEC and FBI records, and news accounts were reviewed to compile the rankings and statistics.

The rest of the worst insurance company rankings are as follows:

Continue reading "Insurance Claims Denials & Bad Faith ~ 10 Worst American Insurance Companies" »