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CAR ACCIDENT LAW

THE DEFINIT IVE GUIDE TO CALIFORNIA

Introduction

Tips for Dealing with Insurance Companies

Common Mistakes to Avoid

Introduction to California Car Accident Law

Introduction to California Car Accident Procedure

Introduction to California Car Insurance Law

Calculating the Value of Your Case

How a Personal Injury Attorney Can Help

Why Choose Sevey, Donahue & Talcott

Table of Contents

The Definitive Guide to California Car Accident Law

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The information you obtain in this document

is not, nor is it intended to be, legal advice.

You should consult with an attorney for

individual advice regarding your own situation.

Sevey, Donahue & Talcott, L.L.P.

990 Reserve Drive, Suite 105

Roseville, CA 95678

916-788-7100

www.seveydonahuetalcott.com

California is the most populated state in the United States. Almost

40,000,000 people call California home. Nearly two-thirds of those

40,000,000 people are licensed to drive one of the nearly 30,000,000

vehicles that are registered in this state. This means that at any given

time, there are literally millions and millions of drivers on the nearly

400,000 miles of roadway in the State of California.

All those drivers and all those vehicles mean that there are bound to be

accidents. In 2013 (the last year for which statistics are available) there

were 2853 fatal vehicle collisions that killed 3104 people. In addition,

there were 156,909 non-fatal collisions that injured 223,128 people.

Finally, there were 224,078 collisions that resulted in property damage

that cost $678,000,000.

These statistics are the reason we wrote this guide.

Why Did We Write This Guide?

Introduction

Who Is This Guide For?

If you live in the State of California, chances are good that you will be

involved in at least one car accident at some point in your life. In fact,

auto insurance industry statistics show that the average driver is

involved in an accident approximately once every 17 years. This means

that if you were licensed to drive at age 16, you will probably be in three

to four car accidents over the course of your life.

When you’re faced with these kinds of odds, it’s important that you

understand how California car accident law works. That’s why this guide

is for anyone who has been injured in a car accident, but is unsure of

how the law acts to protect their interests. It is also for anyone who

wants to be prepared to take the steps necessary to protect their

interests should they suffer injury and/or property damage in a future

accident.

1

The guide is divided into sections. Each section takes on a different

feature of California car accident law. Feel free to browse through the

sections. However, to get the most out of this guide, we recommend that

you start at the beginning and read each separate section in the order

presented.

Please remember that this guide is not designed to answer every

question you may have. It is also not intended as a substitute for

competent legal advice and experience. While California car accident

law remains the same, every vehicle collision is different.

If you’ve been involved in an accident and have questions about how

you should proceed in order to protect your rights, you need to talk to a

California attorney who is experienced in car accident law.

How Should You Use This Guide?

Introduction

2

When you’ve been in a car accident, life instantly gets a lot more

complicated. First, you’re potentially dealing with injuries caused by the

accident. You’re in pain. You probably have limited mobility and are

having a hard time doing even the simplest things.

You’re also dealing with the property damage that occurred as a result

of the accident. Your car is damaged and may not be drivable. It needs

repairs. In some cases, it may need replacement. In the meantime, you

have to scramble to find alternative transportation. It’s a real pain in the

neck at a time when the last thing you need is more pain.

Finally, you’re dealing with the stress that comes with an uncertain

future. Your injuries may be preventing you from working. Your damaged

car isn’t helping matters. You wonder who’s going to pay for all the bills

that are suddenly starting to accumulate. You worry about how you’re

going to take care of yourself and your loved ones while you recover.

As if your life wasn’t complicated enough, you also have to begin dealing

with your insurance company and the insurance company of the other

driver involved in the accident. They want information from you about

your injuries, about how the accident happened, and so much more. You

may be unsure about what to say or do next, and this only makes your

already stressful sense of uncertainty about the whole situation worse.

Right now, the last thing you need is more stress. So, here are three tips

that you can use to effectively communicate with the insurance

companies involved in your car accident. Using these tips will allow you

to give the insurers the information they need to advance their

investigations into your claim while, at the same time, protecting your

best interests.


3

Insurance companies exist to provide protection against loss. You pay a

small amount on a regular basis to shield yourself financially from a

potential big loss in the future. Insurance makes sense. That’s why the

insurance industry in the United States alone generates over one trillion

dollars in premiums every year.

That kind of money also means that insurance is a big business, and big

business requires profit. So, while you protect yourself against loss

through an insurance policy, insurance companies protect themselves

against loss, in part, by actively seeking to reduce the amount of money

that they pay out in damage claims.

The conversations and correspondence that you may have with an

insurance adjuster or attorney for an insurer may be cordial, helpful, or

even friendly. Nevertheless, it’s imperative to remember that their best

interest is to attempt to reduce the amount of the settlement of your

claim as much as possible.

This means that when you speak to any representative of an insurance

company about your car accident you are speaking to a potential

adversary. You must provide accurate information to an insurer in order

to settle your claim. However, all the information that you do provide can

be used against you in litigation should you and the insurer disagree on

the value of a settlement.

This brings us to tip #2.

1. The Insurance Company is a Potential Adversary


4

It is the facts that surround your car accident that determine its overall

value in settlement or judgment award. Therefore, in order to obtain a

settlement amount that adequately compensates you for the damages

you suffered, you have to use solid, verifiable information – not emotion.

Make certain that all the information you provide to an insurer in regard

to your car accident is factual in nature. Now, is not the time to substitute

conjecture and possibility in place of cold, hard truth. Stick to the facts,

and nothing but the facts, as you know them.

If you can, obtain all the official documents that pertain to your accident

and provide these to the insurer. Things like police reports, witness

statements and photographs of the accident scene are objective and

factually-based. They provide the insurer with an accurate snapshot of

what happened just prior to the accident and subsequently.

Your medical records and medical bills are also fact-based documents.

They provide accurate details of the injuries you suffered as a result of

the accident. They give the insurer an idea of the pain and inconvenience

your injuries caused you. They also provide an exact tally of a portion of

your out-of-pocket expenses.

If the insurer asks you to give a statement about the accident, make sure

that you relate information that is based on the facts of your claim. If you

don’t know something, then say so. It is perfectly acceptable to admit

that you don’t know the answer to a question or don’t have a clear

memory of certain events.

2. Stick to the Facts


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Remember, it is better to say “I don’t know” than it is to estimate or make

assumptions about things you are not really sure of. When you make a

statement based on assumption and guesses, you turn that non-factual

information into your version of the truth. Remember, everything that

you say to the insurer will be used to help determine the value of your

settlement.

3. Know When to Get Help


6

Insurance adjusters and insurance attorneys working for insurance

companies are professionals. They deal with dozens of claims just like

yours every single day. They know the ropes and they know that you are

not as skilled in claim valuation and settlement as they are. They may try

and use that difference in skill and knowledge to their advantage by

pressuring you to accept a settlement that isn’t adequate to compensate

you for your damages.

An experienced personal injury attorney knows how to deal with an

insurance company. They have the skills necessary to present the facts

of your case in the best possible light so that you receive the settlement

amount that you deserve. They also know the law. If the insurance

company refuses to tender an adequate settlement, they can bring a

lawsuit on your behalf and obtain the compensation that you need in a

court of law.

Don’t make the mistake of assuming you know enough to head up battle

with an insurance company on your own. Enlist the help of a qualified

California personal injury attorney.

The moment you’re involved in a car accident the process of establishing

the value of your claim begins. To you, it’s a horrific event that’s caused

you pain, money, and inconvenience. To the other driver’s insurance

company, it’s just another day on the job.

After an accident, you are in a vulnerable position. You’re injured. You

most likely can’t work. Bills are piling up. You’re confused and

overwhelmed about what to do next. You’re angry that all of this is

happening to you. All you want is put the whole thing behind you and get

back to normal.

The other driver’s insurance company isn’t as vulnerable as you. In fact,

they’re not vulnerable at all. However, they are very interested in your

vulnerabilities. You see, the adjusters and attorneys for the other

insurance company are more than willing to take advantage of your

confusion and anger and use it to their benefit.

They want you to make mistakes. They want you to say things you

shouldn’t say. They hope that you’ll do things that aren’t in your best

interest, due to the stress you’re under and the pain you’re in. Why?

Because every mistake you make, every word you use unwisely, and

every action you take that you shouldn’t weakens the value of your

claim.

This is why it is extremely important that you do your best to avoid

making mistakes following your accident. Remember, you and the

insurance companies involved in your claim are potential adversaries. It

is in your best interest to do everything you can to obtain fair

compensation for your injuries. It is in the insurance company’s best

interest to pay you as little as possible.


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In order to ensure that you do obtain the compensation that you

deserve, here are eight common mistakes that you should try to avoid:

1. Failing to Get Treatment for Your Injuries


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The energy that your body is subjected to in a car accident is enormous.

Over two tons of pressure can momentarily push, pull, and shove you in

multiple directions at once. That kind of force can cause serious damage

to the soft tissues in your body.

Soft tissue injuries often aren’t apparent right away. They can take days

or even weeks to become symptomatic. So right after your accident, you

may feel fine. Nevertheless, you could still be seriously injured.

On the other hand, maybe you are aware of your injuries but are

delaying seeking treatment because of insurance or money issues. You

might be feeling that you can’t afford to see a doctor or that you will be

denied treatment because of your financial situation.

In either case, you are making a mistake by putting off treatment. The

longer you delay in seeing a doctor, the greater the chances are that the

insurance company will try to argue that your injuries were aggravated

by your delay, or were caused by something other than your accident. If

they are successful in proving this, you may find that the value of your

claim has been reduced or even denied completely.

Even if you have sought medical treatment for your injuries, you can still

make an expensive mistake by not following your doctor’s orders in

regard to your treatment. Going against your doctor’s medical advice

puts you in the same situation as you would be if you hadn’t gotten

treatment.

The insurance company will discover that you didn’t do what your doctor

wanted you to do. They will then argue that your failure to follow your

doctor’s orders contributed to or even caused your injuries. Again, if they

are successful, you will end up with reduced compensation for your

damages or, in the worst case scenario, no compensation at all.

2. Failing to Follow Your Doctor’s Orders


9

After your accident, you’re going have numerous opportunities to tell

other people what happened. The people in the other car or cars

involved in the crash will ask you what happened. The police will ask for

your version of the events surrounding the collision for the accident

report. Your friends and family will ask you what happened. The

insurance company will ask you to give them a statement. In each of

these instances, you have to keep one thing in mind – words can be used

as weapons. Any words you choose to use can be used against you.

3. Trying to Be Helpful

This is not the time to be helpful. This is not the time to try and explain

away the accident. When you give a statement to anyone – other

witnesses, the police, the insurance company – stick to the facts as you

know them. Do not estimate. Do not guess. Do not suppose. Do not

include emotion. If you don’t know the answer to a question, say so. Your

job is not to make someone else’s job easier. Your job is to take the steps

that you need to take in order to get the compensation that you deserve,

and you do this by simply relaying facts only.

4. Settling Your Case Before Talking to an Attorney


1o

An auto accident is a traumatic event. There can be a strong

psychological urge to get the whole thing behind you as quickly as

possible. A lot of unpleasant emotions can be stirred up in the aftermath

– guilt, anger, embarrassment, and more.

The insurance company involved in your claim for damages knows all

about the psychology of car accident victims. They know that you want

the whole thing to be over as quickly as possible. They also know that the

accident may have caused you some financial difficulties. They will try to

use your emotional and financial state to their advantage by offering you

an amount of money in exchange for a quick settlement of your claim.

Invariably, the amount of money offered is far lower than your case is

really worth. The insurance company is hoping that your desperation to

put the matter behind you is stronger than your common sense. Even if

you reject their offer verbally, they may still try and send you a physical

check in the hope that you’ll cash it. Because if you do cash the check,

your case is, for all intents and purposes, over no matter what it is really

worth.

An experienced personal injury attorney can look over the facts of your

case and give you a good idea of its real value. They can also guide you

through the settlement process, helping you to avoid the mistakes that

you’d otherwise make without expert guidance.

Don’t make the mistake of handling your own settlement negotiations.

Talk to a qualified personal injury attorney and maximize the chance of

getting every penny of compensation that you deserve.


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In this section, you’re going to learn about the basics of California car

accident law. In order for you to understand how to best protect your

interests in the event of a car accident, you first have to grasp how the

law establishes fault when there’s been an accident that involves

personal injury and/or property damage.

You’ll learn how negligence is used to establish who is liable for the

injuries caused by a collision. You’ll also learn how your own failure to

exercise reasonable care can cost you personally, even if someone else

was responsible for causing the accident.

The Origins of Negligence


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People have been accidentally injuring each other, as well as damaging

each other’s property, since the dawn of time. Then as now, when an

accident causes injuries or damages, it requires money to cover the cost

of repairs and the cost of medical treatment. So, the question always has

been: how do we decide who should pay the bill for the harm caused by

an accident? The answer to that question is the basis behind the concept

of negligence.

The modern concept of negligence arose out of the Industrial Revolution

in the 19th century. Cities were growing. Technology was booming. The

world no longer revolved around a quiet farming economy. The modern

era was being born and with it, an entirely new set of risks that had to be

dealt with.

More people living in cities meant more opportunities for accident and

injury. Society needed to develop a way to adequately balance the risk

that came from a large number of people living in close quarters. The

concept of negligence was the solution to the problem.

The lawmakers charged with dealing with this problem looked to tradition

for an answer. Specifically, they looked to the common religious

traditions of the time and decided that if we have an obligation to love

our neighbors unconditionally, we then also have a corresponding

obligation not to harm them as well. Out of this idea grew the legal

concept of negligence.

The Elements of Negligence


13

The obligation not to cause harm to the people around you became the

basis for a legal duty, the breach of which was enforced by the courts.

Slowly, over time, the specifics of that legal duty were separated into

four elements, each of which needed to be proven by the person

claiming injury before any money (as compensation) changed hands.

These four elements were and remain:

1. Duty of care;

2. Breach of the duty of care;

3. Causation; and

4. Damages.

Let’s take a quick look at each element, so that you have an

understanding of how each one could affect your personal situation if

you’ve been involved in a car accident in California.

Duty of Care

As a citizen of your community, your county, your state and the world,

you have an obligation not to intentionally or negligently hurt the other

human beings whom you encounter. Intentional harm is considered

criminal and is beyond the scope of this article. What we’re concerned

with is the duty to avoid the negligent infliction of harm on those around

you.

When we talk about a duty of care, we use an objective viewpoint. Your

duty to be careful is not based upon your experience or what your

subjective perspective tells you is safe. Instead, the duty is based on

how a “reasonable person” would have acted in a given situation. The

conduct of that fictitious reasonable person is not centered on you or me

or any single individual. Instead, it is an amalgam of behaviors that

represents how most people in a certain society would have acted in a

given situation.

As a result, the duty of care is mostly straightforward when it comes to

operating a motor vehicle. You have a duty to obey all traffic laws. You

have a duty to pay attention to the road. You have a duty not to use

intoxicants while driving. You have a duty to avoid striking other vehicles

or individuals with your vehicle. The list goes on, but at its heart, it is a

common sense standard that’s usually easy to define and apply.


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Breach of the Duty of Care

As the name implies, breach of the duty of care deals with situations

where someone was doing something that they shouldn’t have been

doing (or wasn’t doing something they should have been doing) and

someone else was injured and/or sustained property damaged as a

result.

For example, let’s say you were driving while using your phone to send

text messages. While looking at your phone, you failed to notice that the

car ahead of you was breaking in preparation for making a left hand

turn. As a result, you collide with the rear end of the car that was

turning. The collision results in damage to the other vehicle and injures

the driver.

As a result, the driver of the other car can bring a lawsuit that alleges

you breached the duty that you had to pay attention to the road while

driving which resulted in the accident.


15

Causation

One you’ve established the existence of a duty, as well as a subsequent

breach of that duty, you next have to deal with causation. Causation

deals with the connection between the breach of the duty of care and

the resultant injuries and property damage. This connection is usually

established by the “but for” test. In other words, the injuries and

property damage wouldn’t have happened but for the actions or

inactions of the person accused of causing the accident.

Going back to our example, causation would be established by showing

that the rear end collision that injured the other driver and damaged his

car wouldn’t have happened if you hadn’t been looking at your phone,

and instead had been paying attention to the road like you were required

to do.

A clear line is drawn establishing that what you were doing (and/or not

doing) just prior to the accident caused the accident to occur, resulting in

injury and property damage. Thus, the accident is your fault because a

reasonable person would have anticipated that not paying attention to

the road would likely result in a collision.

However, the chain of causation isn’t absolute or infinite. You are only

liable for the injuries and property damage that could reasonably be

anticipated to occur because of your actions or inactions. If a reasonable

person couldn’t have foreseen that their breach of duty would cause

certain things to happen, then there is no causation. This reasonable

foreseeability is called proximate cause.

Using our example again, let’s say that the driver whom you rear-ended

had a laptop computer in the car that was also damaged in the collision.

Several days after the accident, while in a store dropping off the

computer for repair, the driver slips on some liquid left on the floor of

that store and falls, causing further injury. Applying causation, you

would be responsible for paying for the computer repairs, since it is

reasonable to assume that colliding with another vehicle will not only

damage the vehicle itself, but also any objects traveling in the vehicle.

On the other hand, you would not be responsible for the injuries that the

other driver sustained as a result of his slip and fall at the computer

repair shop, since it is not reasonably foreseeable that failing to pay

attention while driving will cause a person to slip and fall days later. In

other words, you are not the proximate cause of the injuries that

occurred while dropping off the computer.


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Even when you prove the existence of a duty, a breach of that duty, and

establish that the breach of duty proximately caused the accident in

question, you still cannot successfully recover any money unless you also

prove damages. To put it another way, if there’s been no harm, the foul

doesn’t matter.

Damages are the actual hurt that you suffered as a result of the

accident. In a vehicle collision, this nearly always takes the form of some

type of personal injury, as well as damage to the vehicle and its contents.

Personal injury damages can take many different forms, including pain

and suffering, lost wages and loss of future earning capacity, medical

expenses and future medical expenses, and more. Personal property

damages are limited to the repair or replacement of the property if

question.


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Damages

Contributory Negligence and the Comparative Fault Rule

When we talk about negligence, we usually frame the discussion around

the one person who caused the accident that resulted in injury and

property damage. In a lawsuit, this person would be the defendant.

However, negligence is an equal opportunity doctrine that applies to

everyone. We all have a duty to act reasonably towards each other at all

times. When we don’t, we’re responsible for the outcome – even when

we’re the ones who have been hit by another car in an auto accident.

The doctrine of contributory negligence deals with the concept of mutual

responsibility when it comes to negligent conduct. The idea is that if a

person who was injured in an accident acted unreasonably, they may be

partially or entirely responsible for the harm they suffered even though

someone else was also involved.

Even when you prove the existence of a duty, a breach of that duty, and

establish that the breach of duty proximately caused the accident in

question, you still cannot successfully recover any money unless you also

prove damages. To put it another way, if there’s been no harm, the foul

doesn’t matter.

Damages are the actual hurt that you suffered as a result of the

accident. In a vehicle collision, this nearly always takes the form of some

type of personal injury, as well as damage to the vehicle and its contents.

Personal injury damages can take many different forms, including pain

and suffering, lost wages and loss of future earning capacity, medical

expenses and future medical expenses, and more. Personal property

damages are limited to the repair or replacement of the property if

question.


18

Contributory Negligence and the Comparative Fault Rule

When we talk about negligence, we usually frame the discussion around

the one person who caused the accident that resulted in injury and

property damage. In a lawsuit, this person would be the defendant.

However, negligence is an equal opportunity doctrine that applies to

everyone. We all have a duty to act reasonably towards each other at all

times. When we don’t, we’re responsible for the outcome – even when

we’re the ones who have been hit by another car in an auto accident.

The doctrine of contributory negligence deals with the concept of mutual

responsibility when it comes to negligent conduct. The idea is that if a

person who was injured in an accident acted unreasonably, they may be

partially or entirely responsible for the harm they suffered even though

someone else was also involved.

Going back to our example, let’s say you’re still the guy on the cell phone

who’s not paying attention to the road. The car in front of you is still

braking in preparation for a left turn. Except this time, his brake lights

are not working. They haven’t been working for over a week. In fact,

several days ago he received a traffic citation for driving with

inoperative rear brake lights. As he brakes for the turn, you look up from

your phone. Not seeing any brake lights, you glance back down to your

phone just in time to slam into his rear end.

In this instance, if the other driver sued you for damages, you would be

entitled to raise the defense of contributory negligence. You could

present evidence that established the other driver knew his brake lights

didn’t work, yet he continued to drive. You could then argue that

continuing to drive with inoperative brake lights was negligent and that

this negligent act partially caused the injuries that the other driver

suffered.

If the judge or jury found that your evidence did establish contributory

negligence on the part of the other driver, the next step (in California at

least), would be for them to establish the percentage of fault for the

accident that is yours and the percentage that belongs to the other

driver. This division of fault is called comparative negligence.

California is a pure comparative negligence state. This means that you

can still recover money for your injuries as long as the other party was

found to be at least partially liable for your injuries and property

damage.


19

Getting back to our example one final time, let’s say that your case went

to trial and the jury found that your negligence (failing to pay attention

to the road) partially caused the other driver’s injuries. They also found

that the other driver’s negligence (driving with inoperative brake lights)

contributed to his injuries. They then compared your negligence to that of

the other driver and found that you were 75% at fault for the accident

and the other driver was 25% at fault. The jury then awarded the other

driver $10,000 in damages, but reduced the award by 25% which was his

share of the total fault for the accident. In the end, the other driver will

recover only $7500.

In some states, negligently contributing to your own injuries completely

bars you from recovering anything for your damages. In others, you can

only recover if you were 50% or less at fault. However, in California you

can recover some damages even if you are found to be 99% at fault for

your injuries, due to the pure comparative fault rule.


20

In this section, you’ll learn about the basics of California car accident

procedure. These are the steps that are taken by your attorney to

successfully resolve your accident case, either by settlement or by trial.

If you’ve been involved in a vehicle collision, it’s important that you have

some knowledge of car accident procedure. When you do, you can work

with your attorney to do what needs to be done to maximize the amount

of your recovery while minimizing the amount of time it takes to bring

your case to a successful conclusion.


21

Statute of Limitations

A statute of limitations is a specific time limit within which to file a lawsuit.

The purpose of putting these time limits in place is to make people come

forward with complaints at law within a reasonable amount of time after

the matter that gives rise to the complaint occurred. The longer the time

span between the occurrence and the complaint, the harder it becomes

for people accused of wrongdoing to gather evidence in their defense. It

is simply unfair to drag someone up the courthouse steps and accuse

them of wrongdoing years after the alleged act took place.

In California, the statute of limitations for personal injuries caused by a

negligent act like a car accident is two years from the date of the

accident. For negligent damage to property, the statute of limitations is

three years from the date of damage. If you fail to file a lawsuit for your

injuries or property damage within these time periods, you lose your right

to do so forever.

There are a few exceptions to these time limits. For example, if a minor

has been injured in a car accident, the statute of limitations does not

begin to run until the minor turns eighteen. However, as a matter of

prudence, it is generally better to bring a lawsuit for injuries sustained in

a car accident at the earliest possible opportunity.


22

Burden of Proof

A burden of proof is a duty or obligation placed on the person bringing a

lawsuit to establish the truth of their allegations to a specified level of

verification. The reason for placing a burden of proof on the person bring

the lawsuit is simple – the allegations in a lawsuit, if shown to be likely

true, may cost the person accused of wrongdoing money, and in a

criminal case, their freedom or even their life. Therefore, the court wants

to be as sure as possible of all the pertinent facts before penalizing

anyone.

In California, the burden of proof in a car accident case is by the

preponderance of the evidence. This means that if you were injured in an

auto accident, you must show that a majority, or at least 51% of the

evidence presented, establishes that the person whom you accuse of

causing your injuries is indeed liable.

This same burden of proof applies to the person who injured you if they

allege contributory negligence as a defense. They must also show by a

preponderance of the evidence that your negligence contributed to the

accident that caused your injuries.

Discovery

After a lawsuit has been filed and the allegations in that suit have been

answered, the case moves into the discovery phase. Discovery, as the

name implies, is a court supervised process whereby both parties to the

lawsuit have an opportunity to “discover” as much information as they

can about the events and circumstances surrounding the accident. This

information can then be used as evidence to support or refute the

various allegations of negligence that are at issue.


23

There are several different types of discovery. Some are written, like

interrogatories and requests to produce. Others are oral, like depositions.

However, whether oral or written, all forms of discovery are given under

oath. This means that any question or request made during discovery is

subject to the rules of evidence. Objections can be raised on any valid

grounds. It also means that anything written or said during discovery is

considered a sworn statement and can be used as evidence to

corroborate or refute testimony made at trial.

Interrogatories

Interrogatories are a series of written questions exchanged by the

parties to a lawsuit. The subject of the questions deals with the car

accident in question and the events that surround it. The questions are

answered and the party to whom the questions are directed verifies their

answers by declaring under the penalty of perjury that all the

information provided is true and correct.

Request to Produce

A request to produce, as the name implies, is a list of physical objects

that one party to a lawsuit wants the other party to turn over for

inspection, examination, and photocopying. These usually include

documents such as medical records, photographs, and correspondence,

but can also include physical evidence as well. As with interrogatories,

requests to produce are verified and subject to penalties for perjury.


24

Depositions

A deposition is a sworn statement of a party to a lawsuit, a witness, or

other individual testimony that is relevant to the case. The individual

being deposed is subpoenaed and is required to appear at a given

location - usually the offices of one of the attorneys involved in the case

- at specific time.

On the day of the deposition, the witness presents themselves for

questioning by the attorneys for the parties to the suit. A court reporter

is also present to preserve an accurate record of everything that is said

during the deposition. The reporter will swear-in the witness. The

attorneys will then begin questioning the witness, starting with the

attorney who issued the subpoena. The questioning is formal and takes

the same form as a trial, with examination followed by cross-examination

and rebuttal, if any.

A deposition serves two purposes. First, it allows both parties to discover

what every witness knows prior to trial. Second, it preserves a record of

a witness’s testimony. If that witness substantially changes his or her

testimony at trial, the transcript of the sworn statement can be used to

bring this discrepancy to the attention of the jury for the purposes of

discrediting the witness.

A trial is an expensive proposition in both time and money for both

parties to a lawsuit. Court dockets are crowded. In some jurisdictions it

can take years to get a court date. In some respect this is fortunate,

because with a larger lawsuit it can take years to prepare for trial.

Settlement


25

In addition to time, all this preparation takes money. Court costs add up.

Expert witnesses can charge large fees to testify. Court reporters are

expensive.

Finally, a trial is literally the court of last resort. It is impossible to predict

how witnesses will behave on the stand. It is impossible to predict how a

jury will react to testimony or how they will deliberate. All of this

uncertainty is a risk that both sides to a lawsuit want to avoid, if possible.

Settlement is the way that risk is averted. It is for this reason that 90% of

all lawsuits settle before trial, and 90% of the remaining cases that

proceed to trial settle before a verdict is reached.

By its very nature, settling necessitates compromise. Neither party is

going to get everything they want. In fact, it has been said that the

hallmark of a good settlement is when everybody walks away

disappointed. This doesn’t mean that you give away the farm when

settling. However, it does mean that you accept a more secure, yet

reduced, result right now in exchange for foregoing the possibility of a

richer, yet riskier, reward at some time in the future.


26

Insurance is an important part of California car accident law. In the vast

majority of car accident cases, it is an insurance company who is

providing the money that is paid out to accident victims in settlements or

judgments. However, insurance companies are not in the business of

paying money to injured accident victims. Instead, insurance companies

are in the business of making money – a lot of money.

In 2015, property and casualty insurers, the companies that insure homes

and autos, wrote $516 billion dollars in premiums. That’s over a half trillion

dollars in business in the United States alone. That makes the insurance

industry one of the biggest economic powerhouses in the world. The

various insurance companies that you may be dealing with after you’re

involved in an auto accident didn’t get to be as profitable and powerful

as they are by being benevolent.

The role of the insurance industry in California car accident law is to do

everything legally possible to limit their financial exposure. They do this

by actively working to minimize the amount that they are required to pay

to you while, at the same time, making you wait as long as possible for

that payment. The insurance company is essentially your adversary once

you make a claim against a policy that they issued, no matter how helpful

any one insurance representative may seem. Because of this, it’s helpful

to know a little bit about how car insurance works in California car

accident law.


27

California, like most states, has enacted laws that require the owner of

every car to carry a mandatory minimum amount of auto insurance. Per

these laws, the mandatory minimum coverage is $15,000 in per person

bodily injury coverage, $30,000 in total bodily injury coverage, and

$5000 in property damage coverage. Many people purchase this type of

car insurance policy without having a clear idea of what those numbers

mean.

The per person bodily injury coverage means that the most the insurance

company is liable to pay for a single person’s injuries or death is

$15,000.00. The total bodily injury coverage means that the most the

insurance company is liable to pay for the total injuries or deaths caused

by an accident is $30,000.00. So, for example, if the policy holder causes

an accident that injures another driver and those injuries require

$100,000 in medical bills to treat, all the insurance company is required to

pay towards those bills is $15,000.

Alternatively, if the policy holder causes an accident that kills the driver

and injures two passengers to the tune of $500,000 in combined medical

bills, all the insurance company is liable for is $30,000 in total. In other

words, the insurer can tender the $30,000 available under the policy to

the three claimants (the two injured passengers and the family of the

deceased driver) and walk away liability free. The survivors are left to

attempt to recover their remaining damages from the personal assets of

the driver.

Mandatory Auto Insurance Coverage


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While good intentioned, mandatory minimum automobile insurance laws

result in drivers carrying insurance coverage that is insufficient to cover

the damage caused when they get into a car accident. In this sense, the

beneficiary of these laws is the insurance industry, not the injured victims

the law was supposedly intended to protect.

Uninsured/Underinsured Motorist Coverage

It is estimated that over four million drivers in the State of California are

uninsured. As we saw above, the minimum auto insurance requirements

required by the state are woefully inadequate to cover the damages

caused by the average car accident. This means that if you are involved

in a car accident in California, the odds are that the other driver may be

either uninsured or underinsured. Either way, if you’ve been hurt in the

accident, it’s you that is going to pay the price for that fact.

Uninsured/underinsured motorist coverage is the answer to this problem.

If you are involved in an auto accident with an uninsured or

underinsured driver, your UI/UIM coverage can be a financial lifesaver.

Your insurer is required to let you know that UI/UIM coverage is

available and you must sign a written waiver if you choose not to

purchase this coverage. However, we strongly recommend that

you consider amending your current car insurance policy to include

UI/UIM coverage. In a very real sense, it is foolish to drive in the State

of California without it.


29

Subrogation

If you’ve been injured in a car accident, you probably required

immediate medical attention. At the hospital you provided your insurance

information. The hospital billed your insurer for the treatment they

provided and your insurer likely paid its portion of the hospital bill long

before any legal action against the driver who injured you was initiated.

Once your insurer paid for the treatment of the injuries caused by the

other driver, it gained the right of subrogation.

This means that your insurer now has a right to claim and obtain a portion

of your eventual settlement or judgment against the other driver in an

amount equal to the bills that they have already paid for. When it comes

to this amount, they have, in a legal sense, literally “stepped into your

shoes” and acquired the same rights as you in regard to recovery.

This is only fair. If your insurer was unable to subrogate your claim

against the other driver, the potential exists for you to be compensated

twice for the same injury: once when your insurer paid your medical bills,

and a second time when you settled your suit against the other driver or

won a judgment against them at trial. The doctrine of subrogation

prevents you from getting two bites of the apple and allows your insurer

to recover the good faith payments that it made on your behalf.


30

There are over 34 million registered vehicles in the State of California.

That’s more vehicles than there are people! In fact, for every eight

people who live in California, there are ten vehicles – cars, trucks, buses,

you name it. This means that at any given time there is a lot of traffic on

the streets, roads, and highways in this State. That amount of traffic,

combined with the 152 minutes that the average Californian spends

behind the wheel every day, means that your chances of being involved

in a car accident at some time in your life are high.

When an auto accident does occur, it can turn your life upside down. The

force of the impact that occurred during the accident can cause serious

physical injuries. The pain and suffering caused by these injuries can last

months or, in some cases, even years. For some, it may last a lifetime.

Physical injuries can require extensive medical treatment. They also

usually require some form of rehabilitative therapy. A serious injury may

mean that the victim is unable to work. The bills for treatment and

rehabilitation begin to pile up quickly. The victim may also experience a

loss of mobility that prevents them from engaging in simple day-to-day

activities. All of these factors add up, causing stress and worry that, at

times, can be as debilitating as the injury itself. And for many people, the

pain of an injury is simply the most obvious symptom of the damage that

they have endured.

If you’ve been in a car accident and find yourself in this situation, all you

want is some relief. You want relief from the physical pain and from the

financial worries. You want relief from the stress of not knowing how

you’re going to take care of your loved ones and what’s going to happen

in the future.


31

One of the ways to eliminate some of this stress and worry is by getting a

better idea of the amount of compensation you may receive for the

damages you incurred as a result of the accident.

Limitations on Damages

In general, an individual who has been injured in a car crash is entitled to

compensation for damages to their personal property and damages for

physical injuries caused by the accident. We’re going to take a closer

look at both types of damages, but before we do there’s something that

you need to keep in mind when estimating the potential value of your

case.

The damages available to you under the law are designed to restore you

to where you were before the accident and compensate you for your

actual losses. A settlement or judgment is not a lottery or a windfall.

There are no punitive damages available in a case involving simple

negligence. Likewise, there can be no recovery for damages that are

purely speculative.


32

Only damages that can be proven to have been, more likely than not,

caused by the accident will be allowed. In short, it’s important for your

peace of mind to keep a realistic perspective when attempting to

estimate the value of your car accident case.

Allowable Damages

In California, an individual who has been injured in a car crash can only

recover for the actual harm caused by the accident. When it comes to

personal injuries, these damages take two forms – economic damages

(sometimes called special damages) and non-economic damages

(sometimes called general damages).

Economic Damages

In order to begin calculating the value of your auto accident case, you

need to start with those items that are easily and objectively quantifiable.

Economic damages fit this bill because, as the name implies, they are the

out-of-pocket expenses that you incurred as a direct result of the

accident.

Start by looking at your medical bills. Did your injuries require an

emergency room visit or a hospital stay? How about surgical costs? Did

your condition require the use of special medical equipment? Medications

that were prescribed for your injury should be included, as should any

costs associated with rehabilitation or rehabilitative care.

Next, look at your job. Did you lose time at work because of your injuries?

Will you continue to lose time in the future? Are you able to go back to

work in the same job capacity that you had before the accident? If not,

has your employer offered you a different position to accommodate your


33

condition? Does this position pay less than the position you held prior to

your accident? Will you require vocational training in order to resume

working? Are you completely disabled and unable to work as a result of

your injuries?

You need to look carefully at how your injuries have affected your

current and future employment situation. Every dollar in salary that you

have lost, or will lose, as a direct result of the injuries that you incurred in

the car crash are potentially recoverable as damages.

Non-Economic Damages

Adding up your economic damages gives you a specific starting amount.

The next step is a little more difficult. You’re going to have to assign a

dollar amount to your non-economic damages. Unlike economic damages,

non-economic damages are much more subjective because they involve

less tangible things like pain, suffering and emotional distress.

Pain and suffering caused by injuries that were the result of a car

accident are difficult to quantify. You know the discomfort you were in.

You understand how that pain has changed your life in many ways. Yet,

pain, unlike expenses, is completely subjective. We all deal with pain

differently. We all experience it differently. Some people will say that a

good rule of thumb for quantifying non-economic damages is to multiply

the amount of the economic damages by three. However, that solution is

simplistic. The only person who can legitimately and accurately estimate

these damages after your car accident is an attorney trained in

California car accident laws.


34

Each car accident case involving injuries is different. Non-economic

damages can often make up the lion’s share of any settlement amount or

judgment award. Don’t leave valuable money on the table by attempting

to estimate what your case is worth. A layperson needs the guidance of

an attorney who is experienced in California’s car accident laws in order

to get an adequate idea of the true value of their case.


35

You’re in your car, maybe driving to work or heading home after a long

day. You’re driving responsibly, paying attention, and following the rules

of the road. Depending on your situation, your mind might be on the day

ahead or you might be thinking about dinner or plans that you have for

the weekend. It’s a perfectly normal day and then, in an instant,

everything changes.

Someone who wasn’t driving responsibly, who wasn’t paying attention,

and who wasn’t following the rules of the road crashes into your vehicle.

The force of the impact injures you and damages your car. Because of

someone else’s negligent behavior you are left in pain, maybe unable to

move normally or to work. You wonder how you are going to get back

the life you had before the car accident.

This is where an experienced personal injury attorney can make all the

difference. A lawyer who understands California’s car accident laws can

take the worry and stress off of your shoulders. They can let you focus

on your recovery while they take the legal steps that will help get your

life back to normal.

Let’s take a closer look at some of the things that your personal injury

attorney can handle after a car accident to make your life easier.


36

You hire a personal injury attorney because they know more about the

laws that are involved in a car crash than you do. You hire them because

they have the expertise necessary to look at the facts of your case and

give you an honest evaluation of your chances to successfully obtain

compensation, and estimate that compensation.

Your attorney will listen while you tell them what happened on the day of

the crash and afterwards. They will look over any documents that you

have that can help to shed light on the relevant events. They will obtain

any additional documents that may be helpful in the evaluation process.

Then, they will give you an objective analysis of your case, weighing the

strengths and weaknesses that may impact upon your chances for

success.

1. Your Personal Injury Attorney will Evaluate Your Claim

If you’ve been injured, one of your biggest concerns is how you are

going to get compensated for the money you’ve lost as a result of your

car accident. You have expensive medical bills. Your car needs repair or

replacement. You’ve lost time from work. You’re uncertain about the

future and confused about what you should do next.

Your personal injury attorney will sit down with you and ease your mind

by clearing up that confusion and uncertainty. He or she will clearly

explain the legal process that’s involved in getting you every penny

that’s available as compensation for your damages. They will also explain

your responsibilities during this process, letting you know what you can

do to maximize your settlement or judgment.

2. Your Personal Injury Attorney will Explain the Process Involved in Obtaining Compensation for Your Damages


37

Your personal injury attorney is there to handle all the details of your

case so that you don’t have to. They have the experience needed to take

case of the necessary paperwork. They know how to negotiate with

insurance adjusters and insurance company lawyers. Should your case

have to go to court, they understand the procedures that are required to

bring a personal injury lawsuit and see it through to a successful

conclusion. They have the knowledge that’s required to manage all the

aspects of your case.

When your presence is needed, for whatever reason, they’ll explain in

advance why you have to be there and what you have to do. Your

attorney is there to represent your interests, taking care of the fine

points of your case, and helping to ensure that your life gets back on

track.

In order to gain a favorable settlement or judgment in your case, you

need to present evidence that establishes negligence on the part of the

person who caused the accident. Your attorney is an expert in personal

injury law in the State of California. They understand the legal elements

that must be proven in order to establish negligence. They will gather the

evidence that will establish these elements. They will interview witnesses

and obtain testimony that supports your case.

In short, they will do everything necessary to prove that the person who

hit you was negligent, so that you receive an award or settlement that

will fully compensate you for your injuries.

3. Your Personal Injury Attorney will Handle All the Details of Your Case

4. Your Personal Injury Attorney will Gather Evidence


38

The goal of your personal injury attorney is to use their knowledge of law

and procedure to obtain a settlement of judgment in your case that fairly

compensates you for what your damages. This includes recovering all the

wages that you may already have lost as a result of being injured, as

well as money for lost earning capacity in the future.

It also includes compensation for the pain and suffering that was caused

by the injuries you sustained in the accident, as well as any other

damages you are entitled to under the law. Your attorney’s objective

throughout the course of your case is to give you back the life you had

before you were injured before the accident.

Remember, a personal injury attorney works on a contingency basis. This

means that they receive no legal fees for representing you unless you

recover money through settlement or judgment. You do not have to pay

them any money up front. All the costs for investigating and litigating

your claim are paid for by your attorney. They will receive no

reimbursement for these costs unless your case is successful.

This means that you have no reason to put up with the stress and worry

that comes with being injured in a car accident. When you hire a

competent personal injury attorney, they will take the steps needed that

will remove the pressure of that stress and worry from your shoulders,

making your life easier.

5. Your Personal Injury Attorney will Recover Damages


39

Our attorneys know the law when it comes to personal injury. Period.

With over 150 years of combined legal experience, our team of experts

has handled just about every personal injury situation you can imagine.

Combined with previous backgrounds in the insurance industry and

organized labor, we know what it takes to fight for our clients and get

the results they’re looking for.

Although nothing is guaranteed, and every case is unique, the attorneys

at Sevey, Donahue, & Talcott have been able to negotiate impressive

results for many of our previous clients. We are proud to claim numerous

high six and even seven-figure settlements based on a variety of

different claims.

Although dollar amounts are what tend to get the most attention, there’s

more to it than just money. What matters most is getting our clients the

results they deserve and helping to put their lives back together

following an accident.

Experience

Results

Keep in mind that there's no fee to talk to us and explore the details of

your accident. If you decide to work with us, you won't be charged

anything until we win your case. All attorney fees are taken out of the

case settlement so there are no out-of-pocket charges to you.

With nothing to lose, you owe it to yourself and your family to see what

you may be entitled to. Contact us to learn more and find out how we

can help.

No Recovery, No Fee


40

If you or someone you love has been injured in an accident, you owe it to

your family to find out what you may be entitled to. There’s no need to go

it alone and try and take on the insurance companies by yourself. Don’t

let their armies of lawyers intimidate you and make you settle for less

than you deserve. And never just write off your injuries and think that

“it’s no big deal.”

What happens today can have lasting effects for years to come. Don’t

become a victim by not taking action soon enough or by accepting a

handout when you deserve a payout. Let us protect your rights and fight

on your behalf.

Contact us today and find out how we can provide the security and

peace of mind you need to continue enjoying life. One of our personal

injury lawyers will be happy to provide a free, no-obligation analysis of

your case and determine what you may be entitled to.

Contact Us Today

Sevey, Donahue & Talcott, L.L.P.

990 Reserve Drive, Suite 105

Roseville, CA 95678

916-788-7100

www.seveydonahuetalcott.com

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