Personal Injury FAQs
Walkup, Melodia, Kelly & Schoenberger is a San Francisco personal injury law firm with more than 65 years of experience representing accident victims and their families. The firm handles complex injury claims involving bicycle, motorcycle, automobile, and pedestrian accidents. Its litigation experience and trial preparation reflect a consistent focus on accountability and fair recovery under California law.
If the police Traffic Collision Report says I am at fault, can I still pursue a claim?
In many cases, a Traffic Collision Report assigns fault to one party. That determination is not final. Police officers often make findings based on limited information available at the scene. In some cases, key facts are missing or misunderstood.
The officer’s opinion may be challenged. Its admissibility in court depends on the officer’s training and the foundation for the opinion. Liability is determined by the evidence as a whole, including witness testimony, physical evidence, and expert analysis.
An unfavorable report can affect early settlement discussions. Insurance companies often rely on it when evaluating claims. However, it does not control the outcome of a case.
Can I recover damages if I was partially at fault?
Yes. California follows a comparative fault system. An injured person may recover damages even if partially responsible for the accident.
Recovery is reduced by the percentage of fault assigned. For example, if a party is found 30% at fault, that party may recover 70% of the total damages.
How much uninsured motorist coverage should I carry?
Uninsured motorist (UM) and underinsured motorist (UIM) coverage protect against drivers who carry little or no insurance. This coverage applies in a wide range of situations, including when a person is injured while driving, cycling, or walking. It also applies in hit-and-run cases where the driver cannot be identified.
Coverage limits vary. In general, higher limits provide greater protection, particularly in serious injury cases involving long-term medical care or lost earning capacity.
California law does not allow UM limits to exceed liability limits on the same policy. Increasing liability limits may be necessary to increase UM coverage.
Should I give a recorded statement to the other party’s insurance company?
Insurance companies often request recorded statements shortly after an accident. These statements are used to evaluate claims and may later be used to dispute liability or damages.
A recorded statement should not be provided without first consulting an attorney. Statements given early in the process can affect the outcome of a claim.
What insurance applies in an Uber or Lyft accident?
California law requires rideshare companies to carry liability insurance during active use of the platform. When a driver has accepted a ride and is transporting a passenger, coverage of at least $1 million per incident generally applies.
Additional uninsured and underinsured motorist coverage may also be available in certain situations. Coverage depends on the driver’s status at the time of the collision.
Should I resolve my claim directly with the other party instead of going through insurance?
Direct resolution with an at-fault party is generally not advisable. Individuals rarely have the resources to fully compensate for serious injuries.
Handling a claim without insurance involvement can also lead to incomplete compensation, disputes over payment, and unnecessary risk. Insurance coverage exists to address these losses.
If I have collision coverage, should I use my own insurance or the other driver’s insurance for vehicle damage?
When a vehicle is damaged in an accident caused by another driver, a claim may be made through either insurance carrier.
Using one’s own collision coverage often results in faster repairs. The insurer has a contractual obligation to the policyholder and may process the claim more efficiently.
The other driver’s insurer may delay payment while investigating liability. This can extend the time needed to repair or replace the vehicle.
If collision coverage is used, the insurer may later recover the deductible from the at-fault party’s insurance.
Will my insurance rates increase if I use my own policy?
Insurance rates generally do not increase solely for using coverage when another party is at fault. Rate changes depend on fault determination and the terms of the policy.
Can I recover damages if I was uninsured at the time of the accident?
An uninsured driver may still recover economic damages, including medical expenses and lost income, from an at-fault party.
However, under California Civil Code §3333.4, uninsured drivers are generally barred from recovering non-economic damages such as pain and suffering, except in limited circumstances, including when the at-fault driver was driving under the influence.
Passengers injured in an uninsured vehicle may still recover both economic and non-economic damages.
What are the time limits for bringing a claim?
Most personal injury claims in California must be filed within two years of the date of injury (CCP §335.1). Property damage claims are generally subject to a three-year limitation period.
Claims involving public entities require a government claim to be filed within six months. These deadlines are strictly enforced.
When should I contact a personal injury attorney?
Legal counsel should be sought as soon as possible after an accident. Early involvement allows for preservation of evidence, proper documentation of injuries, and identification of all responsible parties.
Walkup, Melodia, Kelly & Schoenberger prepares each case as if it will proceed to trial. That approach supports both negotiation and litigation and reflects the firm’s commitment to fair representation.