Law Office of Arkady Itkin
Law Office of Arkady Itkin - San Francisco Injury / Wrongful Termination Lawyer   Contact Us at (415) 295-4730
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely

Two Reasons You Must Have a Good Uninsured Motorist Insurance Coverage

12/8/2015

 
uninsured motorist insurance coverage
One of the more serious mistakes that drivers make, as far as insurance coverage is concerned, is not getting sufficient uninsured motorist or UM coverage for their vehicle. Getting a larger policy, such as $250k/$500k will only cost a few more hundred dollars a years, but it will provide an essential financial safety for several situation where you will need the money most:

1. Being involved in a serious accident, where the other driver is uninsured.
If you have been hit by an uninsured driver, and you don’t have a UM coverage on your own policy, you are pretty much out luck as far getting compensated goes, except for your med-pay and health insurance policy that will provide for the medical expenses, and property damage coverage for your damaged vehicle, if you had that kind of coverage on your policy. You will not be compensated for your past and future wage loss if you are unable to work due to your injuries, and pain and suffering / emotional distress associated with the injuries suffered.
When you have an uninsured motorist policy, you don’t need to worry about whether the other driver has valid insurance. You will have your own sufficient policy that will cover you for whatever amount you are insured for all your losses.
​
2. Hit and Run Accidents  
Some of the worst accidents are caused by hit-and-run drivers. People who cause serious accidents due to negligence or due to driving drunk or due to both have an incentive to try to escape liability and/or criminal charges by fleeing the scene and hoping that no one will ever find them. Many of these hit and run drivers are indeed never found and prosecuted. Your uninsured motorist coverage will also cover you in the hit and run situations.
​
The above scenarios should make it clear to you that you must not save on your policy by not having sufficient uninsured motorist coverage, as the risks are way too high, while the potential savings are relatively insignificant.


Sacramento Deceased Plaintiff is Awarded $399.269.00 in an Uninsured Motorist Arbitration

11/7/2014

0 Comments

 
On October 27, 2013, at about 1:00 am, Mr. Luth, a 58 year old gentleman was driving on I-5 heading South in Yolo County. He lost control of his vehicle for unknown reason, struck the east bridge railing. Shortly after Mr. Luth's vehicle crashed into the bridge barrier rail, a second vehicle side-swiped Mr. Ruth's vehicle. That driver said he could not see Mr. Luth's car because the headlights were broken. Mr. Luth's vehicle was then side-swipe two (!) more times until he was found lying unresponsive by an officer of West Sacramento Police Department. It was the third collision that ultimately killed Mr. Luth.

Mr. Luth was covered by a policy of underinsured motorist coverage. The deceased sister was the actual claimant and she completed all the necessary steps to seek recovery from her brother's insurance company for the wrongful death of her brother, pursuant to the UM policy purchased by Mr. Luth before his death. 

At the UM Arbitration, Plaintiff argued that she was entitled, pursuant to jury instruction CACI 3921 to each of the following: loss of financial support, loss of gifts or benefits, funeral and burial expenses, loss of love, loss of companionship, loss of comfort, loss of assistance, loss of protection, loss of affection, loss of moral support, and loss of guidance. Funeral expenses totaled over $24,000.00. The UM policy limit was $500,000/per accident. Plaintiff demanded the policy limits, while the defendants' attorneys asked the Arbitrator to award $200,000.00. The case was then tried before Nicholas Lowe as Binding Arbitration leading to the above award.
0 Comments

Uninsured Motorist Arbitration of Injury Claims

11/16/2008

0 Comments

 

An arbitration aware that has not been confirmed or vacated by court has the same force and effect as a written contract between the parties. The parties have 10 days after service of an award to apply to the arbitrator to correct an evident miscalculation, misidentification, or formal imperfection in the award. The arbitrator has 30 days from the date of service of the award to correct the award or to deny the application, or the application will be deemed denied. Code Civ. Proc. sections 1284 and 186.6. 

A party may petition the court to confirm, correct or vacate the award. the court may correct an arbitration award in an uninsured motorist case  if (1) there is an evident miscalculation of figures or a mistake in the description of a relevant person, property, or thing; (2) the arbitration exceeded his power and the award may be corrected without affecting the merits of the case; or (3) the award is imperfect in a matter of form that does not affect the merits. 

The only grounds for vacating an award are listed in Code Civ. Proc. section 1286.2. A court must vacate an award if it determines any of the following: (1) the uninsured motorist arbitration award was procured by corruption, fraud or other undue means; (2) ther was corruption in any of the arbitrators; (3) the rights of the party were substantially prejudiced by misconduct of a neutral arbitrator; (4) the arbitrator exceeded his powers and the award cannot be corrected without affecting the merits of the arbitration decision; (5) the rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone hearing on sufficient cause being shown, or by refusal of the arbitrator to hear evidence crucial to the case, or by an arbitrating acting contrary to the statutory arbitration rules; or (6) an arbitrator making the uninsured motorist arbitration award was subjected to disqualification on the grounds specified in Code Civ. Proc. section 1281.9, but failed to timely demand to disqualify himself as required by law. 

It is important to note that the mere fact that an arbitrator reached an erroneous conclusion based on an error in law that does not appear on the face of the recordwill not invalidate the award. However, when the error appears on the facte of the award and causes substantial injustice, the award may be vacated. Campbell v. Farmers Ins. Exchange (1968, 4th Dist.) 260 Cal.App.2d 105.

0 Comments

    RSS Feed

    San Francisco Personal Injury Lawyer

    Contact us

    Contact us for a free, no-obligation consultation to discuss your injury claim at (415) 295-4730

    Categories

    All
    Accident
    Accident Injuries
    Arbitration
    Bicycle Accidents
    Burn Injuries
    Car Insurance Issues
    Cellphones And Driving
    Chiropractor
    Compression Fracture
    Depositions
    Disc Herniation
    Dog Bite Injuries
    Mediation Of Injury Case
    Medical Bills
    Medical Malpractice
    Medical Treatment Of Injuries
    Motorcycle Injury Accidents In California
    Negligent Entrustment
    Pain And Suffering
    Pedestrian Injuries In San Francisco
    Physical Therapy
    Rear End Accident
    Rear-end Accident
    Slip And Fall Injuries
    Spinal Injuries
    Surgeries
    Texting
    Trial Of Injury Case
    Uninsured Motorist
    Work Related Injuries

Personal Injury Law

San Francisco Personal Injury Lawyer Blog
Contact San Francisco Personal Injury Lawyer
Useful Legal Links

Employment Law

What Is Wrongful Termination?
Sample Request for Reasonable Accommodation
Sample Complaint about Workplace Discrimination 
FAQ About California Employment Law 

Law Office of Arkady Itkin

Contact Us
About
Our Practice Areas
Current Cases & Results 


Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; arkady@arkadylaw.com
Photos used under Creative Commons from feserc, Elvert Barnes