Archive for October, 2009

Newer Entries »

What is a Bad Faith Insurance Claim?

Tuesday, October 13th, 2009

As consumers, we all pay exorbitant premiums to insurance companies in good faith, expecting in a return of good faith that the insurance company will pay any claims submitted against your insurance policy. However, insurance companies are in business to make money, not to pay claims. Paying claims affects profitability.

Enter “bad faith.”

When you purchase insurance coverage, you enter into a contract with the insurance company. You pay the insurance company for future protection through premiums and the insurance company pays claims submitted against your policy. A simple definition of “bad faith” in the legal world relative to the situation at hand is a breach of contract, a failure to act in good faith.

Examples of bad faith acts by insurance companies are:

(more…)

Train Accidents on the Rise

Thursday, October 8th, 2009

On September 12, 2008, a Metrolink commuter train collided head-on with a Union Pacific freight locomotive in Chatsworth, CA, resulting in the deaths of 25 people and injuries to 135 more. This California train accident received significant national and international attention for the scope of the accident, the number of people whose lives were affected and what caused the accident to occur. After conducting an investigation, it was determined that the train’s driver was distracted from his responsibilities by sending and receiving text messages, which caused him to overlook a red light.

There have been other deadly train accidents since then that also claimed lives. The number of train accidents here in California and elsewhere around the world seems to be happening with increasing frequency due to a number of factors. For example, on April 28, 2008, a train accident in China resulted in the deaths of 70 people and 400 more severely injured. On June 22 of this year, a commuter train in Washington D.C. crashed during rush hour, killing nine people and injuring 70 more. On June 30, a freight train derailed in Italy and crashed into a small town killing 12 people and injuring at least 50 more.

If you have questions about injuries you or someone you care for received in a train accident, California train accident lawyer Samer Habbas may be able to assist you in recovering the financial compensation you deserve. Call today for a free consultation.

Know Your Rights in the Eviction Process under California Tenant Law

Tuesday, October 6th, 2009

California’s tenant law is intended to protect renters from being taken advantage of by unscrupulous property owners. When someone rents a place to live from another person, without signing any documentation, both sides enter into a social contract of sorts. One is obliged to pay the agreed-upon figure each month to live there and the other is obliged to provide a safe place to live. However, these agreements don’t always work as intended and a property owner might begin the eviction process. Here are some of a tenant’s rights in the eviction process under the law:

  • Civil Code 789.3 prevents a property owner from locking a tenant out, removing the tenant’s property, removing doors or windows and turning off utilities to get a tenant to leave. If this occurs, the property owner is liable for the actual costs and $100 for each day that it continues.
  • A property owner cannot have law enforcement officials arrest a tenant in lieu of going to court. A sheriff’s deputy may serve eviction papers, but any other measures are determined by the court.
  • Civil Code 1940.2 prohibits a property owner from entering a tenant’s home and beginning renovations that make it impossible for the tenant to live there or interfere with the tenant’s quiet enjoyment. If this happens, the property owner is liable for each attempt to do this and liable for the tenant’s losses.
  • Civil Code 1940.2 prohibits a property owner from making any threats to persuade a tenant to move out such as threatening to report them to the police or the immigration authorities. If this happens, the property owner is liable for any of the tenant’s losses and $2000 for each attempt.

If you or someone you care for is having a dispute with a property owner and you have questions about your options and rights as a tenant, call the Irvine Personal Injury Attorneys at the Law Offices of Samer Habbas today.

The Difference between an Uninsured and Underinsured Motorist Claims

Thursday, October 1st, 2009

Do you know the difference between uninsured and underinsured motorist insurance claims? If you’re like the average insured, you most likely don’t know the difference. The similarities between these two claims make it confusing to keep one from the other straight. Here are the basic differences between uninsured and underinsured car insurance claims:

  • In an uninsured motorist claim, the negligent party failed to observe the mandatory auto insurance laws, drove a vehicle without insurance and did not have any insurance coverage to compensate accident victims for the property damage and bodily injuries sustained as a result of their negligence. Many hit-and-run drivers flee the scene the accident scene because there will be civil and criminal penalties assessed against them.
  • In an underinsured motorist claim, the negligent party does have automobile insurance, but does not have enough coverage to compensate accident victims fully for the injuries or property damage they caused.

The majority of states require that drivers purchase auto insurance with a minimum amount of liability coverage. However, the minimum liability coverage is often insufficient to compensate accident victims for lost wages, property damage, medical and rehabilitative expenses and other accident-related costs. As a result, accident victims then must turn to their own insurance carrier for compensation if they have purchased uninsured and/or underinsured coverage.

If an uninsured or underinsured driver has injured you or someone you care for, it is advisable that you speak with a California personal injury attorney like Samer Habbas. He will be able to review your situation and explain your options for pursuing a remedy so that you can make an informed decision as to the appropriate course of action.

Newer Entries »