INJURED? What to do and when to do it.

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By
Robert L. Driskell

You haven’t planned to have an accident; in fact, you’ve probably done all you can to guard against it.  Your brakes and tires are good and your car is running well.  And, responsible driver that you are, in the unlikely event you do have an accident, you’re prepared.  You have your proof of insurance; your driver’s license; airbags in your car; and you’ve just buckled your seatbelt.  You’re off!  What could possibly go wrong?

CRASH!!!!!!!!!  Ouch.

It can happen to the best of us, and now, unfortunately, it’s happened to you.   Suddenly all of your preparations may seem inadequate as you’re faced with the question, “What do I do NOW?”

Of course, if there are serious injuries, a call to 911 is the first order of business.  The second, even if the accident is a minor one, is to exchange contact and insurance information with the other party.  Now, you may become a bit flummoxed.  Do you move the vehicles?  Take photos?  Call the police?  Call your insurance company?  Go the doctor ASAP to get checked out?  Call an attorney?  Go home and go to bed?There are a lot of questions.  Here are some answers that should help.

DO I CALL THE POLICE?

Yes.  Even a minor fender-bender may result in one or more party’s claiming injuries, and the police report is very valuable in assessing fault and damages.

DO I MOVE MY VEHICLE?

Only if it’s in a dangerous spot.  Otherwise, leave it where it is until the police arrive.

DO I TAKE PHOTOS?

Although the police will probably take photos, it can’t hurt for you to do it as well.  Just be careful – you don’t want to get hit while standing in the street and snapping pictures!

WHEN DO I GO TO THE DOCTOR?

If you’re in pain or have obvious injuries at the accident scene, go to the doctor or E.R. immediately.   However, if you have soft tissue injuries, you may not have pain or discomfort until a day or two after the accident.  You should then see your doctor ASAP.  If you need some alternate form of treatment such as chiropractic, see a physician first for a referral.

WHAT DO I SAY AT THE ACCIDENT SCENE?

As little as possible!  Do not admit blame.  Even if you suspect you were at fault, once the facts are known, the other party may be partially liable.  Do not assure anyone that you’re uninjured.  If you feel all right  immediately after an accident but can barely climb out of bed the next morning, you don’t want to go on record as having cheerily proclaimed at the scene, “I’m fine; I think I’ll go dancing!”

DO I CALL MY INSURANCE COMPANY?

Tempting as it may be to handle it yourself, reporting the accident to your insurer is probably a good idea.  Although your premiums could be raised if the accident is determined to be your fault, your policy robably requires you to promptly report all accidents, and your insurer theoretically could deny you coverage if you fail to do this. That’s a mess nobody needs.

SHOULD I CALL AN ATTORNEY?

Almost all personal injury attorneys offer a free initial consultation, and will accept your case on a contingency basis:  if you don’t win the case, you don’t pay!  So, yes, call an attorney – you have nothing to lose.  And don’t delay—there’s a time limit (statute of limitations) on how long after an accident you can sue.

Good luck, and drive carefully.

Robert L. Driskell is a founding partner of Driskell & Gordon in Glendora, a civil firm handling personal injury, products liability, business law, real estate law, contracts, probate, conservatorships, trusts, and wills.  He has 34 years experience as a litigator and trial attorney in Southern California.  He can be reached at (626) 914-7809, or  rdriskell@driskellgordon.com.

ESTATE PLANNING AND THE LIVING TRUST

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By Jason A. Fetchik


Unless you’re in the throes of a severe case of mal de mer (or seasickness, as we say in the States), chances are you don’t spend much time thinking about dying. Back on dry land, however, making reasonable preparations regarding your property can save your heirs a good deal of money and grief and make your golden years a lot easier.

Maybe you’re thinking that your financial situation is so straightforward that it should be foolproof? Perhaps you’re a widower with only one child, and you take it for granted that as soon as you’ve gone to your reward, he’ll inherit everything. At last, you think happily, he’ll cut his hair, take a shower, and become a responsible (and presentable) member of society! Maybe you’ve even left a will to guarantee the results you want. What could go wrong? Ha! We’re talking about the legal system here.

As if dying isn’t enough of a bummer, after you die, California law generally requires that your property be probated before it can be distributed to your heirs, whether or not you have a will! Probate requires that a court-appointed representative of your estate must petition the court for an order that your property be distributed in a certain fashion. This can be slow (frequently a year or longer), intrusive (certain documents pertaining to your life and finances will be available to the public), and expensive! Consider this alarming scenario:

You die owning a house worth $500,000 and have $200,000 in a savings account. The house has a $400,000 mortgage, and thus only $100,000 of equity. However, California law sets fees for the attorney probating the estate and the executor of the estate based on the estate’s gross value, or, in this case, $700,000. The upshot? The attorney receives $17,000; the executor receives $17,000; even though the beneficiaries receive only about $300,000. And as if this isn’t disgusting enough, there would be costs such as filing and publication fees that could exceed $2,000. So the cost of probating this estate could be as much as $35,000: money that you wanted your beneficiaries to receive.

So what’s a person to do? Is there a legal way to chop through all this red tape?

Thankfully, there is indeed, and it’s called a revocable, or living, trust. With a living trust in place, one person (the trustee) holds property for the benefit of another (the trustor). The beauty of a living trust is that the trustor and trustee are usually the same person: You as trustor will transfer your property to yourself as trustee, to be held in trust for your benefit. Your financial life doesn’t change and you can amend or modify the trust and transfer and sell your property to your heart’s content! (Your son still refuses to get a haircut and you’ve decided to leave everything to the dog instead? No problem….).

Returning to reality, upon your death, your assets will avoid probate because you’ve transferred them all to the living trust, which now owns all the property, leaving nothing to probate! Also, the trust will now become irrevocable (unchangeable), and must be distributed according to your wishes. A successor trustee, whom you’ve named in the trust, will take over managing and distributing the trust. If the successor trustee retains an attorney to administer the trust and distribute the assets, typically the fees and costs associated with the administration of a trust pale in comparison to those of probating the same estate. And, in the event you decide that instead of worrying about administering your estate during your life, you’d rather spend your later years snowboarding in Vale, or taking Zumba classes, or whatever makes your day, the successor trustee can take over for you in managing your trust assets according to your wishes.

Well, you may be saying, that all sounds Perfectly Peachy, but why shouldn’t I Do It Myself and maybe save even more money? Or use one of those nifty little lawyer-free legal services that are forever sticking “WE DO TRUSTS CHEAP!” pamphlets under my door? The simple answer is that a trust isn’t simple, and it won’t serve its purpose if it’s not done correctly. Depending on your situation, finances, holdings, and particularly your own desires, you need a reputable attorney with estate-planning experience to determine what kind of living trust you need, and even in some cases, whether a trust is the best answer for you. (There are cases where a simple Will is a better choice, although these are becoming less and less frequent). For a flat fee, most estate planning attorneys will assess your needs and wants, prepare your Trust; Pourover Will; Powers of Attorney; Advance Health Care Directives; and the deeds that are needed to transfer real estate into your trust. They will listen to your concerns, answer your questions, and make sure that your estate runs smoothly.

And once that’s done, you can rest easy and enjoy your Zumba class.

Jason A. Fetchik is an attorney at Driskell & Gordon, a probate and litigation firm in Glendora. He can be reached at 626-914-7809 or at driskellgordon.com