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July 19, 2004
iranian.com

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Slipping and suing
I slipped and fell in a grocery store over one year ago. Although I did not go to see a doctor, recently I have sharp shooting pains down my neck and back. Is it too late to file suit against the grocery store?

It is not too late. For slip and fall injuries, as well as automobile accidents, California law allows for a two year statute of limitations from the date of the injury. Of course, the grocery store would contest the severity of the injuries since you did not consult a physician regarding you injuries. Nevertheless, if you could show that the grocery store was negligent, the fact that you did not see a doctor until more than one year after your injury would, at most, reduce the amount of money that you could recover as a result of this accident.

Insurance info
I was involved in a car accident last week. A car rear-ended our vehicle and when the driver got out of the car, he admitted that the accident was his fault and gave me his insurance information (Farmers Insurance). I called Farmers right away and reported the accident. Their first question was whether I had insurance. I told them that I would have to check my records and I would call them back. Why would they want to know about my insurance information? It was their driver’s fault. What should I say?

The reason that the Farmer’s Insurance agent wanted to know about your insurance is because without insurance, Farmers is only obligated to pay the actual amount of damages that can be proven. This amount includes damages to your vehicle and your actual medical bills. In other words, they would not be responsible for pain and suffering. This is known as California Proposition 213, which works as follows:

Damages are categorized as special or general. Special damages consist of all economic (out-of-pocket) losses that can be documented such a medical bills, loss of income and car repair. General damages cannot be quantified by reference to bills or receipts. The most common example of general damages are pain and suffering and emotional distress.

In order to promote every individual in California to possess valid car insurance, Proposition 213 states that if your vehicle is not insured and you are involved in an accident, you recovery is limited to special damages. For illustration purposes, if an individual, without insurance, is involved in an accident and there is $2,000 in damages to the vehicle, $1,000 in medical bills, your rent-a-car is $250 and missed work is $400, the most that the insurance company would pay is $3,650. However, if this same individual had valid car insurance, he or she would recover additional money for pain and suffering which are attributable to the car accident.

Ali Taheripour, Esq.: a_taheripour@yahoo.com
Law Offices of Ali Taheripour
12754 Ventura Blvd, Ste D
Studio City, CA 91604
Tel: (818) 754-6777
Fax: (818) 754-6778

Main areas of practice are civil litigation (including personal injury) and immigration law.

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