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If you were hurt in a crash on Foothill, Indian Hill, Towne, Base Line, the 10 or the 210, this guide walks through what happens next, chapter by chapter. When you are ready to talk, you will talk directly with attorney Francisco Morales, about 15 minutes away in San Dimas. Free consultation, no fee unless we win, English or Spanish.
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Most people have never been in a serious crash before, and nobody thinks clearly with the airbag dust still in the air. You do not have to do everything perfectly. These are the steps that matter most, in rough order.
Claremont is a small city with a lot of traffic passing through it. Commuters use it to get between the 10 and the 210, seven colleges put thousands of students on bikes and on foot, and the Village pulls in visitors who are looking for parking instead of watching the road. Here is what we see on the roads that come up most in Claremont cases.
Arrow Highway, Mills Avenue and the roads up toward the Claremont Hills and Mt. Baldy see their share too. The road matters because it decides who writes the report and which cameras might have caught the crash. Businesses in the Village and along Foothill often have cameras, but many record over themselves within days. More on the freeways: 10 Freeway crashes and 210 Freeway crashes.
California is a fault state, not a no-fault state. The driver who caused the crash, and that driver’s insurance company, are responsible for the harm. Fault is decided by the evidence: the report, the photos, the damage to the cars, witness accounts, video, and sometimes the data stored in the cars themselves.
Fault does not have to be all or nothing. California follows pure comparative fault, the rule the California Supreme Court adopted in Li v. Yellow Cab Co. in 1975. Each person’s share of the blame is figured as a percentage, and your recovery is reduced by yours. Even if you were mostly at fault, you can still recover the share caused by the other driver.
Insurance adjusters use this rule as a negotiating tool. A common move is to tell you that you were “partly at fault” for a crash where you were simply stopped at a light, and then make an offer reduced by 20 or 30 percent. Good early evidence is how you answer that.
There is one important exception. Under Proposition 213, now Civil Code section 3333.4, a driver who had no insurance at the time of the crash generally cannot recover non-economic damages like pain and suffering, even if the other driver was entirely to blame. Medical bills and lost wages can still be recovered, and the rule does not apply if the at-fault driver is convicted of driving under the influence.
After a crash there are usually several policies in the picture, and part of our job is finding all of them. In general:
If the other driver was working, driving for Uber or Lyft, or driving someone else’s car, more policies may apply. We read your declarations page on the first call so nothing is missed. More on uninsured motorist claims and rideshare crashes.
Nobody can tell you honestly what your case is worth on the first day. Value depends on the injury, the treatment, how long recovery takes, how the crash changed your daily life, and how much insurance is available. What we can tell you is what California law allows you to recover:
Ambulance, emergency room and imaging; doctor visits, physical therapy, chiropractic care, injections and surgery; care you will need in the future; lost wages and paid time off you burned; reduced earning capacity if you cannot return to the same work; and the cost of repairing or replacing your car, plus rental, towing and storage.
Pain, lost sleep, anxiety behind the wheel, missed family events, a semester you could not finish, the hikes and runs you stopped taking. These are real damages under California law, and on many injury cases they are the largest part of the claim.
Before law school, Francisco worked as a certified automotive service consultant, writing repair orders and reading estimates every day. When an adjuster writes a thin estimate, pushes cheaper parts, or totals a car at a number that will not buy a comparable one, he knows how to push back. A car that has been in a real crash can also be worth less after repair, and that diminished value can be claimed against the at-fault driver.
Those are outside limits. The practical deadlines come much sooner. Video gets recorded over, skid marks fade, and witnesses graduate and leave town. The sooner we start, the more there is to work with.
If a Claremont case has to be filed, it is usually filed in Los Angeles Superior Court at Pomona Courthouse South, at 400 Civic Center Plaza in Pomona. Some firms that advertise for Claremont point to the Rancho Cucamonga courthouse, but that is a San Bernardino County court. Claremont is in LA County.
Being close also matters in smaller ways. We can get to the intersection the same week, knock on doors in the Village for camera footage, and meet you at home, on campus or in the hospital if you cannot drive.
Francisco grew up in West Covina and went to UCLA and Loyola Law School. Before becoming a lawyer he was a certified automotive service consultant. He founded Morales Law Firm to represent injured people, never insurance companies. When you call, you talk directly with him, not a case manager, in English or Spanish, and he handles your case from start to finish.
He is a member of CAALA, CAOC, MABA, LACBA, AAJ and OCTLA. More about Francisco.
A few details is enough. Francisco will get back to you. For anything urgent, call or text (626) 521-5402.
The Claremont Police Department handles crashes on city streets such as Foothill Boulevard, Indian Hill Boulevard and Towne Avenue. Crashes on the 10 and the 210, including the ramps, are handled by the California Highway Patrol through its Baldwin Park Area office.
Claremont is in Los Angeles County, so a lawsuit is filed in Los Angeles Superior Court. A Claremont case is usually filed at Pomona Courthouse South, 400 Civic Center Plaza in Pomona. Most cases settle without going to trial.
Generally two years from the crash to file an injury lawsuit and three years for damage to your car. If a government vehicle or a dangerous public road was involved, a written government claim must be filed within six months.
Yes, if the driver was careless. Pedestrians and cyclists can recover the same kinds of damages as drivers. The driver’s liability insurance pays first, and your own auto policy’s uninsured motorist and MedPay coverage may also help even though you were not in a car.
Out-of-state policies still pay claims for crashes in California, but the limits may be low. If the student’s coverage is not enough, your own underinsured motorist coverage may pay the difference. We track down every policy that might apply.
No. California is a fault state. The driver who caused the crash, and that driver’s insurer, are responsible for your losses. MedPay on your own policy can pay some medical bills right away regardless of fault.
California uses pure comparative fault, so your recovery is reduced by your percentage of fault but not eliminated. Adjusters often overstate a driver’s share of fault to lower the offer, so the evidence gathered early matters.
You are not required to, and it usually does not help you. Report the crash to your own insurer, and refer the other driver’s adjuster to your lawyer.
Our consultation is free and we work on contingency. There is nothing to pay up front, our fee comes from the recovery, and if there is no recovery you owe no fee.
Yes. Attorney Francisco Morales speaks English and Spanish, and you will talk with him directly in whichever language you prefer.
You will talk directly with attorney Francisco Morales. No fee unless we win. Se habla español.