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After a crash on Central, Holt or the 10, you will hear a lot of advice from friends, family and the other driver’s insurance company. Some of it is wrong in ways that cost people money. Below are the myths we hear most often from Montclair drivers, and the facts under California law.
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Each of these comes up in real consultations. None of them is a reason to panic, but each one is worth getting right before you talk to an adjuster or sign anything.
California is a fault state. The driver who caused the crash is legally responsible for your injuries and losses, and their liability insurance is normally what pays. Your own coverage can help in the meantime, but it does not replace the claim against the driver at fault.
California uses pure comparative fault, a rule set by the state Supreme Court in Li v. Yellow Cab Co. If you were 25 percent to blame, you recover 75 percent of your damages. Insurers often assign drivers more fault than the evidence supports, so their percentage is an opening position, not a verdict.
The report matters, and we always get it. But the officer usually did not see the crash, insurers make their own fault decisions, and in California a police report generally is not admissible to prove fault at trial. Photos, witnesses, camera footage and vehicle damage often carry more weight.
In Montclair: many crashes happen near Montclair Place and along Central Avenue, where businesses have cameras. That footage is often recorded over within days or weeks, so ask for it fast.
Not if you have uninsured motorist (UM) coverage on your own policy. It pays when the at-fault driver has no insurance or drives away. Underinsured motorist (UIM) coverage helps when the other driver’s limits are too low, and MedPay can pay medical bills regardless of fault. California’s minimum liability limits are only $30,000 per person and $60,000 per accident for injuries (and $15,000 for property damage) since January 1, 2025, so your own coverage often matters. See our uninsured motorist page.
Under Proposition 213 (Civil Code section 3333.4), an uninsured driver generally cannot recover pain and suffering from the at-fault driver. You can still recover medical bills, lost wages and property damage, so a claim is often still worth bringing. Just go in with the right expectations.
In California, an insurer cannot require you to use a particular repair shop. A total-loss offer can be challenged with comparable vehicles and your car’s real condition and options. And a repaired car can be worth less than before the crash. That lost value, called diminished value, can be part of a claim against the at-fault driver.
Why we notice: before law school, attorney Francisco Morales worked as a certified automotive service consultant. He reads estimates and total-loss reports line by line.
Neck, back and head injuries often show up a day or two later. Get checked the same day if you can. A long gap before your first visit is one of the first things an adjuster will use to argue the crash did not hurt you.
Modern bumpers are built to absorb impact and spring back. A bumper cover that looks fine can hide a crushed reinforcement bar or broken brackets behind it, and the force still goes somewhere: into the people in the car. Damage photos alone do not tell you how badly someone was hurt.
California law lets you recover the full harm the crash caused. That includes economic damages (past and future medical care, lost wages, lost earning capacity, car repair or replacement, rental and towing) and non-economic damages (pain, emotional distress, loss of enjoyment of life, scarring). In serious cases the second group is often the larger one. Read what affects a case’s value.
First offers usually come before anyone knows how you will heal, and they are priced to close the file. Once you sign a release, the claim is over for good. More on that in should you take the first settlement offer.
Two years (Code of Civil Procedure § 335.1) is the deadline to file an injury lawsuit, not a timeline for building the case. Camera footage, vehicle data and witness memories are gone long before that. And if a public agency is involved, the real deadline is six months.
You can, but you must first file a written claim with the agency, usually within six months (Government Code § 911.2). That applies to city or county vehicles, Caltrans road conditions, and public transit.
In Montclair: the Montclair Transcenter is served by Metrolink, Foothill Transit and Omnitrans, all public agencies. A crash with one of their buses or trains starts that six-month clock.
We work on contingency. You pay nothing up front, and the fee is a percentage of the recovery. If there is no recovery, you owe no attorney’s fee. The consultation is free.
The law is the same statewide: fault, damages, insurance rules and deadlines do not change at the county line. What changes is the court (San Bernardino County Superior Court instead of Los Angeles) and the agencies involved. Our office in San Dimas is about 13 miles from Montclair, roughly 15 to 20 minutes on the 10 or Arrow Highway.
Anyone hurt by a careless driver in California can bring an injury claim, and state law generally keeps immigration status out of personal injury cases. We talk with you privately, in English or Spanish.
Montclair is a small city, a little over five square miles on the western edge of San Bernardino County, bordered by Pomona, Claremont, Upland, Ontario and Chino. It carries more traffic than its size suggests because of three things: the 10 Freeway, the regional mall at Montclair Place, and the Montclair Transcenter, where trains and buses from both counties meet.
Most of the crashes we hear about from Montclair are not dramatic freeway pileups. They are rear-end crashes at a long light on Central, a left turn across Holt, or someone backing out of a space at the mall. Those cases are often decided by small details, which is why we move quickly on footage and photos.
Francisco grew up in West Covina and studied at UCLA and Loyola Law School. Before law school he was a certified automotive service consultant, so he understands cars, repair estimates and what crash damage says about a collision. He is bilingual, answers his own phone, and handles each case himself. You talk directly with him, not a case manager.
Send a few details. Francisco reads every one and calls back in English or Spanish. No cost, no obligation.
151 W. Bonita Ave., San Dimas, CA 91773
(626) 521-5402
From Montclair, take the 10 west to the 57 north, or Arrow Highway west through Pomona. Free parking downtown. If you cannot come to us, we come to you.
Get directionsThe Montclair Police Department, at 4870 Arrow Hwy., handles crashes on city streets. Crashes on the 10 are handled by the CHP Rancho Cucamonga Area office. We request the report for you.
Montclair Hospital Medical Center on San Bernardino Street has an emergency room inside the city, and San Antonio Regional Hospital in Upland is nearby. For major trauma, paramedics may go to a designated trauma center such as Pomona Valley Hospital Medical Center.
In San Bernardino County Superior Court. The West Valley courthouse is in Rancho Cucamonga, and some civil cases are assigned to the San Bernardino Justice Center. Most cases settle without a trial.
Two years from the crash for an injury lawsuit and three years for property damage. If a public agency is involved, a written claim is usually due within six months.
Yes. The same negligence rules apply in parking lots. Fault can be less clear than on the street, so the mall’s camera footage and your photos matter. Ask for footage quickly before it is recorded over.
Get medical care and the report number, then act quickly. Public transit agencies are public entities, so a written government claim is usually due within six months of the crash.
Yes. Under California’s pure comparative fault rule, your recovery is reduced by your share of the blame, not eliminated.
Your own uninsured motorist coverage can pay for your injuries, and MedPay can help with medical bills. We review your policy on the first call.
No. You are not required to, and those statements are often used to reduce claims. Give your own insurer the basic facts and refer the other insurer to your lawyer.
Nothing up front. We work on contingency, so the fee comes from the recovery. No recovery, no attorney’s fee. The consultation is free.
Sí. El abogado Francisco Morales es bilingüe y maneja todo su caso en español si usted lo prefiere. La consulta es gratis.
Free consultation in English or Spanish. No fee unless we win. Call before you give any insurance company a statement.