Frequently Asked Questions

Yes. Under California Labor Code § 201, if you are terminated or laid off, your employer must pay all wages owed — including accrued vacation — at the time of termination. There is no grace period.

If you resign with at least 72 hours' notice, your employer must pay your final wages on your last day. If you resign without 72 hours' notice, the employer has 72 hours to pay.

If your employer fails to pay on time, you may be entitled to waiting time penalties of up to 30 days of additional pay at your daily rate (Labor Code § 203). These penalties can add up quickly.

No. California Labor Code § 132a makes it illegal for an employer to terminate, threaten, or discriminate against an employee for filing or intending to file a workers' compensation claim. If your employer fires you or takes adverse action because you were injured on the job or filed a claim, you may have both a workers' compensation retaliation claim and a wrongful termination claim.

Remedies can include reinstatement, back pay, a penalty of up to $10,000, and costs and expenses up to $250. You may also pursue a separate civil lawsuit for wrongful termination in violation of public policy, which can include damages for emotional distress and potentially punitive damages.

Yes. Under California's strict liability laws, manufacturers, distributors, and retailers can be held liable for injuries caused by defective products — even if they weren't negligent. There are three types of product defects:

• Design defects: The product's design is inherently dangerous (e.g., a seatbelt that fails on impact)
• Manufacturing defects: An error during production makes a specific unit dangerous
• Marketing defects (failure to warn): The product lacks adequate warnings or instructions about known risks

This applies to everything from dangerous drugs and defective medical devices to consumer products and vehicle components. Preserve the defective product and its packaging as evidence, and contact an attorney promptly.

Yes, but claims against government entities (cities, counties, the State of California, school districts, transit agencies) follow special rules under the California Tort Claims Act (Government Code § 810 et seq.). The most critical difference is the administrative claim deadline: you must file a formal claim with the government entity within 6 months of the injury — not 2 years like most personal injury cases.

If the government rejects your claim (or fails to respond within 45 days), you then have 6 months to file a lawsuit. Missing the administrative claim deadline almost always bars your case entirely, with very limited exceptions.

Common government liability scenarios include dangerous road conditions, public transit accidents (bus accidents, train accidents), injuries on public property, and police misconduct. Contact Arnold Law Firm immediately if you've been injured due to government negligence — the 6-month deadline is unforgiving.

Yes, but rideshare accident claims involve unique insurance complexities. Uber and Lyft provide tiered insurance coverage depending on the driver's status at the time of the accident:

• App off: Only the driver's personal insurance applies
• App on, waiting for a ride request: Limited liability coverage from the rideshare company (typically $50,000/$100,000)
• En route to pick up or during a trip: Up to $1 million in liability coverage from the rideshare company

Determining which coverage applies requires establishing exactly what the driver was doing at the time of the crash. Arnold Law Firm has experience navigating these layered insurance policies.

No. California has some of the strongest whistleblower protections in the country. Under Labor Code § 1102.5, employers are prohibited from retaliating against employees who report suspected violations of law to a government agency, law enforcement, or a supervisor. Retaliation includes termination, demotion, reduction in hours, pay cuts, reassignment, threats, and other adverse employment actions.

If your employer retaliates against you for whistleblowing, you can file a complaint with the California Labor Commissioner or pursue a civil lawsuit. Remedies may include reinstatement, back pay, front pay, damages for emotional distress, and attorney's fees.

Additional anti-retaliation protections exist for employees who report workplace safety violations (OSHA complaints), file workers' compensation claims, report wage theft, or participate in investigations or lawsuits against their employer.

Under FEHA, California employers with 5 or more employees must provide reasonable accommodations to qualified employees with physical or mental disabilities, unless doing so would cause the employer undue hardship. California's definition of "disability" is broader than the federal ADA and covers conditions that merely "limit" (not "substantially limit") a major life activity.

Reasonable accommodations may include modified work schedules, ergonomic equipment, reassignment to a vacant position, additional breaks, telecommuting, or leave for treatment. Your employer must engage in a timely, good-faith interactive process with you to identify possible accommodations.

If your employer refuses to accommodate your disability or retaliates against you for requesting accommodation, you may have a valid FEHA claim.

Insurance adjusters are trained to minimize payouts. When they ask you for a recorded statement, they're looking for anything they can twist to reduce or deny your claim.

Even innocent statements can be used against you. Saying "I'm okay" after a crash can be reframed as an admission that you weren't injured. Adjusters may also ask the same question multiple ways to get you to make contradictory statements, admit partial fault, or downplay injury severity.

Do not provide a recorded statement to the other driver's insurance company until you've spoken with an attorney. If they contact you, politely tell them to direct questions to your lawyer. Let your attorney handle all communications with the insurance company on your behalf.

The best way to find out is to consult with an experienced attorney. During a free case evaluation at Arnold Law Firm, we'll review the facts of your situation, explain the applicable law, assess the strength of your claim, and give you an honest evaluation of your options.

Not every injury or workplace dispute results in a legal case, and we'll tell you honestly if we don't think you have a viable claim. But many people have stronger cases than they realize — especially in situations involving insurance company lowball offers, employer retaliation, or injuries that seem minor initially but worsen over time.

Call Arnold Law Firm at (916) 777-7777 or submit a free case evaluation online. There is no cost and no obligation.

In California, the statute of limitations for most personal injury cases is two years from the date of injury (California Code of Civil Procedure § 335.1). If you miss this deadline, you generally lose your right to sue.

However, there are important exceptions:

• Claims against government entities (cities, counties, state agencies) require filing an administrative claim within 6 months of the injury
• Medical malpractice claims must be filed within 1 year of discovering the injury, or 3 years from the date of injury, whichever comes first (Code of Civil Procedure § 340.5)
• Minors: The statute of limitations may be tolled (paused) until the child turns 18
• Discovery rule: In some cases, the clock doesn't start until you discover—or reasonably should have discovered—the injury and its cause

Because these deadlines are strict and the exceptions are complex, consult an attorney immediately after your injury. Contact Arnold Law Firm at (916) 777-7777 for a free consultation.

The deadlines depend on which agency and court you're filing with:

• California Civil Rights Department (CRD, formerly DFEH): You must file an administrative complaint within 3 years of the discriminatory act (as extended by recent legislation)
• Federal EEOC: You must file within 300 days of the discriminatory act (when a state agency like CRD exists)
• Lawsuit in court: After receiving a Right-to-Sue notice from CRD, you generally have 1 year to file a civil lawsuit

For wage and hour claims, the statute of limitations is generally 3 years for most violations, and 4 years if you include an Unfair Competition Law (UCL) claim.

These deadlines are strict and can be complex. Contact Arnold Law Firm as soon as possible to ensure your rights are protected.

The deadlines depend on which agency and court you're filing with:

• California Civil Rights Department (CRD, formerly DFEH): You must file an administrative complaint within 3 years of the discriminatory act (as extended by recent legislation)
• Federal EEOC: You must file within 300 days of the discriminatory act (when a state agency like CRD exists)
• Lawsuit in court: After receiving a Right-to-Sue notice from CRD, you generally have 1 year to file a civil lawsuit

For wage and hour claims, the statute of limitations is generally 3 years for most violations, and 4 years if you include an Unfair Competition Law (UCL) claim.

These deadlines are strict and can be complex. Contact Arnold Law Firm as soon as possible to ensure your rights are protected.

There is no one-size-fits-all timeline, but most personal injury cases follow a general progression:

• Treatment phase (weeks to months): You focus on recovering from your injuries. Your attorney shouldn't settle your case until you've reached maximum medical improvement (MMI) so the full extent of your damages is known.
• Demand and negotiation phase (1–3 months): Your attorney sends a demand to the insurance company and negotiates a fair settlement.
• Litigation phase (if needed, 1–2+ years): If the insurance company won't offer a fair settlement, your attorney files a lawsuit. This involves discovery, depositions, and potentially a trial.

Simpler cases (like minor car accidents with clear liability) may settle in a few months. Complex cases involving catastrophic injuries, multiple parties, or disputed liability can take two years or longer.

Arnold Law Firm handles personal injury cases on a contingency fee basis, which means you pay no upfront fees and no hourly charges. We only get paid if we win your case. Our fee is a percentage of the compensation we recover for you.

This arrangement allows anyone to access quality legal representation regardless of their financial situation. During your free consultation, we'll explain our fee structure in detail so there are no surprises.

Fee structures for employment cases vary depending on the type of claim. Many employment cases—particularly discrimination, harassment, wrongful termination, and retaliation cases—are handled on a contingency fee basis, similar to personal injury cases: you pay nothing unless we recover compensation for you.

Some employment matters, particularly wage and hour claims, may also allow for recovery of attorney's fees from the employer under California law, meaning your employer pays your legal costs if you win.

Contact Arnold Law Firm for a free consultation. We'll explain the fee arrangement that applies to your specific situation.

The value of a personal injury case depends on several factors unique to your situation. California law allows you to recover two main types of damages:

Economic damages are your measurable financial losses, including medical bills (past and future), lost wages, loss of earning capacity, property damage, and out-of-pocket expenses. These are calculated using documentation like bills, pay stubs, and expert projections.

Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These are more subjective and depend on the severity and permanence of your injuries and how they've affected your daily life.

In cases involving extreme recklessness or intentional harm, you may also recover punitive damages. Insurance policy limits may also affect your total recovery. Arnold Law Firm will conduct a thorough evaluation and fight to maximize your compensation. Call (916) 777-7777 for a free case evaluation.

You should seek medical attention as soon as possible after any accident, ideally the same day or within 24–48 hours. This is important for two reasons.

First, it protects your health. Some injuries such as spinal cord injuries, internal bleeding, or concussions may not produce immediate symptoms. Adrenaline can mask pain for hours or even days.

Second, it protects your legal claim. If you delay treatment, the insurance company will argue that your injuries aren't serious or weren't caused by the accident. Prompt medical records create a clear link between the accident and your injuries, which is essential for proving causation.

If you don't have a doctor, go to an urgent care clinic or emergency room. Keep all medical records and bills. Your attorney will use these to build your case.

California's overtime laws are more generous to employees than federal law. Under the California Labor Code:

• Employees are entitled to 1.5x their regular rate for hours worked beyond 8 hours in a day or 40 hours in a week
• Employees are entitled to 2x their regular rate for hours worked beyond 12 hours in a day or beyond 8 hours on the 7th consecutive day worked in a workweek

These rules apply to most non-exempt employees. Exempt employees (generally salaried workers in executive, administrative, or professional roles earning at least 2x the state minimum wage) are not entitled to overtime. However, many employers misclassify employees as exempt to avoid paying overtime — a common wage and hour violation.

If your employer is not paying you proper overtime, you may be entitled to back pay, penalties, interest, and attorney's fees.

California law provides strict break requirements for non-exempt employees:

Meal breaks: Employers must provide a 30-minute unpaid meal break for shifts over 5 hours, and a second 30-minute meal break for shifts over 10 hours. During meal breaks, you must be relieved of all duties. If your employer requires you to work during a meal break (or makes it impractical to take one), you're entitled to one additional hour of pay at your regular rate.

Rest breaks: Employers must provide a paid 10-minute rest break for every 4 hours worked (or major fraction thereof). Rest breaks should fall in the middle of each work period when practicable.

Meal and rest break violations are among the most common wage and hour disputes in California. If your employer regularly prevents you from taking breaks, you may be entitled to significant penalties.

Traumatic brain injuries often result in significant compensation because of the life-altering nature of these injuries. Damages may include extensive medical treatment (emergency care, surgery, rehabilitation, therapy), lifetime care costs for severe TBIs, lost wages and diminished earning capacity, cognitive and emotional changes (personality shifts, memory loss, depression), pain and suffering, and loss of enjoyment of life.

Moderate to severe TBI cases frequently involve millions of dollars in lifetime medical costs. Arnold Law Firm works with medical experts, life care planners, and economists to fully document the long-term impact of your brain injury and maximize your compensation.

Retaliation occurs when your employer takes an adverse employment action against you because you engaged in a legally protected activity. Protected activities include filing a discrimination or harassment complaint, reporting wage violations, filing a workers' compensation claim, taking FMLA/CFRA leave, reporting workplace safety hazards, refusing to participate in illegal activity, and cooperating in a government investigation.

Adverse actions aren't limited to termination. They can include demotion, pay cuts, schedule changes, negative performance reviews, hostile treatment, reassignment to undesirable duties, or any action that would discourage a reasonable employee from exercising their rights.

California courts take a broad view of what constitutes retaliation. If you suspect you're being retaliated against, document everything and consult an employment attorney before the situation escalates.

If you're hit by an uninsured driver, you still have options. The most common path is filing a claim under your own Uninsured Motorist (UM) coverage if you carry it. California law requires insurance companies to offer UM coverage, though you're not required to purchase it.

You can also file a lawsuit directly against the uninsured driver, though collecting a judgment from someone without insurance can be difficult.

This is one of many reasons why we recommend California drivers carry robust UM/UIM coverage. If you've been injured by an uninsured driver, Arnold Law Firm can evaluate all available sources of compensation for your case.

Be very cautious about accepting an early settlement offer from an insurance company. These initial offers are almost always far below what your case is actually worth. Insurance adjusters know that injured people face mounting medical bills and financial pressure, and they try to settle quickly before you understand the full extent of your injuries and damages.

Once you accept a settlement and sign a release, you cannot go back and ask for more money, even if your injuries turn out to be worse than expected. Before accepting any offer, consult with a personal injury attorney who can evaluate the true value of your claim.

Arnold Law Firm offers free case evaluations and works on a contingency fee basis, so there's no cost to find out what your case is really worth.

Despite California allowing undocumented immigrants to obtain a driver's license (AB 60), some remain unlicensed and uninsured. If you're injured in this scenario, you still have legal options.

Your primary remedy is filing a claim under your own Uninsured Motorist (UM) coverage, if you have it. UM is an optional add-on in California, so check your policy. You may also be able to sue the at-fault driver directly, though collecting a judgment may be difficult. In some cases, a third party (such as the driver's employer or the owner of the vehicle) may share liability.

The immigration status of the at-fault driver does not prevent you from filing a personal injury claim. Contact Arnold Law Firm to discuss your options.

Yes. California follows a pure comparative fault system (also called pure comparative negligence), which means you can recover compensation even if you were partially at fault for the accident. Your total award is simply reduced by your percentage of fault.

For example, if your total damages are $100,000 and you are found 30% at fault, you would recover $70,000. Even if you were 99% at fault, you could still recover 1% of your damages.

Insurance companies often try to exaggerate your share of fault to reduce what they owe you. An experienced attorney can fight back against these tactics. Learn more on our California comparative fault page.

A nondelegable duty is a legal obligation that cannot be transferred to another party — even by hiring an independent contractor. When someone with a nondelegable duty delegates the work and the contractor causes harm, the original party remains liable.

Common nondelegable duties in California include a property owner's duty to maintain safe premises, a hospital's duty to provide competent medical care, a general contractor's responsibility for worksite safety, and a landlord's obligation to maintain habitable conditions.

This legal doctrine is important because it prevents companies and property owners from avoiding liability simply by outsourcing dangerous work.

A wrongful death claim is a civil lawsuit filed when someone dies due to another person's or entity's negligence or wrongful act. Under California Code of Civil Procedure § 377.60, the following people may file a wrongful death claim:

• The deceased person's surviving spouse or domestic partner
• The deceased person's children
• If there is no surviving spouse or children, anyone who would be entitled to the property under California's intestate succession laws (such as parents or siblings)

Wrongful death claims can recover funeral and burial expenses, loss of the deceased person's income, loss of companionship and emotional support, and the value of household services the deceased provided. California has a two-year statute of limitations for wrongful death claims from the date of death.

California's Fair Employment and Housing Act (FEHA) prohibits harassment based on any protected characteristic, including race, sex, gender identity, sexual orientation, religion, national origin, disability, age (40+), and several others. Workplace harassment can take two forms:

Quid pro quo harassment occurs when a supervisor conditions employment benefits (promotions, assignments, continued employment) on submitting to unwelcome conduct, typically sexual in nature.

Hostile work environment harassment occurs when unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an abusive working environment. This can include offensive jokes, slurs, physical intimidation, threats, or displaying offensive materials.

A single incident can constitute harassment if it is sufficiently severe (such as a physical assault or a highly offensive epithet). Employers are strictly liable for harassment by supervisors and may be liable for harassment by coworkers if they knew or should have known and failed to take corrective action.

Employee misclassification occurs when an employer labels a worker as an independent contractor instead of an employee to avoid paying benefits, overtime, payroll taxes, and workers' compensation insurance. Under California's ABC Test (established by the Dynamex decision and codified in AB 5), a worker is presumed to be an employee unless the employer can prove all three of the following:

• (A) The worker is free from the control and direction of the hiring entity
• (B) The worker performs work outside the usual course of the hiring entity's business
• (C) The worker is customarily engaged in an independently established trade or business

If you've been misclassified, you may be owed unpaid overtime, missed meal and rest break premiums, expense reimbursements, and other benefits. Arnold Law Firm can evaluate whether your classification is proper.

A police report serves several important functions in a personal injury claim:

It documents that the accident happened. If the at-fault driver or their insurance company later tries to deny the accident occurred, the police report is official proof.

It contains an officer's preliminary findings. The report typically includes details about how the accident happened, road and weather conditions, witness statements, and sometimes the officer's opinion on who was at fault. If the officer suspects intoxication, that will also be noted.

It preserves key information. The report includes insurance details, contact information for all parties, and witness contact information that may be critical to your case.

Even if police were not called to the scene, you can often file a report after the fact. Always obtain a copy of the police report and provide it to your attorney.

California is an "at-will" employment state, which means employers can generally terminate employees for any reason or no reason. However, there are important exceptions. Termination is wrongful if your employer fired you:

• Because of your protected characteristic (race, gender, age, disability, religion, national origin, sexual orientation, pregnancy, etc.) under the California Fair Employment and Housing Act (FEHA)
• In retaliation for reporting illegal activity, filing a workers' compensation claim, taking protected leave, or exercising other legal rights
• In violation of an employment contract (written or implied)
• In violation of public policy (for example, firing you for refusing to commit an illegal act)
• For taking protected medical or family leave under FMLA or CFRA

If you believe you were wrongfully terminated, document everything, preserve any relevant communications (emails, texts, performance reviews), and consult an employment attorney promptly. California has strict deadlines for filing employment claims.

Truck accident cases are significantly more complex than typical car accidents for several reasons. Commercial trucks are governed by the Federal Motor Carrier Safety Regulations (FMCSRs), which impose strict requirements on drivers, trucking companies, and vehicle maintenance. Violations of these regulations can establish negligence.

Multiple parties may be liable, including the truck driver, trucking company, cargo loader, and vehicle manufacturer. Trucking companies also carry much higher insurance policies (often $1 million or more), which means their insurers fight harder to avoid paying claims. These cases require specialized investigation, including obtaining electronic logging device (ELD) data, driver qualification files, and maintenance records before evidence is destroyed.

If you've been injured in a truck accident, contact Arnold Law Firm immediately — trucking companies send investigators to the scene quickly, and critical evidence can disappear fast.

California employees may be entitled to protected leave under multiple laws:

California Family Rights Act (CFRA): Employers with 5+ employees must provide up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child, to care for a seriously ill family member (spouse, child, parent, grandparent, grandchild, sibling, or domestic partner), or for your own serious health condition.

Federal FMLA: Similar to CFRA but applies to employers with 50+ employees within 75 miles. CFRA and FMLA run concurrently in most cases.

Pregnancy Disability Leave (PDL): Up to 4 months of leave for employees disabled by pregnancy, childbirth, or related conditions — in addition to CFRA leave.

California Paid Family Leave (PFL): Provides up to 8 weeks of partial wage replacement (through EDD, not your employer) when you need time off to care for a seriously ill family member or bond with a new child.

Your employer cannot fire or retaliate against you for taking protected leave. If you've been denied leave or punished for requesting it, contact Arnold Law Firm.

A personal injury case arises when someone else's negligence, recklessness, or intentional conduct causes you physical or emotional harm. Common examples include car accidents, slip-and-fall injuries, dog bites, defective products, and medical malpractice. To have a valid claim, you generally need to show that the other party owed you a duty of care, breached that duty, and that the breach caused your injuries.

If you're unsure whether your situation qualifies, contact Arnold Law Firm for a free case evaluation.

To make your initial consultation as productive as possible, bring any of the following that you have available:

• The police report or incident report
• Photos and videos of the accident scene, your injuries, and property damage
• Medical records and bills related to your injuries
• Insurance information (yours and the at-fault party's)
• Any correspondence from insurance companies
• Pay stubs or documentation of lost wages
• Names and contact information of witnesses
• A written timeline of events (your notes about what happened)
• Any documents you've signed related to the accident

Don't worry if you don't have everything — we can help you gather the necessary documentation. The most important thing is to schedule your consultation sooner rather than later to protect your rights.

For an employment law consultation, the following documents and information are helpful:

• Your employment contract or offer letter (if you have one)
• Your employee handbook or relevant company policies
• Pay stubs and records of hours worked
• Any performance reviews or disciplinary actions
• Written communications related to your complaint (emails, texts, letters, HR correspondence)
• Documentation of your complaint to HR or management
• Any termination letter or written reason for your firing
• A timeline of key events (when you were hired, when problems started, when you complained, when you were terminated)
• Contact information for witnesses who can corroborate your account

The more documentation you have, the stronger your case. But don't delay your consultation just because you don't have everything yet.

If you're experiencing workplace harassment or discrimination, take these steps to protect yourself and your legal rights:

1. Document everything — keep a detailed log of incidents including dates, times, witnesses, and what was said or done. Save copies of emails, texts, and other communications
2. Report the conduct through your employer's complaint process (HR, supervisor, or designated complaint channel). Make your complaint in writing whenever possible so there's a record
3. Review your employee handbook for your employer's anti-harassment and discrimination policies
4. Do not retaliate or engage in the same conduct
5. Consult an attorney — an employment lawyer can advise you on your rights and the best strategy before you take action that could affect your case
6. File a complaint with the CRD if your employer doesn't address the problem. You can also file with the federal EEOC

California law protects you from retaliation for reporting harassment or discrimination in good faith.

If you're the victim of a hit-and-run accident, take these steps:

1. Call 911 immediately — reporting the accident creates an official record and may help identify the driver
2. Note everything you can about the fleeing vehicle (make, model, color, license plate, direction of travel)
3. Ask witnesses if anyone saw the vehicle or captured dashcam/phone footage
4. Seek medical attention for your injuries
5. File a claim under your UM coverage — your own Uninsured Motorist policy may cover your injuries and damages
6. Contact an attorney — we can work with investigators and law enforcement to locate the at-fault driver

California Vehicle Code § 20002 makes it a crime to leave the scene of an accident. Even if the driver is never found, your UM coverage can help you recover compensation.

If you believe your employer is violating California wage and hour laws — by not paying overtime, skipping meal or rest breaks, paying below minimum wage, or failing to reimburse business expenses — you should:

1. Keep your own records of hours worked, breaks taken (or missed), and pay received
2. Review your pay stubs — California law requires detailed, accurate pay stubs (Labor Code § 226), and violations can result in penalties
3. Raise the issue with HR or your supervisor in writing, if you feel safe doing so
4. File a wage claim with the California Labor Commissioner (DLSE), or
5. Consult an employment attorney — Arnold Law Firm can help determine whether you have an individual claim or a potential class action on behalf of other affected workers

The statute of limitations for most wage claims is 3 years, or 4 years with a UCL claim. Don't wait. Penalties and interest accrue over time, and evidence can be lost.

The steps you take right after an accident can significantly impact your ability to recover compensation. If possible, you should:

1. Call 911 and report the accident to police
2. Seek medical attention immediately, even if you feel fine. Some injuries like traumatic brain injuries or whiplash may not show symptoms right away
3. Document the scene by taking photos and videos of vehicle damage, road conditions, traffic signals, and your injuries
4. Exchange information with other drivers (name, insurance, license plate)
5. Get witness contact information if bystanders saw the accident
6. Do not admit fault or apologize at the scene
7. Do not give a recorded statement to the other driver's insurance company before consulting a lawyer
8. Contact an attorney as soon as possible to protect your rights

The sooner you consult with a Sacramento personal injury attorney, the better we can preserve evidence and build your case.

Arnold Law Firm's employment law practice represents California employees in a wide range of workplace disputes, including wrongful termination, workplace discrimination (based on race, gender, age, disability, religion, sexual orientation, and other protected characteristics), sexual harassment, retaliation for whistleblowing or reporting illegal activity, wage and hour violations (unpaid overtime, meal and rest break violations, misclassification), FMLA/CFRA leave violations, failure to accommodate disabilities, and hostile work environment claims.

If your employer has violated your rights under California or federal employment law, contact us for a free consultation.

There are several accident scenarios when having UM/UIM coverage may be useful.

Hit-and-Run Accidents

When the at-fault driver flees the scene of an accident, there may not be any available insurance for some time. In fact, only about 10 percent of all hit-and-run drivers are caught and held accountable.

Even when these drivers are caught, it is likely they do not carry insurance. This may be why they fled the scene of the accident in the first place.

No-Contact Accidents

A no-contact accident occurs when one driver causes an accident without ever damaging his or her vehicle. An example of this is if a driver runs you off the road, causing you to crash into a solid object, and then keeps going.

Even though you are not at fault for the collision, there is no other driver whose insurance you can file a claim with because the other driver likely has no idea the crash happened.

Accidents With Unlicensed or Undocumented Drivers

UM/UIM coverage may also be useful if you are injured in an accident with an unlicensed driver, as he or she most likely does not have insurance coverage.

Although undocumented immigrants can obtain a driver’s license in California, so they can purchase insurance, data shows that many cancel or downgrade their coverage shortly after paying their first premium.

Why You Should Carry More Uninsured/Underinsured Motorist Coverage in California

UM/UIM coverage can be critical in several common scenarios:

Hit-and-run accidents: When the at-fault driver flees the scene, your UM coverage may be the only available source of compensation. Only about 10% of hit-and-run drivers are ever identified.

No-contact accidents: If another driver runs you off the road without making contact with your vehicle, their insurance typically won't apply. UM coverage can fill that gap.

Underinsured drivers: California only requires $30,000/$60,000 in liability coverage, which may not come close to covering serious injuries. UIM coverage pays the difference between the at-fault driver's policy limits and your actual damages.

Accidents with unlicensed or uninsured drivers: Drivers without a license often lack insurance as well. UM coverage protects you in these situations.

We strongly encourage all California drivers to carry UM/UIM limits that match their liability limits.

Under California law, property owners and occupiers have a duty to maintain their property in a reasonably safe condition. If a dangerous condition on someone else's property causes your injury, the property owner, tenant, or property manager may be liable.

Common premises liability scenarios include wet floors without warning signs, broken stairs or handrails, inadequate lighting, uneven sidewalks, swimming pool accidents, and negligent security.

To prove a premises liability claim, you generally need to show that the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. Document the hazard with photos if possible, report the incident to the property owner, and seek medical attention immediately.

Generally, no. Under federal tax law (IRC § 104(a)(2)), compensation received for physical injuries or physical sickness is not taxable income. This includes settlements and jury awards for medical bills, lost wages tied to a physical injury, pain and suffering, and emotional distress stemming from a physical injury.

However, certain portions of a settlement may be taxable, including punitive damages, interest on the judgment, and compensation for emotional distress that is not connected to a physical injury.

Because tax implications vary by case, consult with a tax professional about your specific settlement. Arnold Law Firm can help structure settlements to minimize your tax exposure.