Understanding Their Experience and Specialization
- How long have you been practicing law, and how much of your practice is dedicated exclusively to California car insurance law?
- Are you familiar with the specific statutes and regulations in the California Insurance Code that pertain to my type of claim (e.g., uninsured motorist, underinsured motorist, bad faith, etc.)?
- Have you handled cases with facts similar to mine, such as those involving complex liability disputes, significant injuries, or denied claims?
- Can you describe your experience litigating against the major insurance companies operating in California (e.g., State Farm, GEICO, Allstate, Progressive)?
- What is your track record of success in securing favorable settlements and verdicts for your clients in car insurance disputes?
Assessing Your Specific Case
- Based on the initial facts I’ve provided, what is your preliminary assessment of the strengths and weaknesses of my car insurance claim?
- What specific challenges or hurdles do you anticipate we might face from the insurance company in my case?
- How does California’s comparative fault rule (Proposition 51) potentially impact my claim if I am found partially at fault for the accident?
- What types of damages am I likely entitled to recover under California law, including economic damages (medical bills, lost wages) and non-economic damages (pain and suffering)?
- Are there any unique aspects of my policy, such as uninsured/underinsured motorist (UM/UIM) coverage, medical payments (MedPay), or collision coverage, that will be crucial to my claim?
Navigating the Claims and Litigation Process
- What is the typical process for resolving a case like mine, from the initial demand package to potential litigation?
- How will you investigate my accident and gather evidence to build a strong case, such as obtaining police reports, witness statements, and expert testimony?
- What is your strategy for dealing with insurance adjusters who may use delay tactics or make lowball settlement offers?
- At what point in the process do you typically recommend filing a lawsuit, and what are the strategic reasons for doing so?
- How long do you estimate it will take to resolve my case, understanding that each case is unique?
Understanding Attorney Fees and Costs
- What is your fee structure? Do you work on a contingency fee basis, and if so, what percentage do you take from the recovery?
- Beyond your attorney fees, what other costs and expenses should I expect to be responsible for (e.g., filing fees, expert witness fees, court reporter costs)?
- How are those costs handled—are they deducted from the settlement after your percentage is calculated, or before?
- If the case does not result in a financial recovery, will I be responsible for any of these out-of-pocket costs?
- Can you provide a written fee agreement that clearly outlines all financial terms and my obligations?
Defining the Client-Attorney Relationship
- What will be my role, and what will be your role, in handling the claim and communicating with the insurance company?
- Who will be my primary point of contact within your firm, and how frequently can I expect updates on my case?
- What is the best way to communicate with you (email, phone), and what is your typical response time?
- What information or documentation can I start gathering now to assist you in building my case?
- How will you keep me informed about settlement offers, and who has the final authority to accept or reject an offer?
Addressing Complex Insurance Scenarios
- I have multiple insurance policies that might apply (e.g., from different households). How will you determine which policy is primary and how to maximize my recovery?
- The other driver is uninsured or underinsured. How will you pursue a claim under my own UM/UIM policy, and what specific strategies are needed to combat my own insurer’s tactics?
- I suspect my insurance company is acting in bad faith by unreasonably delaying or denying my claim. What evidence is needed to prove a bad faith case in California, and what additional damages are available?
- My claim involves a government entity (e.g., a city bus or a vehicle owned by a public agency). How does the California Government Claims Act impact the deadlines and procedures for my case?
- The insurance company has offered me a quick settlement. Why might it be inadvisable to accept it immediately, and what long-term implications could it have?
Preparing for Potential Outcomes
- What is a realistic valuation range for my case based on your experience with similar California claims and juries in our specific venue?
- What percentage of your cases typically settle before a lawsuit is filed, and what percentage proceed to trial?
- If my case goes to trial, what is your experience and comfort level in the courtroom, and how will you prepare me for testimony?
- What happens if the jury award is less than the insurance company’s final settlement offer? How does California’s “998 offer” rule impact cost recovery?
- After a settlement or verdict, how long does it typically take to receive the funds, and how are liens (from health insurers or Medicaid) handled and resolved?
