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Explosion injures 14 in downtown San Diego

Fourteen people were injured in an explosion on May 19th at the construction site for the Hilton San Diego Bayfront Hotel. The 30-story building is located on Harbor Drive near the San Diego Convention Center. The blast happened around 2:00 p.m. on the fifth floor, knocking out the northern side of the fourth to seventh floors of the hotel. It was discovered that the explosion was the result of a natural gas leak inside the hotel. Of the fourteen individuals hurt, three were injured critically. The three recieved burns that covered up to 35% of thier bodies, and were placed in medically-induced comas. Nine construction workers were taken to the UCSD Medical Center burn unit, and four others were transported to Scripps Mercy Hospital. One firefighter recieved a minor hand injury.

The fifth floor of the hotel is where the utility equipment is housed, and investigators believe that leaking gas exploded from boiler flames or an electrical spark. The full investigation could take as long as six months, but the damage is already worth an estimated $5 million. The Hilton San Diego Bayfront Hotel is being developed by two national firms: Portman Holdings and Phelps Program Management. Phelps Program Management is part of Hensel Phelps, which has violated federal OSHA standards ten times since 1974.

 If you or someone you know has been injured, contact the law firm of Estey & Bomberger in San Diego.

Injuries during Garage Sales are the Homeowner’s responsiility

Garage sales, common occurrences throughout the year especially when homeowners prepare to sell their homes, could leave homeowners with an unwanted lawsuit.

The homeowner hosting the garage sale is responsible should an injury occur to one of the patrons during the sale.

If a homeowner hosts a one time garage, most home owners insurance policies will cover any injuries but if you’re a homeowner who frequently oversees garage sales for the purpose of an extra income, your homeowners coverage might not cover injuries that occur during the sale events.

Homeowners’ coverage may also not cover you if you sell your items at a swap meet or flea market.

The Law Offices of Estey & Bomberger have represented clients who have been injured in personal injury cases arising from negligence during a garage sale or flea market. If you have been injured in such an accident or purchased an item that is unsafe or hazardous and you suffered an injury because of that item’s hazardous state, you may be entitled to compensation for your injuries, pain, suffering and lost wages.

Contact the attorneys at Estey & Bomberger for a free case consultation. If you cannot meet with them in their offices, they will meet you at a place convenient to you. You will never pay anything unless they win your case. Call the offices at 1-800-672-1036 for your free case consultation

For more on homeowner’s rights during garage sales and swap meets: http://realtytimes.com/rtcpages/20020531_garagesale.htm

How Insurance Companies Handle Your Collision or Property Damage Claim

To quickly get your car back on the road or have your total loss settled, it is important to understand how the insurance company processes your property damage (PD) claim.  In general, the process works like this:  An inside adjuster assigns an outside appraiser to inspect the vehicle.  The outside appraiser inspects the vehicle and then e-mails their repair estimate to the insurance carrier’s inside auditor.  The auditor then reviews the appraisal and approves payment.  The approved estimate is sent to the inside adjuster for check issuance.  The problem with this process is that it takes the time and availability of three people to pay your PD claim.  If any one person does not do their job efficiently, you suffer.  Knowing the process, you can now coordinate the efforts of the carrier to assure the timely resolution of the PD claim. 
 

The first step in a PD claim is to identify any storage problems.  If there are storage problems, you need to mitigate (limit) your damages and move your car to a storage fee free location.  It is then important to determine if the vehicle is repairable or a total loss.  Many times, a call to the body shop will answer this question for you.  The next step is to determine if you will present a collision claim to your insurance company or a property damage claim to the defendant’s carrier.  If you present a collision claim to your carrier, they will fix the car first and ask questions later. The down side is that you must pay your collision deductible.  If you present a property damage claim to the defendant’s carrier, they must first conclude their investigation to determine if they are responsible to pay for your damages.  The plus side is that you don’t have to pay your deductible.  The down side is it will likely take 30 days for the carrier to conclude their investigation.  Once you determine which carrier will handle the PD claim, it is important to contact the inside adjuster and obtain the name and phone number for the carrier’s appraiser and then follow up on the vehicle inspection. 
 

If the vehicle is repairable, identify the body shop that will do the repairs and contact them to confirm that the vehicle can be repaired.  Also, determine if there is likely to be any supplemental damage that will require a re-inspection by the appraiser.  Then identify if the vehicle has been inspected.  If not, call the carrier to coordinate the inspection.  You will need to follow up to confirm that the estimate has been approved, repairs have been completed or to coordinate supplemental inspections and carrier approval of supplemental repair estimates.
 

If the vehicle is a total loss, obtain a copy of the carrier’s market value report for the client’s vehicle and review it for its accuracy.  Then you must complete the necessary DMV transfer documents, Vehicle/Vessel Transfer Form and Vehicle License Fee Refund Form (These can be ordered free of charge from the DMV).  If you have a lien holder, provide this information to the carrier so that they can make appropriate payment to them. If you have clear title, you will need sign off on their title and give it to the carrier.  Overnight the total loss transfer documents to the carrier so that they can issue their PD payment. 
 

HELPFUL TIPS
 

PARTS USAGE:
 

Aftermarket parts – These parts are not manufactured by the car maker.  Aftermarket parts are generally used for plastic items such as; bumpers, lamps, grilles and mirrors.  They are also used as radiators and condensers.  Aftermarket sheet metal may be used to reduce repair costs so that a vehicle is not declared a total loss.  The usual complaint with aftermarket parts is that they do not fit well.  If aftermarket parts are used, the carrier will generally only use CAPA certified parts (http://www.capacertified.org/home.asp).  Many shops will use their own vendor for aftermarket parts that are not CAPA certified.  This is done to reduce their repair cost and increase their profit.
 

LKQ/Used parts – These are used parts that were generally manufactured by the car maker.  These parts are taken from already wrecked cars.  LKQ parts are used for door assemblies, quarter panel assemblies, bumper assemblies, lid/gate panels, lamps, seats, trim panels, dashes, stereos, front and rear clips.  These parts are usually used if the car is over one (1) year old and has over 12,000 miles.  The issue with these LKQ parts is that they may not be available or they may require some shop cleanup before they can be used.
 

Remanufactured parts are original parts that have been repaired or resurfaced.  These parts are usually used for wheels and bumpers.  The issue with these parts is that the part repair may be inadequate.  Bumpers can not be remanufactured if they are torn or their tabs are broken and wheels can not be remanufactured if they have large chips or cracks in them.
 

OEM parts are original equipment from the manufacturer.  They are the most expensive parts and are used on vehicles with less than 12,000 to 15,000 miles. 
 

TOTAL LOSS INDICATORS:

  1. Rollover – almost always a total loss;
  2. Speed of impact over 40 MPH;
  3. More than two panels are damaged;
  4. Moderate or greater front end damage;
  5. Vehicle value is less than $3,000.

TOTAL LOSS TOOLS:
1.      Determine approximate vehicle value at www.kbb.com.
2.      Speed settlements by providing DMV documents to the carrier when it is determined that the vehicle may be a total loss.  The required DMV transfer documents are:
a.       Vehicle/Vessel Transfer and Reassignment Form (REG 262);
b.      Application for Vehicle License Fee Refund.

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