In this episode of Mañana Latina, we feature personal injury attorney Vivian Yochelson, who shares what she has learned over more than 20 years of experience as a lawyer about car insurance and how to legally protect yourself in case of an accident.
Vivian, known for her ethics, dedication, and personalized service, clearly and practically explains which coverages are essential, what mistakes to avoid, and how Hispanics can make informed decisions for their safety and that of their families.
In addition to her successful career as an attorney, Vivian is President of Chica’s Mom, where she leads initiatives to support the community. Her participation in this program offers valuable advice that everyone should know.
The automatically generated Spanish subtitles on YouTube contain errors, so the English transcript with the corrections is located below the video.
English Transcription
Patricia: Vivian Yochelson, car accident attorney. How are you? Welcome.
Vivian: Very well, thank you. Thank you for the invitation.
Patricia: Good. And today you’re here to talk to us. And you know, I think this is very interesting for people who are in car accidents with drivers who don’t have car insurance. What should they do in this situation?
Vivian: Well, let me tell you and our community that I’ve been representing people injured in car accidents for almost 30 years, and unfortunately, it’s often only after the accident that they find out the other person doesn’t have an insurance policy and won’t have coverage to pay for the damages. So, my recommendation is that you be prepared before the accident, and the way to do that is to have coverage in your policy that protects you when someone hits you and isn’t driving with insurance. That’s called Uninsured Motorist coverage. Or coverage for drivers who aren’t insured.
Patricia: Now, you were also telling me that adding this coverage to your policy can also cover you, as an individual, even if you have an accident while walking.
Vivian: Yes, exactly. So we all know. I have the minimum, the bare minimum required by law. Others tell me, “Oh, but I have full coverage.” Well, there are things you can add to your insurance policy, like car rental and towing. And the other is uninsured motor vehicle coverage, which covers you in this situation. It’s not expensive to add, and the great thing about that coverage on your car insurance policy is that it covers you when you’re involved in a car accident that isn’t your fault. But you don’t necessarily have to be inside your car. And people can’t understand that. They say. “But how? How does my car insurance cover me if I’m a pedestrian? I’m riding my bicycle.” If you’re involved in a car accident with someone else who doesn’t have an insurance policy, and you’re a pedestrian or cyclist, your insurance policy, if it has that coverage, protects you and covers the damages. So, very, very good coverage. It’s very special and unique.
Patricia: But if there’s a collision, an accident happens. And then, like you said, they realize the other person doesn’t have insurance. What are the steps to take? What does the person who does have insurance have to be? How? What’s the process?
Vivian: Well, first, always call a lawyer who works on these types of cases because you’re going to have a lot of questions and concerns, and none of us charge for that consultation. It’s a free consultation. Call first, then talk to their insurance company and be prepared to see what kind of coverage you have in your policy. But if it turns out to be that situation, unfortunately, you won’t be able to fix the car if you have coverage in your car, in your policy, or you’ll have to take the person to court or sue them in what we call Small Claims. But it’s better to be prepared than to be in that situation where someone causes an accident and you find out later that they don’t have a policy.
Patricia: And if they’re undocumented, they don’t have papers. What can they do? You can also claim, have car insurance.
Vivian: Immigration status has nothing to do with your rights to file a claim for personal injuries, car damages, or any other damages you may incur in the future. Your immigration status does not affect your rights.
Patricia: Now, if someone is in an accident and decides to go to court and file a claim, does that person have to go to court too, or can only the lawyer represent them?
Vivian: Well, there’s a process if that happens, where the case will be fought in court. It’s a long process before reaching that point in court. So, in most cases, the lawyer does almost everything, but the client’s presence will be required. The client is the one saying, “I’m hurt, here’s my evidence.” So there are steps where the client has to be more involved and also appear in court to ask a jury or a judge to give them what they deserve.
Patricia: Now, if for some reason parents who have children take your car don’t yet have their license or insurance, but your car insurance might cover it.
Vivian: It’s very possible. And it’s very important that when you apply for your insurance policy, you always state who lives downstairs at your address, who is of driving age, and who has a license. But if that happens, is your child young or just getting their license? They don’t have it yet. Many policies will cover it, but some won’t. So, it’s best to understand before you buy the policy that it covers you. For example, when my daughters were getting their licenses, I called my agent and said, “Are my daughters of driving age?” He said, “As soon as they get their licenses, call us back and we’ll add them.” But up to that point, I didn’t have to do it. That was with one insurance company, but there are other companies that have policies with a few more restrictions. So it’s best to call and ask, but most will cover a child or anyone in your household, as long as that person isn’t excluded from the policy.
Patricia: Now, what happens when both drivers involved in an accident have the same insurance?
Vivian: Is that okay, is it manageable? There will be different claims under the same company, but that’s not a problem. Sometimes it’s a little easier because they both already have one, but they still treat it as if they were different companies under the same umbrella; they handle them as separate claims.
Patricia: And how long does this claim take? How long does it take?
Vivian: It takes a long time, it depends on the injury the person suffered. If you’re badly injured, you need medical treatment that will last for months, so it will take months. But if you recover in 6 to 8 weeks, then a case can be closed in three to six months, opened and closed. Yes, but most of the time it’s not that fast, because you have to take it easy if you’re injured, receive conservative treatment. If you get better, great. But if there’s still pain here or there, there will be more specialist diagnoses. So it takes a little longer.
Vivian: So there are several reasons. It could be that the car they were driving at the time wasn’t covered, it could be that someone at their home was driving a car that’s excluded from the policy. Be very careful with that, and it could be that the policy expired and they didn’t realize it, or the payment didn’t go through and they didn’t notice until two days after the accident. And if they have to pay, there will be a time limit. So, what I always try to educate the community is to be informed about what their policy covers. What happens if, like you’re asking me, this happens to me? Will it cover me? If this happens, will it cover me? To understand beforehand instead of afterward?
Patricia: Right? Well, that’s good news, and we have to review those policies. We have to see what they cover and what they don’t. And especially not to let what you just mentioned expire.
Vivian: They don’t let it expire. That’s important, isn’t it?
Patricia: Thank you so much, and we hope to have you back here soon. Thank you. We’re going to take a short break now, family. But don’t worry, we’ll be back soon, because there’s much more to tomorrow’s Latina.
Patricia: Go over it carefully with your experience because these are some of the reasons why a person might not be covered by their insurance, why they might lose the case.
Vivian: So, there are several reasons. It could be that the car they were driving at the time wasn’t covered, it could be that someone at their home was driving a car that’s excluded from the policy. Be very careful with that, and it could be that the policy expired and they didn’t realize it, or the payment didn’t go through, and they didn’t notice until two days after the accident, and if they have to pay, there will be a time limit. So, what I always try to educate the community is to be informed about what their policy covers. What happens if, like you’re asking me, this happens to me? Will it cover me? If this happens, will it cover me? To understand beforehand instead of afterward?
Patricia: Right? Well, that’s good news, and we have to review those policies. We have to see what they cover and what they don’t. And especially not to let what you just mentioned expire.
Vivian: They don’t let it expire. That’s important, isn’t it.
Patricia: Thank you so much, and we hope to have you back here soon. Thank you.
We’re going to take a short break now, family. But don’t worry, we’ll be back soon, because there’s much more to tomorrow’s Latina.