Mosher & Skorina, P.C.

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Monday08:30 AM - 05:30 PMTuesday08:30 AM - 05:30 PMWednesday08:30 AM - 05:30 PMThursday08:30 AM - 05:30 PMFriday08:30 AM - 05:30 PM
Phone: 877-779-5864 Fax: 949-582-3394

Mosher & Skorina, P.C. Los Altos Plaza 26691 Plaza, Suite 200 Mission Viejo, CA Orange Co. 92691-8582 (Orange Co.)View Map

Auto Accidents

Violation of Traffic Laws as Proof of Negligence
In an automobile accident action against a driver for damages suffered in a car collision, the driver's violation of a traffic law can be evidence of his or her negligence. The law calls negligence based upon the violation of a specific requirement of law "negligence per se." Negligence per se means that as a matter of law negligence existed. While the violation of a traffic law is negligence as a matter of law, the violation does not mean that the driver is liable unless the negligence was the proximate cause of the plaintiff's injury. Negligence is ordinarily a question for a jury. It only becomes a question of law when a court determines that only one conclusion can reasonably be drawn from the evidence. If the violation of the traffic law is treated as negligence per se, the question of negligence will not be given to the jury. More...
Disclosure Obligations and Motor Vehicle Insurance Policies
Automobile insurance policies may have a clause that requires an insured to disclosure information to his or her insurance company that would allow the insurance company to determine if there is a valid defense to a claim against the insured. This disclosure obligation, which could be part of an insurance policy's cooperation and assistance provision, requires the insured to make a truthful disclosure of all information reasonably requested by the insurance company. More...
Obligation to Cooperate in Motor Vehicle Insurance
Most automobile insurance policies have a clause that requires an insured to cooperate with the insurance company. The cooperation clause, also known as the cooperation and assistance provision, requires an insured to act in a manner that does not obstruct an insurance company's handling of a claim against an insurance policy. Further, the cooperation clause seeks to stop insureds and claimants from acting together against insurance companies. To breach the cooperation clause, an insured's obstructive conduct must be willful and must prejudice the insurance company. More...
Omnibus Clauses in Auto Insurance
An omnibus clause in an automobile liability insurance policy extends coverage under the policy to those using an insured automobile with a named insured's express or implied permission. The clause is also known as an additional insureds clause. State statutes generally require automobile liability insurance companies to provide omnibus clauses in their insurance policies. More...
Underinsured/Uninsured Motorists Exhaustion Requirements
Underinsured motorist and uninsured motorist provisions in auto insurance policies often contain language stating that the underinsured or uninsured motorist coverage will not become available until the policy limits of all insurance policies that are applicable to the accident have been exhausted by the payment of judgments or settlements. Such exhaustion requirements are included in the policy because of the substitute or supplemental nature of the coverage and the understandable desire of the insurer to assure that all other available coverage has been applied before it is obligated to pay benefits under the underinsured or uninsured motorist provisions of the policy. More...
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