Hemet Office: 951-652-7600

Palm Springs Office 760-636-2196

Legal Resources & FAQs

The Law Offices of William R. Van Order, PC has represented personal injury clients across Southern California since 1987. Our attorneys work out of locations in Hemet and Palm Springs, CA and are proud to help individuals and families receive the justice and compensation they deserve.

It is our goal to provide you with the information and resources you need to understand our services and what we can do for you. We encourage you to explore the links on this page and read through our FAQs.

For additional questions or to schedule a FREE consultation with our firm, please give us a call at 951-652-7600.

Frequently Asked Questions

Personal Injury FAQs

What type of cases do you handle?

Our firm focuses on personal injury law and estate planning. On the personal injury side, we represent individuals injured in: 

  • Auto accidents (rear-end, T-bone, multi-vehicle) 
  • Motorcycle and bicycle accidents 
  • Dog bites and animal attacks 
  • Premises liability cases (e.g., slip and falls, trip and falls) 
  • Wrongful death 
  • Uninsured/underinsured motorist (UM/UIM) claims 

We also assist clients in estate planning, including: 

  • Drafting revocable living trusts and wills 
  • Power of attorney and healthcare directives 
  • Trust administration and small estate transfers 

Every case receives direct attention from an attorney, and we’re committed to personalized representation from intake to resolution.

I am unable to work. Will I get reimbursed for the time I missed?

Yes. If your injuries prevent you from working, you may be entitled to recover lost wages as part of your personal injury claim. This includes time missed for medical treatment, recovery, or any
work restrictions caused by your injuries. In some cases, we may also pursue future lost earning capacity if your ability to work long-term is affected. Our office gathers the necessary documentation — such as employer statements, pay stubs, and medical records — to support and maximize your claim for lost income.

What should I do after an accident?

Seek medical attention immediately, even if you feel okay — injuries can develop later. Report the accident, gather contact and insurance information, take photos, and contact our office before speaking with the insurance company. Documentation and prompt legal guidance can strengthen your claim.

What if the person who caused the accident doesn’t have insurance?

If the at-fault driver is uninsured, you may still have coverage through your own Uninsured Motorist (UM) policy. We will evaluate your coverage and pursue all avenues to recover damages through your own insurance or other liable parties.

Who pays for my car repairs?

You can pursue repair costs through the at-fault party’s insurance or your own collision coverage. If liability is disputed, we may recommend using your own policy first and seeking reimbursement later.

I was bitten by a dog. Do I have any legal rights?

Yes. Under California Civil Code § 3342, a dog owner is strictly liable if their dog bites someone, even if the dog had no history of aggression. You have the right to pursue compensation for medical bills, pain and suffering, lost wages, and any resulting disfigurement or emotional trauma. Our office can help identify the homeowner’s insurance policy or other sources of recovery and file a claim on your behalf.

How much do you charge for consultations?

We offer free consultations for personal injury cases. During the consultation, we’ll review your case, answer your questions, and explain how our fee structure works — typically on a contingency basis, meaning we don’t get paid unless we win your case.

Who pays for my medical bills after an accident?

The responsibility for paying your medical bills ultimately falls on the auto insurance company for the at-fault party. In the meantime, your bills may be paid through your health insurance, medical payments (MedPay) coverage, or on a lien basis with certain providers. As your attorneys, we work to recover those costs from the liable party’s insurance company as part of your settlement.

Who pays for my medical bills after an accident?

The responsibility for paying your medical bills ultimately falls on the auto insurance company for the at-fault party. In the meantime, your bills may be paid through your health insurance, medical payments (MedPay) coverage, or on a lien basis with certain providers. As your attorneys, we work to recover those costs from the liable party’s insurance company as part of your settlement.

Do I need an attorney after an auto accident?

Yes, especially if there are injuries, property damage, or disputed liability. Insurance companies aim to minimize payouts — we advocate for your full compensation, handle negotiations, and protect your rights throughout the process.

Will I get a rental car after the accident?

If the other driver is clearly at fault, their insurance company is responsible for covering the cost of your comparable rental vehicle during the time your car is being repaired or until it’s deemed a total loss. However, many carriers won’t approve the rental until they complete liability acceptance, which may take a few days. If you have rental coverage under your own policy, we may recommend using it first and seeking reimbursement from the at-fault carrier. Our office can assist in coordinating this process.

Will I work directly with an attorney?

Yes. An attorney will handle your case starting with the initial consultation and continuing all the way through settlement or litigation. Unlike large law firms where clients are often passed off to case managers, our attorneys are in control of every aspect of your case and are available to answer your questions at any stage.

Litigation Process & Legal Terms FAQs

Will I have to go to trial?

Most personal injury cases settle out of court. However, if the insurance company refuses to make a fair offer, we are fully prepared to litigate your case and present it to a jury if necessary.

What is a mediation?

Mediation is a non-binding settlement conference with a neutral third party (the mediator) who helps both sides reach an agreement. It can often avoid the cost and uncertainty of trial.

What is Medical Payments (MedPay) coverage?

MedPay is optional insurance that helps pay for medical expenses after an accident, regardless of who was at fault. It can be used in addition to your health insurance and is especially helpful early in treatment.

What is a deposition?

A deposition is a formal interview where a party or witness gives sworn testimony before trial. It’s part of the discovery process and can be used later in court. We will prepare you thoroughly before your deposition.

What does litigation mean?

Litigation refers to the legal process of resolving disputes through the court system. In a personal injury case, this typically begins with filing a complaint and proceeds through discovery, motions, and possibly trial.

Estate Planning – Small Estates FAQs

Do I need a trust or a will?

A revocable living trust can avoid probate and help manage your estate efficiently, even for modest estates. A will, on the other hand, still goes through probate. If you own real property in California or want to simplify the transfer of your assets, a trust may be advisable.

What is a small estate in California?

If the gross value of your estate is under $184,500 (as of 2024), it may qualify as a small estate, allowing your heirs to bypass probate through simplified procedures. However, owning real property may still trigger probate without a trust.

What is Medical Payments (MedPay) coverage?

MedPay is optional insurance that helps pay for medical expenses after an accident, regardless of who was at fault. It can be used in addition to your health insurance and is especially helpful early in treatment.

What’s the difference between a trust and a will?

A trust allows your assets to transfer directly to your beneficiaries without court involvement. A will is a directive to the probate court. Trusts generally provide more privacy, speed, and flexibility.

Do I need an attorney for a simple estate plan?

Yes — even simple estate plans can benefit from attorney guidance. We ensure documents are properly drafted, legally compliant, and tailored to your family’s needs. Errors in online forms can lead to expensive probate issues down the line.

Helpful Links

If you want to learn more about the law and how it works for you, please reference these helpful links.

  • Cornell Legal Information Institute – Recent and historic Supreme Court decisions and much more
  • Federal and State Courts – Detailed information on federal and state courts, including judge and clerk names, as well as contact information.
  • Findlaw – A premier legal search engine with a wealth of links to legal subjects
  • Legal Ethics – One resource for ethical issues raised by the Internet, including state-specific requirements
Understanding Howell v. Hamilton Meats: Why It Matters in Personal Injury Cases
If you’ve been injured in California and have health insurance, the Howell v. Hamilton Meats decision directly affects how much you can recover in a personal injury settlement.

The California Supreme Court held that a plaintiff cannot recover the full “billed” amount of medical expenses if those charges were never actually paid. Instead, you’re limited to recovering the amount actually paid or owed — often a much lower, negotiated rate between your health insurer
and the provider.

This ruling dramatically changed how damages are calculated in California. Before Howell, attorneys could demand the gross amount billed, even if health insurance significantly reduced it.

Now, only the “Howell-adjusted” amount — what the provider actually accepts as payment — is considered evidence of economic damages. For clients, this means a more accurate representation of true out-of-pocket costs, but it also gives insurance companies leverage to undervalue claims. At our office, we fight to ensure that your pain and suffering and future medical care are fully accounted for — not just the numbers
on a bill.

Health Insurance Liens in Injury Settlements: What You Need to Know
When your health insurance pays for accident-related treatment, they may assert a lien against your settlement. This means that once you recover compensation, you’re required to reimburse your insurer for what they paid — at least in part.

In California, this process is governed by the Common Fund Doctrine and Civil Code §3040,
which limit how much a health plan can recover — especially if your attorney did the work to secure the settlement. At our office, we regularly negotiate health insurance liens down using these doctrines, ensuring you receive the largest net recovery possible.

Not every lien is enforceable. ERISA plans, Medi-Cal, Medicare, and private insurers all have different rules. We review each one, challenge overreaching claims, and work to resolve liens efficiently so they don’t delay your payment.

California’s New Auto Insurance Minimums: What Drivers Need to Know in 2025
For the first time since 1967, California has updated its minimum auto liability insurance requirements. Effective January 1, 2025, Senate Bill 1107—known as the Protect California Drivers Act—has doubled the minimum coverage limits to better reflect the rising costs of medical care and vehicle repairs.

New Minimum Liability Limits (Effective January 1, 2025):

  • Bodily Injury or Death: $30,000 per person
  • Bodily Injury or Death: $60,000 per accident
  • Property Damage: $15,000 per accident

These limits, commonly referred to as 30/60/15, replace the previous 15/30/5 minimums.

Future Increase Scheduled for 2035:
The law also includes a provision for another increase in 2035, raising the minimum limits to:

  • Bodily Injury or Death: $50,000 per person
  • Bodily Injury or Death: $100,000 per accident
  • Property Damage: $25,000 per accident

This adjustment aims to ensure that insurance policies provide adequate financial protection for those injured in car accidents and for property damage.

Implications for Drivers:
Policy Updates: Existing policies with lower limits will automatically adjust to meet the new requirements upon renewal after January 1, 2025.

Premium Changes: While premiums may increase due to higher coverage limits, the enhanced protection can prevent significant out-of-pocket expenses in the event of an accident.

Coverage Adequacy: Drivers should review their policies to ensure they have sufficient
coverage, especially considering the rising costs of medical care and vehicle repairs

Recommendations: Consider Higher Coverage: While the new minimums offer better protection, they may still fall short in severe accidents. Evaluating higher coverage limits can provide additional financial security.

Uninsured/Underinsured Motorist Coverage: Given the potential for accidents involving drivers without adequate insurance, adding this coverage can offer crucial protection.

Consult with Professionals: Discussing your insurance needs with an attorney or insurance agent can help tailor a policy that best suits your circumstances. Understanding these changes is essential for all California drivers to ensure compliance and adequate protection on the road.

William Van Order
Rated by Super Lawyersloading ...

La Jolla Office

888 Prospect St
Suite 200
La Jolla, CA 92037

Phone: (858) 531-2019

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Hours

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm

Fax: 951-929-4890