Lawyers, Answer Questions  & Get Points Log In
California Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for California on
Q: I had an accident with a cyclist, we collided into each other. No damage to my car. Scuff marks on the right back fender

These can be rubbed out with compound. No paint removed. He fell on his left hand and there were scratches on fatty part of his palm. There was no blood or open cuts. He called the police and 2 paramedics vans, 2 police cars and a sheriff car came. I was not hurt and he refused to go with the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

Based on the information you've provided, it seems that you were involved in a collision with a cyclist in California. Fortunately, there was only minor damage to your car (scuff marks on the right back fender that can be buffed out) and the cyclist suffered only minor injuries (scratches on... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: In CA, in a car accident involving injuries- settlement, is it standard for a physical therapist to get 33%?
Joel Gary Selik
Joel Gary Selik
answered on Apr 30, 2024

Health care providers, and nearly everyone cannot charge on a percentage basis, except attorneys.

After a case settles, the health care providers might be asked to reduce the amount they are owed. It is not unusual for all the health care providers bills, after negotiation, be 1/3 of the...
View More

View More Answers

2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: I drive friends car and have an accident. I later found out that his car did not have car insurance, what should I pay?

My friend asked me drive his car, I rear-ended and at fault. After accident he told me the car no insurance, what part of compensation do I need to pay? no one was injuried.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

In California, if you're driving a friend's car with their permission and you have an accident, you typically rely on the car owner's insurance to cover damages. However, since the car you were driving wasn't insured, the situation becomes more complex. Under state law, vehicle... View More

View More Answers

1 Answer | Asked in Car Accidents for California on
Q: small fender bender with a park car,and try to exchange info but owner said eveything is fine 5days later report hit run

Owner of the vehicle was ask 3 times to exchange info but kept saying nothing happen to her park vehicle. And she didnt need to exchange information. She report hit and run to my insurance and also did a false police report because she knows better i stay to talk to her. I drive a telsa model y but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

In California, leaving the scene of an accident without properly exchanging information is considered a hit-and-run, even if the other party initially claims there is no damage or need to exchange information. Here are a few steps you can take to address this situation:

1. Contact your...
View More

2 Answers | Asked in Car Accidents for California on
Q: MY SON WAS KILLED IN A CAR ACCINT DRIVINGA RENTAL CAR .THE AIR BAGS NEVER OPENED UP HE FLEW OUT HIS WINDOW CAN I SUE
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

I'm so sorry for your loss. Losing a child in such a tragic way is devastating.

Under California law, you may potentially have grounds for a wrongful death lawsuit if your son's death was caused by someone else's negligence or wrongdoing. A few key points to consider:...
View More

View More Answers

1 Answer | Asked in Car Accidents for California on
Q: I was driving my gf vehicle to drop off my daughter at school, along the way I was involved in a vehicle accident,

Called her insurance agent to file a claim report, spoke with the agent, there’s a dash cam video as proof that I was not at fault, the agent reviewed the video and confirmed that I was not at fault and the other parties was at fault. Later received a phone called from the claim department,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

In this situation, there are a few steps you can take:

1. Contact the insurance company and request a detailed explanation of their decision. Ask them to clarify why they initially determined that you were not at fault based on the dash cam footage, but later changed their decision to...
View More

1 Answer | Asked in Car Accidents for California on
Q: How do I get money for my medical bills after a car accident?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Under California law, there are several ways to pursue compensation for your medical bills after a car accident:

1. Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage: If you have either of these optional coverages in your auto insurance policy, you can file a claim with...
View More

2 Answers | Asked in Car Accidents for California on
Q: My son was driving a rental and was in an accident which caused his death because he flew out the window his airbags ne

His airbags never popped out

William John Light
William John Light
answered on Apr 22, 2024

I am sorry for your loss. Side window air bags might prevent ejection. Seat belts do a better job of that. You may have claims against the vehicle manufacturer, the rental agency, and/or the driver of the other vehicle (if any). This is too complex for analysis on Justia. You will need to... View More

View More Answers

1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Public Benefits for California on
Q: How will a 100,000 car accident settlement effect my SSI and my Medical Insurance. ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

If you receive a large settlement from a car accident while on Supplemental Security Income (SSI) and Medi-Cal (California's Medicaid program), it can potentially impact your eligibility for these benefits. Here's what you should know:

1. SSI: SSI is a needs-based program, and...
View More

4 Answers | Asked in Car Accidents for California on
Q: Are there situations where a company's insurance will not cover an employee driver in a company car post accident?
William John Light
William John Light
answered on Apr 1, 2024

One can always conceive of a circumstance in which an insurer may deny coverage. That imagined circumstance may have nothing to do with what is actually happening to you. Even if the employer's insurer refuses to defend or indemnify you, the employer still has an obligation under Labor Code... View More

View More Answers

3 Answers | Asked in Car Accidents for California on
Q: Driving for a company. Got into an accident. Does company insurance cover, or mine?

The company I work for provides transportation for many reasons for individuals and groups in a variety of vehicles. I am employed as a driver. I got into an accident that was technically my fault.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Under California law, the insurance coverage for accidents involving company vehicles can be complex and depends on various factors. Here's some general information:

1. Commercial Auto Insurance: If the company you work for has a commercial auto insurance policy, it will typically be...
View More

View More Answers

2 Answers | Asked in Car Accidents for California on
Q: Is my car insurance allowed to provide the other party in attorney if I am at fault?

I was involved in a car accident with a moped, to which I signaled to change the lane and look both ways when suddenly the moped appeared out of nowhere and hit my vehicle. The other party was not a motorcycle licensed driver and was not the owner of the motorcycle or the insured party. The other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, your car insurance company has a duty to defend you in the event of a claim or lawsuit if you are deemed at fault in an accident. This includes providing legal representation to protect your interests. However, the insurance company's primary obligation is to its... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

William John Light
William John Light
answered on Mar 23, 2024

Ordinarily, the statute of limitations is 2 years from the date of the injury.

If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.

For certain felony convictions, the statute of limitations is 10 years from...
View More

View More Answers

3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 21, 2024

That is a great question and should be explored because if the "owner" was still the seller and had permitted the "buyer" to drive the car before the sale was consumated then that might work. As for the at fault driver - the police will investigate and the DA will decide whether... View More

View More Answers

4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

William John Light
William John Light
answered on Mar 21, 2024

I respectfully disagree with Mr. Selik. The attorney was representing the injured party in a personal injury case. Not a property damage case. It was not the attorney's duty to preserve or protect the car since he was not hired for that. Further, it does not seem that he could have done... View More

View More Answers

3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

William John Light
William John Light
answered on Mar 19, 2024

Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Over 2 years ago, bad injury on MTD bus SantaBarbaraCA. In 2 weeks received small check, final settlement, chicanery.

Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Under California law, if you've been injured in an accident involving a public transportation entity like the Metropolitan Transit District (MTD) and believe that the settlement you received was not fair or was agreed upon under misleading circumstances, you have rights that may protect you... View More

View More Answers

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Driver hit me and gave the officer invalid auto insurance information. Can the officer be held liable?

I got hit by a car in a crosswalk. He gave the officer invalid auto insurance info so now I can’t receive treatments and it complicates everything in my life right now.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

In California, law enforcement officers are generally not liable for the actions of a third party, such as a driver who provides invalid insurance information. The officer's primary role is to investigate the accident, collect information from the involved parties, and create an accident... View More

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Mandatory dismissal - pursuant to California sections CCP 583.210 and 583.250.

Let say if the plaintiff filed a complaint against the defendant on 1/2/2021 and was never served the defendant as of 1/3/2024. Does the court automatically dismiss the case filed by the plaintiff or it’s something the defendant needs to ask the court to dismiss the case since 3 years has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

In California, under Code of Civil Procedure (CCP) sections 583.210 and 583.250, if the defendant is not served with the summons and complaint within three years of the filing of the complaint, the court must dismiss the action as to that defendant. This is known as mandatory dismissal.

In...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.