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California Car Accidents Questions & 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
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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...
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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
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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:...
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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
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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...
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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
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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...
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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

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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

James L. Arrasmith
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answered on Apr 22, 2024

I am so deeply sorry for your tragic loss. Losing a child, especially in such a sudden and devastating way, is an unimaginable pain that no parent should ever have to endure. My heart goes out to you and your family during this incredibly difficult time.

Given the circumstances you...
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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
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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...
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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

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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?
James L. Arrasmith
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answered on Apr 1, 2024

Yes, there are several situations under California law where a company's insurance may not cover an employee driver in a company car after an accident. Some common examples include:

1. Driving under the influence: If the employee was driving while under the influence of alcohol or...
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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
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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...
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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
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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

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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

William John Light
William John Light
answered on Mar 30, 2024

Your insurance can tell another party to get an attorney, if that happened. Your insurance almost definitely did not assign or direct them to a specific attorney. If that happened, the State Bar and/or Dept. of Insurance might get involved. Your insurance company is responsible to defend you and... View More

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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

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, the statute of limitations for most personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. This means that you would typically have two years from the date of the incident to file a lawsuit seeking compensation... View More

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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...
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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

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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

Dale S. Gribow
Dale S. Gribow
answered on Mar 21, 2024

you pose a lot of questions to which the answer is IT DEPENDS.

you didn't mention anything about YOUR UM?

let your company pay and they can go after (subrogate against) the parties at fault.

without wits' the other party can say something adverse to what you are...
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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

James L. Arrasmith
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answered on Mar 21, 2024

In California, under Proposition 213, if a driver is uninsured at the time of an accident, they are typically barred from recovering non-economic damages, like pain and suffering, even if the other driver is at fault. However, economic damages, such as medical bills and property damage, can still... View More

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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

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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

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, legal malpractice occurs when an attorney fails to use the skill, prudence, and diligence that other members of the legal profession commonly possess and exercise. In the scenario you've described, if the attorney was informed about the importance of the vehicle and its... View More

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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

Dale S. Gribow
Dale S. Gribow
answered on Mar 19, 2024

Your insurance policy terms and conditions should govern.

You want to read or have a lawyer read it to see what it says.

I assume insurance costs in Louisiana were lower, which is why many people do not register their cars in California.

If your policy does not address this...
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