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
Response pursuant to CCP § 2031.060 (Motion for protective order
in response to request for authorization of medical records).
Which exactly statute defines criteria for Motion for Protective Order: irrelevant, protected information, not calculated to lead to admissible evidence,... View More
answered on Mar 30, 2024
You don't need a protective order. From the information in your post, all the defendant did was ask for an authorization. Just say no if the subpoena requests records unrelated to the injuries at issue.
If the defendant issues a subpoena for records unrelated to your injuries, then... View More
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
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
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
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
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
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
This is a high value case in California. She was not there at the time of accident and I have other family members and friends who are willing to do depositions to explain how the injury has greatly affected my life.
My lawyer already explained to her that it looks bad if the wife refuses... View More
answered on Mar 20, 2024
You wife, religious or not, has to obey court orders, such as subpoenas for her deposition or trial testimony. "Render unto Caesar that things that are Caesar's". Her subpoenaed testimony belongs to Caesar. Subpoenaing a spouse is normal and there is no such thing as a religous... View More
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
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
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
answered on Mar 14, 2024
There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More
I read that in California it is legal for a bike or e-scooter to enter a sidewalk when the bike lane is blocked or nonexistent, if they were to enter the sidewalk would they have to abide by pedestrian rules such as not crossing when the no walking sign is up? Also if they were to be hit by a car... View More
answered on Mar 6, 2024
Who is at fault in a collision depends on a lot more than a pedestrian stop being on. Even if an e-scooter or pedestrian is violating the pedestrian stop, a motorist cannot just run them over. The real answer is, it depends. Did the motorist have a chance to react, slow or stop? Did the... View More
how do i contest the report? it will change the outcome drastically
answered on Mar 6, 2024
You can write your correction to the CHP and ask that it correct, amend or supplement the report. You can gather your own witness statements and submit them to CHP and/or to the other insurer. You can simply get your car fixed through your own insurance and let it deal with trying to collect from... View More
answered on Feb 29, 2024
You can recover your property damage, your cost of past and future medical care, past and future wage loss, and pain and suffering. The amount will vary depending on your injuries, the available insurance limits of the opposing party, and many other factors.
I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More
answered on Feb 20, 2024
Under Labor Code section 2802, your employer has to indemnify your expenses incurred while the course and scope of employment. Its insurer should be fixing your car. If you were driving for Uber or other ride share, you may not have been an employee, but an independent contractor. Whether that... View More
answered on Feb 16, 2024
You think that you need a sign to tell you that your dog can't pee on merchandise? You destroyed someone else's property through your negligence in controlling your dog. You should have made sure your dog had opportunity to do his business before you brought him into the store. Pay for... View More
Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?
answered on Feb 16, 2024
The fees are what your retainer agreement says. 1/3 to 40%is pretty standard. Costs, like depositions, are not fees. Costs are reimbursed to the attorney. Medi-Cal has a lien on any recovery and must be paid back for any expenses it has paid due to your injuries.
Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More
answered on Feb 13, 2024
Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More
what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?
To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?
answered on Feb 6, 2024
Unclear what "legal obligations" to which you refer. By statute, you are required to have automobile insurance. Any other insurance requirements would likely be something to which you agreed by contract. Generally, you have an obligation to comply with your contractual promises,... View More
No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More
answered on Feb 3, 2024
You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More
The dog bit me at least 8 times.. he would usually pull the dog off of me. But not every time.. I have been to the ER several times. He never corrected the behavior. I have witnesses. I'm terrified whenever I hear a dog bark now. I would have moved out sooner but had to save money. Now that I... View More
answered on Jan 29, 2024
You can sue your boyfriend. You cannot sue his renters insurance. That insurance would only - potentially - pay the sums for which he is liable. However, his renters insurance will likely have an exclusion for people who reside in the apartment, so it is unlikely that you will recovery anything... View More
where my 1 year old daughter was sitting. We weren’t injured but we’re seeing a chiropractor tomorrow to be sure. My car was deemed totaled and the other party’s insurance is offering less than what I still owe on the car. I have gap insurance to cover the difference but I don’t think... View More
answered on Jan 25, 2024
You can hire a certified auto appraiser to dispute the valuation of the insurance company if you think the offer is below market value.
If your certified appraisal doesn't move the insurer, you can sue in Small Claims Court for up to $10k for your property damage. Your suit would be... View More
I used to date this coworker. In which we got into heavy abusive arguments often. One of those incidents happened in a company parking lot, where I refused to get out his car, so he used physical force to get me out. Resulting in a cut in hand, and a broken car door. Because I wouldn’t get out he... View More
answered on Jan 20, 2024
Your employer has to provide a work place free from sexual harassment, discrimination and violence. What you describe, though, is your own violation of another's property, which led to violence. In other words, you caused it. Your employer was within its rights to terminate your employment,... View More
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