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Questions Answered by Charles Candiano
4 Answers | Asked in Car Accidents for Illinois on
Q: Was hit by a driver who was insured by United Equitable in Illinois. Equitable has denied liability because

Their client has not submitted the required “paper work” within the 91 days required by UE. Even though their client was at fault, as evident by the police report, UE denies any liability because their client has failed to submit his required accident report. Is this legal?

Charles Candiano
Charles Candiano
answered on Jul 14, 2023

As Ms. Seeskin told you, your only real remedy is to make a UM claim on YOUR insurance. If you were injured and sought medical care, consult a personal injury attorney. If you have a liability only policy, you have no recourse. If the other driver was uninsured, you could provide a copy of the... View More

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2 Answers | Asked in Car Accidents and Criminal Law for Illinois on
Q: Can I sue my father for taking my car while I was out of town?

He was supposed to drive it back from the airport while I was away and leave it parked on May13th. But on May 16th he got into a wreck, he was the at fault driver. He’s refusing to pay more than $500 so I’m want to know if I can still file it as stolen at the time of the accident in Evanston... View More

Charles Candiano
Charles Candiano
answered on Jun 15, 2023

If you did not maintain the required insurance on your vehicle, you have a problem because you DID give your father permission to drive the car home from the airport.

You CANNOT report the car "stolen" because it wasn't and you would be committing the crime of false...
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1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Indiana on
Q: Axel snapped and tire flew off yesterday after it was "fixed" by mechanic that "fixed" it previously. What do I do?

My mom's car about a month ago had the tire fly off and axel break. They took it to a local mechanic that said it was due to an air bubble in the bearing that's why it broke and the tire fell off. They assured her and checked that all the others were fine and didn't need fixed. This... View More

Charles Candiano
Charles Candiano
answered on Jun 13, 2023

If she was injured, she should immediately contact a personal injury attorney in Allen County. If there are no injuries, the easiest thing for her to do is to make a claim with her own insurance. If the car had been serviced immediately prior to the incident and the incident can be related to the... View More

2 Answers | Asked in Criminal Law and Car Accidents for Illinois on
Q: can you press criminal charges against a hit and run driver in Chicago if you know their address but not name?

They live on my block and I caught them after the accident. She admitted she had been drinking but will not provide her name or insurance information.

Charles Candiano
Charles Candiano
answered on May 7, 2023

ONLY the state's attorney or one of her deputies can bring criminal charges against anyone. If you are not the state's attorney or a deputy state's attorney, you cannot bring criminal charges against anyone.

You can and should make a police report, identifying the driver...
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1 Answer | Asked in Car Accidents for Illinois on
Q: What penalty will I face if the other person doesn’t report a car accident?

I merged into the lane next to me and as I was doing so the person sped up and I clipped their car minor damages occurred the person never reported the accident but is now trying to make a police report

Charles Candiano
Charles Candiano
answered on Apr 15, 2023

If they do not report it, nothing happens. I think you mean to ask what will happen if they DO report the accident and that is the question I'm answering.

Failure to Stop at the Scene of a Property Damage Accident and Improper lane usage are the first to come to mind. On your...
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1 Answer | Asked in Car Accidents for Illinois on
Q: I was recently awarded an amount for a car accident and I feel like the lawyer is taking way too much

So back in 2020 I was in a car accident and because of the accident I did have to see get physical therapy I got injections in my back the first offer was like 13,000 something and I turned it down because I felt it was highly unfair that was a commercial vehicle that hit me they ran a light was... View More

Charles Candiano
Charles Candiano
answered on Mar 23, 2023

That is not possible. You should get a minimum of $16,000.

Though you do not tell us the amount of your medical liens, they must have exceeded $24,000 (40% of your recovery). Under the Illinois healthcare lien act, when that happens, by operation of statute, provider liens are limited to...
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1 Answer | Asked in Car Accidents and Criminal Law for Illinois on
Q: I was in an accident And i panicked for whatever reason and I drove off. What do I do now

I was in an accident And i panicked for whatever reason and I drove off. I checked online and there was a report made with no injuries but there was damage over 1500 dollars. I have insurance and I have a license I don't know why I panicked. But now I don't know what to do should I turn... View More

Charles Candiano
Charles Candiano
answered on Mar 8, 2023

Doing Nothing is NOT an option! Consult a local traffic/criminal defense attorney with further details to assess your options. Do NOT provide any further details online as you are admitting to a crime. If you had a valid license and insurance, there could be no immediate consequence beyond your... View More

2 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: If I was in a wreck and didn't go to the Hospital and 2 months later I knew something was wrong with my HEALTH and body

And went to see an Attorney and we went into arbitration and I kept telling my Attorney I did not want to settle out of court and he pressured me to settle cause I didn't go to the Hospital and this whole time I live in Pain and my back and right side of my body was deeply effected I have... View More

Charles Candiano
Charles Candiano
answered on Mar 7, 2023

The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not...
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3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

Charles Candiano
Charles Candiano
answered on Feb 28, 2023

On your facts, this is neither a personal injury nor a Worker's Compensation claim as you sustained no injury. Your coworker's behavior should be unacceptable to anyone. It is obvious that your supervisor does not have a "zero-tolerance" for such behavior. By definition,... View More

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1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... View More

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... View More

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Illinois on
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?

My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... View More

Charles Candiano
Charles Candiano
answered on Dec 16, 2022

On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: I was the victim of a hit and run in a lot. My car was parked. I left the scene. The driver was ok. Will I be charged?

I had no knowledge the police had been notified, therefore I left. Other civilians called an ambulance. There were no injuries.

Charles Candiano
Charles Candiano
answered on Dec 12, 2022

If you were parked and somebody hit you hard enough for bystanders to be so concerned that they called the police and an ambulance, the police will wonder why you would leave without exchanging insurance information or making a police report for your insurance. The conclusion that would be drawn by... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: I had full coverage insurance with United Equitable and they denied my claim on a financed vehicle. Is that legal?

I was driving to work when a car from the left lane swerved into my lane ended up bumping my front driver's side bumper and, making me swerve out of the way and having me lose control. My car hit the right side rail on the highway and then spun around, crashing into the median that separates... View More

Charles Candiano
Charles Candiano
answered on Dec 7, 2022

On your facts, the claim cannot be "denied." The insurance company can deny that it was a hit and run if there is no physical evidence of another car hitting yours (e.g. a different color paint on your fender or eyewitnesses). That does not mean that your insurance company can deny the... View More

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1 Answer | Asked in Car Accidents, Education Law, Juvenile Law and Wrongful Death for Indiana on
Q: My 17 yr old son was convinced to move from his residence with his dad and nana in Kentucky to live with his girlfriend

& her family in Indiana. My son's father signed over educational guardianship to the girlfriend's grandma, as it was her property they had moved to. The same school initially told my son the school was his district based on his address. A week later they received records from the... View More

Charles Candiano
Charles Candiano
answered on Dec 4, 2022

Your son's death was a terrible tragedy. That said, there is something wrong with the facts. "There are no buses to your home" CANNOT be reconciled with a bus stop a few houses down. Either way, his custodian (the girlfriend's grandma) is NOT responsible for his death.... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: is the hotel responsible for a escalator fall if if the person is intoxicated?

My brother and I had just gotten on the escalator. I was in front and him behind. I fell backwards on top of him. Even though the escalator continued to go up we stayed at the bottom. Both of us received many lacerations. I received several on my right calf. My brother received several on his calf,... View More

Charles Candiano
Charles Candiano
answered on Nov 29, 2022

On your facts, there was no defect or malfunction of the escalator. Rather, you lost your balance from drinking too much and fell backwards, on your brother which caused him to fall. If you were overserved in a hotel bar or restaurant, it may be possible for you or your brother to bring a... View More

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... View More

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: I am so confused ...what do i do now that my condition has worsened to death sentence?After the closing of 1st claim

first claim was closed when i was told by my attorney after telling him I was diagnosed cancer it would be left open ....i am seriously so upset that i was told i have no case even w the getting stage4b lung cancer all the sudden 6 -12 months before may 2022 scan and had breakout at work sept... View More

Charles Candiano
Charles Candiano
answered on Mar 1, 2024

You also posted this question in Avvo. Unfortunately, neither posting contains the information necessary to provide a definitive answer to your question. You do not tell us about your Worker's Compensation claim other than you had one and you are represented by an attorney. You do not tell... View More

2 Answers | Asked in Car Accidents for Illinois on
Q: can you sue an insurance co in illinois pro se
Charles Candiano
Charles Candiano
answered on Feb 5, 2024

Suing an insurance company is usually a fool's errand. The answer to your question is yes. Discuss the situation with an attorney or ask questions in a forum like this to learn your options, in addition to suit.

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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Indiana on
Q: My personal and private information has been Breached without any type of USPS mail email or by phone from a few Giants

Equifax Data Breach being the most recent but now since I it have found out about all these things and filling for the settlement and claims with the cfpb and ftc and all 3 bureaus and others no changes have been made I personally raised My own over 300 plus points no updates check all My data... View More

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

The way this works is you ask a question and we do our best to answer it. I don't see any question. Please rephrase.

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: I was involved in the Sosa versus on fida case and I am calling to find out what I can do case # 20-cv-04247@
Charles Candiano
Charles Candiano
answered on Jan 29, 2024

You need to check with your attorney. Pacer shows the case was closed on 12-04-23.

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