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Questions Answered by Robert Dourian
5 Answers | Asked in Car Accidents for California on
Q: My car accident case was closed a year ago. Lawyers office recieved the check, I still haven't received anything.

Can the check be cash without me knowing?

Last June I managed to speak with someone, I was told they were still making calculations.

Robert Dourian
Robert Dourian answered on Oct 23, 2020

Sounds like something you should take up with the State Bar of California.

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3 Answers | Asked in Car Accidents for California on
Q: Hi my question is. I have a Trump flag on my car say someone rips it off what are my options? Could I defend myself?

Say I have a concealed carry permit. Can I defend myself?

Robert Dourian
Robert Dourian answered on Oct 22, 2020

You could vote for Biden.

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3 Answers | Asked in Criminal Law and Car Accidents for California on
Q: Hit and run. Person fled on foot ditched the car. Car isn't registered to the person and can't contact. What to do?

I want to find them.

Robert Dourian
Robert Dourian answered on Sep 28, 2020

Sounds like a job for local law enforcement and if you have the means, a private investigator. Meanwhile have you checked all of your insurance coverages, including Uninsured Motorist on your auto, to see if this might not qualify as a claim?

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7 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for California on
Q: Could you please do my opposition to motion summary judgment?

I was hit by a car while riding my bicycle and the defendant’s attorney has sent me motion of summary packets. I need to respond so I need help with that paperwork please.

Robert Dourian
Robert Dourian answered on Sep 28, 2020

Sounds like the defense has filed a Motion for Summary Judgment (MSJ) against you. These are essentially evidentiary hearings with the Court in which the defense seeks to dismiss your case with declarations and evidence that negate your claim. There are some technical issues involved in opposing... Read more »

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2 Answers | Asked in Medical Malpractice for California on
Q: Is this medical malpractice/negligence/ breaking a law? : I was referred to a bone specialist for ongoing wrist pain

from a fracture a year ago. Recent x-rays showed a positive ulnar variance. The specialist I was referred to told me that ulnar variance isn't the problem. When I questioned this opinion, he told me to do a follow up appointment with him and bring the x-rays from the original wrist fracture.... Read more »

Robert Dourian
Robert Dourian answered on Sep 18, 2020

If you are asking if you have grounds to pursue a Medical malpractice case, the answer is I don't know. The only way to determine if there is a claim to be made is by taking your records, and your facts over to a qualified specialist in the same filed of medicine, and have him or her answer... Read more »

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5 Answers | Asked in Car Accidents, Personal Injury, Gov & Administrative Law and Municipal Law for California on
Q: I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home

I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home). I was knocked unconscious for a brief period and woke up to cops around me looking at me with flashlights. I was asked if I wanted to go to the ER in the ambulance and I... Read more »

Robert Dourian
Robert Dourian answered on Sep 16, 2020

I would be surprised if you received a bill from any Municipal EMS/paramedic service. If however, you did, you can dispute the bill under the circumstances you explained. The more interesting question is who hit you? Was it a hit and run situation? If so, you were the victim of a crime and... Read more »

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2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.

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5 Answers | Asked in Car Accidents, Construction Law and Small Claims for California on
Q: What are my options when trying to recoup vehicle repair costs associated with damage caused by Caltrans' subcontractor?

Hello,

Significant vehicle damage was incurred due to freeway construction debris collision with my vehicle. Caltrans claim was submitted by both my vehicle insurance and myself. Caltrans responded about a year later to my insurance, stating that this instance was caused by their... Read more »

Robert Dourian
Robert Dourian answered on Aug 31, 2020

I sounds like your options have narrowed down to filing an action for property damages. It is not so clear that CALTRANS is not responsible, but its all about the actual facts and circumstances. This matter may not make sense for an attorney to take on if the dollar amount of the damage is low.... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Pedestrian hit while traffic light out

Asking question on behave of someone who got hit by a car crossing a street on a crosswalk while the traffic lights were out. Driver did not stop at the intersection, but did stop after the accident and gave the person that got hit a ride, fully accepting the fault later. After discussing this... Read more »

Robert Dourian
Robert Dourian answered on Aug 21, 2020

Given the costs of litigating cases, as a general rule, some permanent, long term harm is necessary to bring in a lawyer. So this case might past that test with the scarring. With permanent injury the damages would or should be worth more than 15K. The problem in answering this question however,... Read more »

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4 Answers | Asked in Car Accidents, Consumer Law, Estate Planning and Identity Theft for California on
Q: at birth my father forced my mother to give two sons the same identical name
Robert Dourian
Robert Dourian answered on Aug 19, 2020

As unfair and confusing as that act might be, I suspect it does not rise to the level of actionable child abuse under current law.

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4 Answers | Asked in Car Accidents for California on
Q: Insurance company wants a verbal statement after an accident, is that normal?

I borrowed the vehicle from my father and got into a fender bender at a stoplight. Insurance company won't answer his questions until they get a recorded verbal statement from me. Is this normal and what should I do? To clarify, my father has told them nothing they don't want anything... Read more »

Robert Dourian
Robert Dourian answered on Aug 17, 2020

Whoa. Hold on there. You may have a big issue to worry about. Namely the insurance company may be trying to find a way out of covering this incident. First, you need to know what your father told them. Are you a named insured under the policy? Did you live at home when you borrowed the car?... Read more »

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