The decision to settle or litigate belongs to the insurance company. If it exposes you to a judgment in excess of your policy limit, it might be responsible to pay the entire amount. You should probably send the adjuster a letter, certified mail, demanding that it, alone, be responsible for any... View More

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

These questions should be answered by your attorney, who is paid for this information. However:

1. Insurance companies don't drop the ball and let their insureds fend for themselves. If that happened, it would be the best possible result for you because some serious consequences for... View More

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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.

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

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