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Questions Answered by Charles Candiano
1 Answer | Asked in Car Accidents for Indiana on
Q: when i get pulled over will i get in trouble if i dont have it in the car can i call parent to prove insurance?
Charles Candiano
Charles Candiano answered on Feb 26, 2020

You are required to keep the information in the car. In a worst-case scenario, you get a citation which will be dismissed if you take a letter to Court FROM YOUR INSURANCE COMPANY, that confirms that the vehicle you were driving WAS COVERED on the date you were stopped. That said, the officer was... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If I decide to take ptd wkly pymnts instead of taking a lump sum in my wc case is that still considered a settlement
Charles Candiano
Charles Candiano answered on Feb 20, 2020

NOBODY is going to pay you every week, for the rest of your life, unless the Commission Orders them to do so. It is certainly possible for the parties to stipulate if they are in agreement but they must still go through the formality of making a record. It is not for you to "decide."

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Trying to figure out an estimate on a workers comp ptd settlement. My wkly ptd rate is $484, my life expectancy is 37.5
Charles Candiano
Charles Candiano answered on Feb 19, 2020

If you qualify for Permanent Total Disability, DO NOT SETTLE! You are entitled to receive ‭$25,168 per year, for your life AND all of your medical care that is related to the accident. Given that you are permanently disabled, you would be Medicare eligible but Medicare will refuse to pay your... Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Why haven't opposing counsel returned the contract I signed to settle my w c case since August 2019. I have an attorney.

My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.

Charles Candiano
Charles Candiano answered on Feb 19, 2020

There is more to this. When two attorneys agree on case value, the defense attorneys insist on preparing the contracts because they can charge the insurance company for the service. I have NEVER received agreed contracts that were NOT already signed by the defense attorney BEFORE I or my client... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Can I still collect unemployment if I start unpaid TOP job training in Illinois?

It is two nights a week, 6:30-9:30pm, and Saturdays. That still leaves me available for regular job hours.

Charles Candiano
Charles Candiano answered on Feb 4, 2020

Not legally. To collect unemployment, you must be actively seeking employment AND Both Willing and Able to accept a job. If you are in formal training, you are NEITHER willing nor Able to accept a job, if offered, nor are you actively seeking employment.

1 Answer | Asked in Car Accidents for Indiana on
Q: our car was hit outside our home. other party fled on foot, how do i proceed
Charles Candiano
Charles Candiano answered on Dec 27, 2019

Report the accident to the police, immediately, and forward the report to your insurance. If you didn't have comprehensive coverage, you can write to Indianapolis with the license plate and VIN (from police report) to enquire as to whether the car was covered by any policy of insurance at the time... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: our car was hit outside our home?
Charles Candiano
Charles Candiano answered on Dec 27, 2019

You need to ask a question.

1 Answer | Asked in Car Accidents and Employment Law for Illinois on
Q: If I hit a deer while on call for work are they liable for damage to my vehicle?
Charles Candiano
Charles Candiano answered on Dec 27, 2019

If you were driving at the request of your employer and you were injured, the injuries and any wage loss would be covered under Workers' Compensation. It is NOT sufficient that you were "on-call" but driving for entirely personal reasons. Under NO circumstances would your car be covered under... Read more »

3 Answers | Asked in Traffic Tickets for Illinois on
Q: Is there any possible way I can lower the amount of my ticket that was being sent to the wrong address?

I was informed that I had a ticket being sent to my old address a few days ago that’s now tripled in its amount because it was never paid & I was hoping if there was any possible way I can get the amount lowered. If I would’ve known I had a ticket a few months ago I would’ve paid it right... Read more »

Charles Candiano
Charles Candiano answered on Dec 27, 2019

It depends. If the "wrong address" was your prior address and you forgot or didn't bother to notify the Bureau of Motor Vehicles, then you have no chance because it was your responsibility to correct that information. If the clerk made a mistake, you can probably get it reduced.

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2 Answers | Asked in Car Accidents for Indiana on
Q: Hello i was i was collateral damage in a car accident.

There was a wreck that had happened in pitch blackness on a major highway less than a minute before i had arrived. There was no other cars in the area. I ran over peices of there car and had damage to the underneith side of there car. My insurance company and there insurance company has me going... Read more »

Charles Candiano
Charles Candiano answered on Nov 26, 2019

Whether you have towing coverage or not, get the car out of impound, ASAP. If car rental was important, why didn't you have it on your insurance? The easiest thing to do is to pay your deductible and repair the car through your own insurance. When your insurance resolves the claim, they will... Read more »

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Illinois on
Q: What should I do in my case? How do I get my insurance to cover the damages to my car ?

My auto insurance has denied my claim for property damage and rescinded my policy due to misrepresentation and false warranties.

Charles Candiano
Charles Candiano answered on Nov 11, 2019

If you are correct about your misrepresentations, your insurance is probably within its rights to refuse payment and to cancel you.

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1 Answer | Asked in Wrongful Death for Illinois on
Q: Husband misdiagnosed for a year ,found out has stage 4 cancer ,died less than 3onths later

Husband felt ill,.multiple symptoms,.Everytime we went to same hospital and they would give us a diagnosis that would end us back there every month or 2 untill a year or ? Later he went and they told him nothing they could find. They wanted to dismiss him but he told them that no they had to check... Read more »

Charles Candiano
Charles Candiano answered on Oct 22, 2019

You are not alleging Wrongful Death, you are alleging medical malpractice. You should NOT have waited so long. Do you have a doctor who can testify that the failure to diagnose resulted in his death? Are you sure that the cancer from which he suffered would not have been fatal even if diagnosed... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: what kind of attorney do I contact in Indiana to sue an uninsured driver? My insurance is not involved

I was hit yesterday by an uninsured motorist who was driving his girlfriends car, which was also uninsured. I do have full coverage, however the day that I got hit, I had literally just reinstated my insurance like not even an hour before (I was in another state for 5 months and didn’t need it).... Read more »

Charles Candiano
Charles Candiano answered on Oct 12, 2019

Assuming the accident was NOT your fault, you do NOT need an attorney, UNLESS YOU WERE INJURED. If you were injured, contact a personal injury attorney. They will file a UM claim against YOUR carrier. If you reinstated your insurance at 11:59 and then had an accident at noon, you are still... Read more »

4 Answers | Asked in Car Accidents, Civil Rights, Constitutional Law and Personal Injury for Illinois on
Q: Civil Case Against UBER Techs, Rasier LLC and the Drivers Negligence caused my accident in Illinois. To my Son and I.

December 24th, 2017 @ 7:03 the driver sped thru the intersection failing to stop at all and with speed. I drove through my intersection w/ no stop sign and I t-boned the driver with passenger through the UBER app. Driver was driving with 2 moving violations of speeding over 15 mph within that year... Read more »

Charles Candiano
Charles Candiano answered on Sep 11, 2019

You may be exceptionally talented but you do not have the training and experience to properly prepare this case for trial. You probably also lack adequate resources to fund the preparation. Hire an experienced attorney to work the case up. I understand that you had suicidal ideations. Other... Read more »

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3 Answers | Asked in Car Accidents for Illinois on
Q: I hit a car and the man wants to sue me because my insurance doesn’t want to pay everything

The repair is 777 and my insurance offer him 617 so he just needs to pay 160 extra I am a full time student and only work part time what should I do he keeps bothering me and I told him to contact my insurance again

Charles Candiano
Charles Candiano answered on Sep 5, 2019

You should get involved. Either your insurance thinks the repair is too expensive or they have decided to apportion 20% of the fault to the other driver. If you cannot get your insurance to pay him $777, you should offer to pay the $160. If he sues you, he will get whatever he needs to fix his... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: How do I file a 3rd party insurance claim?.

I I had a car accident with other driver at fault, but I had lapse of insurance. I live in Indiana, which is an at fault state, so I am trying to be compensated for damages to my vehicle.

Charles Candiano
Charles Candiano answered on Sep 3, 2019

I assume you had an accident with a TN resident, in TN and they were at-fault. If that is true, you need to hire a personal injury attorney in TN to file suit. If it was property damage only, you can probably file in small claims. You sue the person who hit you. All necessary information should... Read more »

3 Answers | Asked in Car Accidents for Indiana on
Q: I was pinned against my car while stooped down putting air in the tire. The other car backed up to me pinning me . Then

Then he hit the gas and crushed me against my car. Very sore but no broken bones, no hospital. How much should I expect to get from insurance co.

Charles Candiano
Charles Candiano answered on Aug 30, 2019

Unless there is a police report, you should expect $0.00. With a police report and pictures, but no medical, you would be lucky to get a few hundred dollars. The insurance company has NO reason to pay you if there is no legal memorialization of the incident, no diagnosis, and no way to correlate... Read more »

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1 Answer | Asked in Wrongful Death for Indiana on
Q: Mother filled out her will, but did not have it notarized. Was married. I am her daughter, can I legally have her ashes?

She left a letter behind stating she was going to leave her husband. She filled out her will and everything was to go to my sister and I, not her husband. Mom owned the property that he is now claiming. She was cremated and I just want to know if I can take her ashes legally. I cannot leave her in... Read more »

Charles Candiano
Charles Candiano answered on Apr 22, 2019

An unwitnessed or "holographic" Will is NOT valid in Indiana, so your mother died, intestate. Under Indiana Code § 29-1-2-1, where a person who dies intestate and is survived by both children and a spouse, 1/2 of the estate passes to the spouse and 1/2 passes to the children, who take, equally.... Read more »

2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I got crash with another car and i only have permit and my ticket is improper lane usage and i lied at first that my mom

was driving but in the end I confess that i was the one and he ask me why i lied and i told him that i’m so nervous which is true that i startled. what’s going to happen to me in the court? I’m only 16?

Charles Candiano
Charles Candiano answered on Apr 22, 2019

If a licensed adult was in the car AND a policy of insurance was in effect at the time of the accident AND there were no prior moving violations, the following are likely:

1. A moving violation conviction before age 18 generates a Secretary of State warning letter to the parent and...
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