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Questions Answered by Charles Candiano
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...
Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: an uninsured motorist hit my parked 2002 toyota sequoia. it is not driveable. how do i get a dollar amount to take them
Charles Candiano
Charles Candiano answered on Jan 11, 2019

Have your insurance repair the vehicle. If you did not have insurance and you believe the at-fault party will pay for the repairs, pay a certified estimator to come out and estimate the damage. Tell the estimator that the cost of repair CANNOT exceed the fair market value of the car. In your... Read more »

2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Can i get a ticket off my record that was listed wrong?

I got a ticket for failure to yield because i had accident. I was turning left on a one way street the correct way. When i had court i asked for a new date because i was sick. I got a paper in the mail saying i was found guilty of turning the wrong way on a one way street which is inacurate. The... Read more »

Charles Candiano
Charles Candiano answered on Jan 11, 2019

On your facts, the judgment was vacated which means that you don't have a ticket on your record. On your facts what you have on your INSURANCE record is an at-fault accident as reported by your insurance company. If you had appeared and asked for a continuance or hired an attorney to ask for a... Read more »

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2 Answers | Asked in Criminal Law and Car Accidents for Illinois on
Q: Can my friend stepmother press personal property damage charges on me? I was not the driver but the vehicle is mine.

My friend was the driver and hit her stepmother vehicle. The front fender has a minor dent but major scratches. I offered to pay for the damages because it was my vehicle even though I was not driving, my close friend was. Since I work part time and only make about 500.00 take home weekly I asked... Read more »

Charles Candiano
Charles Candiano answered on Dec 28, 2018

I have no idea what you are asking. "Press charges" is a silly term that usually refers to someone to asking the State's Attorney to file minor criminal charges against someone. If that is what you mean, I assume you did not have insurance on the car and the stepmother wants to charge her... Read more »

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Husbands been on Workmen's Comp since 1978, needs additional surgery recommended by Doctor.

Can workmen's comp deny surgery?

Charles Candiano
Charles Candiano answered on Dec 21, 2018

Absolutely! The doctor MUST explain how the need for surgery is related to the original injury.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time...
Read more »

2 Answers | Asked in Car Accidents for Illinois on
Q: Can I discover if my car was stopped too closely to an emergency technician bringing a patient to the truck

An emergency technician might have taken a photo of my plates.

Charles Candiano
Charles Candiano answered on Dec 17, 2018

Why does it matter? If you are charged with an offense and you claim an EMT has photos that prove otherwise, of course, you may secure them with a Subpoena.

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2 Answers | Asked in Car Accidents for Illinois on
Q: The insurance agency says it'll provide me with an attorney - should I do that or hire someone privately?
Charles Candiano
Charles Candiano answered on Dec 14, 2018

This is one of the reasons that you buy insurance. They have a duty to defend you, if you should cause an accident. The attorney who they will assign is paid for. Why would you want to pay, again? This is not like the difference between a public defender and a private, criminal defense... Read more »

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1 Answer | Asked in Wrongful Death for Illinois on
Q: How many survivors can be compensated for a person's wrongful death? If a mother dies, can her spouse and children all

recover damages?

Charles Candiano
Charles Candiano answered on Dec 11, 2018

Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different... Read more »

2 Answers | Asked in Car Accidents for Illinois on
Q: My friend was visiting from Europe and was in an accident - can she pursue a claim here?
Charles Candiano
Charles Candiano answered on Nov 24, 2018

Certainly. The only problem is with logistics. When you file suit in Illinois, you MUST make yourself available to be deposed and for trial in Illinois. If the plaintiff needs to be deposed or proceed to trial, she must return to Illinois.

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1 Answer | Asked in Personal Injury for Illinois on
Q: Who's at fault? Insurance denying claim

I was involved in an accident in the slick weather the other night. I was rear-ended by someone who is saying he was rear-ended. His insurance is denying my claim because the mystery car is liable. Problem is, neither he or I ever saw this other car. It's purely his word that he was hit. He asked... Read more »

Charles Candiano
Charles Candiano answered on Nov 21, 2018

It is absolutely reasonable for his insurance to take this position. If the only reason he hit you is because someone hit him, he is not liable. In turn, his insurance company is not liable. That said, common sense should reign. It would be nearly impossible for his card to be hit hard enough... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: How do I file a case for a exploding glass milk bottle that caused boldly harm

The glass milk bottle was sitting in the sink. Was being washed out and exploded

Charles Candiano
Charles Candiano answered on Nov 21, 2018

The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: If my brother filed a wrongful death claim for our father, does that mean only he would get money from the suit and not

the rest of the siblings?

Charles Candiano
Charles Candiano answered on Nov 20, 2018

No, he is just the name on the lawsuit. When the case is tried or settled, the Court will have to approve a distribution of the funds. Siblings generally take equally.

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: The woman who hit my car won't contact her insurance company so they won't pay for my medical or repair.

I have liability w/ medical but lawyer says wait for settlement & fix yr own car? If my insurance pays medical will I have no settlement or more $ to fix my car? Or can they still sue to get her insurance to fix?

Charles Candiano
Charles Candiano answered on Nov 21, 2018

They don't have to pay if she does not cooperate. there must be some misunderstanding. It makes no sense for your attorney to instruct that you repair the car with your own money. Remember, personal injury attorneys are generally not concerned about property damage beyond whether there is... Read more »

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I do piece work - can I still file a claim?
Charles Candiano
Charles Candiano answered on Nov 12, 2018

Absolutely. Sooner rather than later.

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