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Questions Answered by Charles Candiano
1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: Can speed bumps be installed on a rural county road to slow traffic down if pulling out from a driveway?

What other options are available if speed bumps are illegal?

Charles Candiano
Charles Candiano answered on Jun 1, 2020

YOU CANNOT install ANY type of traffic regulation on ANY public road. Contact INDOT for more information.

2 Answers | Asked in Car Accidents for Illinois on
Q: What am I legally entitled to in Illinois if I'm rear ended while stopped in traffic?

The car is a total loss. The insurance company is offering me a settlement amount that will pay off my outstanding loan, but leave me almost nothing for a down payment on a replacement vehicle, so I'll have to deplete my savings to get another car, and even if I get the same year, make and... Read more »

Charles Candiano
Charles Candiano answered on May 22, 2020

You owe it to yourself to discuss your case with a personal injury attorney to determine what they can do for you. Our fee is based on recovery for injuries so it would not affect any recovery for damage to your vehicle. That said, it is rare that your car would be totalled without you sustaining... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: Rear ended by uninsured driver. Should I take it to small claims court??

My family was rear ended in Jan 2020 and they had no proof of insurance at the time of the accident so it was a mandatory court appearance and we were encouraged to appear. In court he submitted insurance to the court, getting the ticket dropped, but when I submitted our outstanding bills to the... Read more »

Charles Candiano
Charles Candiano answered on May 19, 2020

Go to the prosecutor who handled the Hearing in February and provide him with your correspondence from the other driver's insurance company stating that the insurance was not in effect on the date of the accident.

If the Defendant has any motivation to drive, legally, he will pay...
Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: I hate a question about a car accident

My brother took my car without my permission and another car hit him on the eway. But my brother doesn’t have a license or ID so he ran because he was scared of going to jail. I don’t want to press charges on my brother at all but I want my car fixed. He was able to get a picture of her ID and... Read more »

Charles Candiano
Charles Candiano answered on May 19, 2020

If you can prove that the accident was the fault of the other driver AND if she had insurance, her insurance will pay for your car.

If your brother lives with you and he is not on your policy, you had to expressly exclude him from coverage so your insurance will fight the claim. Even if...
Read more »

2 Answers | Asked in Car Accidents for Illinois on
Q: If you back into someone in a parking lot with a car that you do not have insurance for are you held reliable for damage

I know this sounds like a simple question but what if have insurance for your own vehicle. can that insurance pay for the damages.

Charles Candiano
Charles Candiano answered on May 14, 2020

It depends on many factors. On the one hand, you cannot own 4 cars, insure only one, and expect that you are covered for all four. The insurance company would cry "fraud." On the other hand, if the uninsured car belonged to someone else, and you do not drive it regularly, the damage to... Read more »

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I paid $657.00 to my principle tenant to live there for 6 months and I moved out in two weeks. Can I get my money back?
Charles Candiano
Charles Candiano answered on May 7, 2020

This is confusing. A tenant pays rent to a landlord. If you are the tenant, the first question is whether you have a lease? If no lease, what proof do you have that a.) you paid $657 and b.) there was an agreement that this covered 6 months of rent. I am not aware of any place that someone can... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Tree branch fell on my boyfriends car, land lord won't do any thing about it because he said it was an act of God

it wasn't windy out or storming out and the car has been parked there for a while. How was it an act of God and not poor maintenance on the landlords part. We own our trailer but we pay lot rent. He has trees lined all along where everyone parks their cars.

Charles Candiano
Charles Candiano answered on May 7, 2020

This would be covered under the Comprehensive coverage on your auto policy which usually has a very low deductible.

1 Answer | Asked in Consumer Law for Indiana on
Q: Is there a legal issue where a company can get in trouble for harassing a customer?
Charles Candiano
Charles Candiano answered on May 7, 2020

No meaningful answer can be given unless you provide more detail and ask the question more carefully. It is certainly POSSIBLE for a company to illegally harass a customer or anyone. If you describe the conduct, we can try to determine whether the conduct constitutes harassment.

1 Answer | Asked in Workers' Compensation and Probate for Indiana on
Q: If someone dies during a work comp settlement that's unrelated to the injury gets engaged living together then married

settlement was not started though initial papers were filed with amended form with spouse signature to start settlement. Would the wife receive the settlement? Children were adults at time of accident and non dependent.

Charles Candiano
Charles Candiano answered on May 7, 2020

Your question is not clear, on any level. In Workers' Compensation (WC) generally, time stops at the moment of injury. That may not have anything to do with your question. If the person dies BEFORE the case is tried or settled, the WC claim becomes part of his estate. If the person then... Read more »

1 Answer | Asked in Contracts for Indiana on
Q: I got married in August of 2018 where I contracted and paid a business to film our wedding day.

Within the contract it stated that our film would be returned to us within 7 weeks following our wedding. It has now been 8 months. By law is the business required to refund my money as they did not meet contracted agreement?

Charles Candiano
Charles Candiano answered on May 7, 2020

You need to read the contract. Whatever it states is what you agreed to as "the law." If the contract states that "video shall be provided to customer on or before October 1, 2019. Failure to do so entitles customer to demand a full refund..." or words to that effect, you... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: Where do I report a healthcare practitioner? I have been extremely unwell... Little has been done to help the situation

Over the last few years I have become very unwell. I was a normally functioning person but became unwell and am still unwell. When I go to a medical provider, nothing is done to actually acknowledge what's wrong. Many times they say something similarily equal to "nah". My... Read more »

Charles Candiano
Charles Candiano answered on May 7, 2020

Complaints are filed with the Attorney General at https://indianaattorneygeneral.secure.force.com/ConsumerComplaintForm

On your facts, you may simply wish to seek a second opinion from another doctor as you do not describe any conduct that suggests the doctor is causing harm to you or...
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1 Answer | Asked in Land Use & Zoning for Indiana on
Q: I just found out that my neighbor’s garage is on my property. What recourse do I have?

I have lived in my house for over 12 yrs and just decided to fence in my yard. The neighbor has tried to buy part of my side yard several times. I am pretty sure that he knew his garage was on my property. I am not interested in selling any of my land. I wouldn’t have known any of this if I... Read more »

Charles Candiano
Charles Candiano answered on May 7, 2020

Discuss your options with a local real estate attorney. On your facts, you could compel your neighbor to move the structure. If the infringement is inches and you intend to live next door to this person, you may want to consider some other arrangement, under the guidance of an attorney.

1 Answer | Asked in Car Accidents for Indiana on
Q: I was pulled over and arrested in illinois. They towed my car and I went to jail. There is a article 36 hold on it.

When will I know if they are seizing it

Charles Candiano
Charles Candiano answered on May 7, 2020

The words may be getting in the way. The police already HAVE seized your car pursuant to Article 36 which is a statute in the Illinois Criminal Code, found at 720 ILCS 5/36-1. The State will now begin the process of asset forfeiture. If you make a demand for trial, the State must be able to... Read more »

3 Answers | Asked in Employment Law for Indiana on
Q: I worked as a instructor for a trucking company, we didnt get paid overtime even though we werr forced to work over 40

They said its because we were classified as drivers, however we never drove, never kept logs. We were all either severenced or furloughed on 4/24, but were told we were non driver personnel..how can you not pay us overtime by saying were considered drivers but then labeled non driver to furlough or... Read more »

Charles Candiano
Charles Candiano answered on May 7, 2020

On the issue of overtime, simply complete this online form with the Illinois Department of Labor at: https://www2.illinois.gov/idol/SiteAssets/Pages/Complaints/Wage%20Complaint%20English%20Form.pdf

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1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Indiana on
Q: What is the rules on driving a moped in Indiana?

Like I head people who lost there licence can drive mopeds still I tryed looking it up online but im getting mixed results saying you need a licence or a moped license or even just an ID. I currently do not have my licence do to anxiety driving with someone so after i heard about this i thaught... Read more »

Charles Candiano
Charles Candiano answered on May 4, 2020

Your local license branch can walk you through the process. The following is from AAA's digest or motoring laws and seems accurate:

Owners of mopeds or scooters with engines smaller than 50 cubic centimeters must apply for a registration. Such mopeds or scooters will receive license...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Q: Car insurance didn't approve accident.

I have insurance on my vehicle as well as my husband and daughter in laws. Were all covered for all cars. My dil got into an accident 2-19. Her car is in my son's name. Hes in the navy and will be gone for 8 years, so we don't have him on the insurance. Now they're refusing to cover... Read more »

Charles Candiano
Charles Candiano answered on Apr 16, 2020

With the exception that you must purchase insurance in a minimum amount, the terms of your auto insurance are governed by your policy, NOT by law. So it is not possible to tell you whether the exclusion is "legal or illegal." An insurance policy is a contract so it can specify whatever... Read more »

Q: What type of legal document do I need to file to request that a court ORDER Unemployment Agency to take paper Applicatio

I am from Illinois and I recently tried to file for unemployment due to COVID-19 by mailing a paper copy of the official IDES unemployment form(which I downloaded and printed from a PDF file on their website).

I received a call days later that they would not accept paper applications and... Read more »

Charles Candiano
Charles Candiano answered on Apr 12, 2020

In general, an agency has the ability to promulgate administrative rules. If their refusal to accept a paper application effectively denied your benefits, it might be possible. Under the current circumstances where the majority of the population is under a stay-at-home order, nearly all government... Read more »

3 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Indiana on
Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

Charles Candiano
Charles Candiano answered on Apr 5, 2020

if you were trying to handle this on your own, you are in trouble. these two, entirely separate and distinct actions: 1.) you have a Worker's Compensation which is a Board member of the Indiana Workers' Compensation Board; and 2.) you have a traditional lawsuit in the Circuit Court for... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: As a legal adult in Illinois, can my boss tell my parents I’m in trouble at work?

She doesn’t know them and barely knows me. They are not my emergency contact. She said she was going to talk to me about it but hadn’t muttered a word to me about it the 2 days I worked the same day as her.

Charles Candiano
Charles Candiano answered on Mar 29, 2020

She cannot divulge your medical history. Without commenting on the propriety, it is not illegal for her to tell ANYONE that you are in trouble at work, provided that she states only facts.

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