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Questions Answered by Charles Candiano
2 Answers | Asked in Car Accidents for Illinois on
Q: I need your advice, Someone ALLOWS you to drive their car. You have an accident. They claim it on their insurance.

The insurance totals it out and cuts them a check for $6300 which goes to the bank leaving them owing $700. They then turn around and say you need to pay them $6000. Does this seem right? Not denying that something has to be paid, but it seems that they are trying to get paid twice. Advice me... Read more »

Charles Candiano
Charles Candiano answered on Oct 25, 2020

Assuming that you agree that you were at fault for the accident, you would be obligated to pay the owner of the car $700 as that is the limit of the expense they incurred.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Can I file bankruptcy on a workers comp settlement loan in Illinois or is that type loan exempt from bankruptcy?
Charles Candiano
Charles Candiano answered on Oct 20, 2020

You are asking the wrong question, of the wrong people. You are asking people who are experts in Workers' Compensation law about bankruptcy law. The three big categories of debt which generally cannot be discharged in bankruptcy are as follows: Court-ordered child support; debt which... Read more »

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3 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Will I Still Have A Driver's License?

So in August I have gotten a ticket for no insurance. But I had brought proof of insurance to bring to court on September 23rd, they said I have gotten the insurance too late about it. So I have to pay a fine and on court supervision. Today October 19 I had court for a terrible accident on... Read more »

Charles Candiano
Charles Candiano answered on Oct 19, 2020

If your insurance was active on 9-12-20, you should* be alright. Understand that the officer did NOT cite you with "speeding," he cited you for going too fast for conditions. 15 mph can be "too fast" on ice. You can hydroplane at 30-40, depending on tires and vehicle weight... Read more »

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1 Answer | Asked in Workers' Compensation and Construction Law for Illinois on
Q: I don't have worker comp. I use sub. how can I put the responsibility on sub if anything happens to its laborer?

as a contractor, I do not have worker compensation insurance. I hire people to do the job. how can I protect myself from job site injuries happening to any of the laborers.

Charles Candiano
Charles Candiano answered on Sep 28, 2020

Easy. You require that any Sub provide proof of WC insurance BEFORE you agree to do business with them and keep a copy on file. This does not mean that you MAY be on the hook if the Sub's WC coverage lapses and someone is injured. It's the best you can do.

2 Answers | Asked in DUI / DWI and Car Accidents for Illinois on
Q: If I hire a lawyer to defend me in a case, what do I do if the attorney has done little to nothing for me. Pdf 2000$
Charles Candiano
Charles Candiano answered on Sep 23, 2020

The work performed by an attorney is often not apparent to the client. You also need to recognize that you may not be entitled to any refund from the first attorney. The much better course of action is to meet with the attorney and give them an opportunity to let you know exactly what they have... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: If my accident Medical paid $25.000 towards my Hospital Bills & put a lien for $8,514.84 on My Judgement, of $25.000 l

$25.000 left for pain & suffering. Can i despute this?

Charles Candiano
Charles Candiano answered on Sep 17, 2020

You need to restate your question in terms that we can understand. A "judgment" can ONLY be rendered by a Court. If you really mean a "Judgment" of $25,000.00, you have an attorney and should discuss this with him/her.

Insurance companies CANNOT Lien anything. They...
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2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I believe someone called the police on me but none have shown up yet.

I was at a light when someone honked and accelerated quickly as I did and tried to cut around me quickly getting very close to my car without using a turn signal, I didn't allow them to pass until we were both well over the legal limit and although I should not have we both drove recklessly as... Read more »

Charles Candiano
Charles Candiano answered on Sep 15, 2020

The important thing here is that you recognize that your behavior was ill-considered and could well have ended in your arrest/and or loss of your driving privileges. Let it be a lesson learned. Wherever you are, stay there for the evening. No officer is going to issue a ticket for behavior that he... Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for Indiana on
Q: I live in Indiana and my neighbor said he will shoot my dog if he goes into his yard. Is this legal or a threat ?

I know president Trump just passed a new animal abuse law

Charles Candiano
Charles Candiano answered on Sep 7, 2020

No President has the authority to pass any laws. That is the exclusive province of Congress. I cannot speak to Federal Law, but Indiana State Law (IC 35-46-3-12.5) protects against Domestic violence animal cruelty

Sec. 12.5. A person who knowingly or intentionally kills a vertebrate...
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1 Answer | Asked in Car Accidents for Illinois on
Q: My stepson caused damage to my home and car prior to him obtaining a permit to drive.

We had a verbal agreement that he would help with all the repairs. He has decided not to return to our home because his mother bought him a car (just turned 16) and doesn't like he would be grounded from the car at our home until the repairs are done to my car.

The mother is... Read more »

Charles Candiano
Charles Candiano answered on Sep 1, 2020

You ask: "Is it too late to report the damage?" Too late to report the damage to whom? If I understand you, correctly, you are saying that a 15-year-old drove one of your cars into your house, damaging both the car and the house. You also state that you made a "verbal... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: I have a question about right of way between a pedestrian and a vehicle in Indiana.

If a vehicle is traveling down an alley to a road and must cross a sidewalk to get there who would have the right of way between the vehicle and a pedestrian walking down the sidewalk? Note the vehicle came to the intersection where the sidewalk is located before the pedestrian crossed into the... Read more »

Charles Candiano
Charles Candiano answered on Aug 27, 2020

In such a situation, the pedestrian ALWAYS has the right-of-way. If a pedestrian walks into the side of your car, that's on the pedestrian.

1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: If a car runs a stop sign causing a speeding moped to hit the car who is at fault? Can a video give probable for a charg

Can a police officer be at fault for giving a speeding charge and not a disregarding a stop sign? What if that same officer has been harassing the one charged?

Charles Candiano
Charles Candiano answered on Aug 27, 2020

Your question is not stated clearly enough to give you a definitive answer. If you are saying that a moped was proceeding straight, through an intersection for which it had the right-of-way and the car entered the intersection from the other road, failing to stop at the stop sign, the vehicle that... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: my wife died car accident and is on her dad's insurance but since she's my wife do I get paid
Charles Candiano
Charles Candiano answered on Aug 27, 2020

Sorry for your loss. If you mean that she was in a fatal accident while traveling in a car insured by your father-in-law, that has nothing to do with it. You have the right to pursue a Wrongful death suit against whomever caused her death. If she was a passenger, you are entitled to the policy... Read more »

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Hi. In Illinois, how is unemployment pay calculated after a person comes back from 6 months of worker’s compensation?
Charles Candiano
Charles Candiano answered on Aug 18, 2020

As though you were unemployed for 6 months.

1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: I have a Pending guardianship and my guardian has sold my estate and my personal belongings . Would this be conversion?

She has placed me in a Nursing Home and I have no say in anything. She does not respect my rights, she just treats me as if I don't exist! Her attorney appointed an attorney ad-lit-um for me who I have not heard from for over a year!

Charles Candiano
Charles Candiano answered on Aug 2, 2020

Conversion is just a fancy word for steal. If you suspect that your guardian-ad-litem has stolen your property, simply request an accounting. The guardian's failure to account for ANY part of your property would constitute a breach of his/her fiduciary duty to you and subject the guardian to... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: Auto insurance company denied my claim on May 28th & haven't mailed me my notice on why I was denied. Do I have a case?
Charles Candiano
Charles Candiano answered on Jul 8, 2020

Who's auto insurance denied what claim and under what circumstances? Who was at fault? These questions and more would need to be addressed before anyone can advise how you should proceed. If you don't have a written denial, the claim is NOT denied and you certainly cannot sue the... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Indiana on
Q: Grandson involved in car accident other driver no insurance. His 1969 VW Squareback totaled Can he sue for car damages?

Lady pulled out in front of him.grandson and great grand kids OK.She had no insurance. His insurance Progressive is offering him $4500 for his classic car that's worth way more than that. They gave him $2000 for lost work and injuries and $750 for each child. they are low balling him on car.... Read more »

Charles Candiano
Charles Candiano answered on Jun 18, 2020

You say that he processed an uninsured motorist claim (called a UM claim) with his own carrier so he's done. He did that INSTEAD of suing the at-fault driver. When you pursue a UM claim, you give YOUR insurance the right to sue in your stead and they will do so. If you do not agree with... Read more »

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...
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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...
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