Lawyers, Answer Questions  & Get Points Log In
Questions Answered by James Otto Heiting
4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Feb 19, 2024

Either you were working and your employer covers it; or you were not working and your personal insurance covers it. There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation. Good luck.

View More Answers

7 Answers | Asked in Personal Injury for California on
Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Feb 19, 2024

Depends a lot on the height of the defect, the cause and how long it has been there. History of other falls and totality of circumstances make a difference. They can be very difficult to get past motions claiming the defect is "trivial".

View More Answers

3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.

Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit?

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Oct 6, 2023

With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up.... View More

View More Answers

4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Jun 22, 2023

Failed airbags can be the cause of injury and the companies responsible liable for damages in the right case with the right facts. Experts will also have to be engaged to review, examine, and possibly test involved parts and vehicles. If the injuries are serious enough, it may be worth pursuing.

View More Answers

4 Answers | Asked in Personal Injury for California on
Q: the sidewalk is now cut after I trip and fell and yet no attorney wants to help me recover damages done to me?

I trip & fell on a sidewalk. Breaking my left wrist! Feb 10th 2023. I contacted a bunch of attorneys no one would take the case? I went back to the site where I trip & fell (where I collect my mail) I noticed they or someone cut the sidewalk where I hit my toes on and fell? Which was way... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on May 30, 2023

You have received good reasoning and information from the lawyers who answered your inquiry. If you have photos and information that indicate liability is good against the responsible party(ies), the issue also involves extent of damages. Do not stop looking for an attorney just yet. Try a few... View More

View More Answers

3 Answers | Asked in Car Accidents for California on
Q: Do I have any recourse and do I need a lawyer?

I was hit by an unlicensed, negligent minor and my car was totaled. Fortunately I wasn't injured but the car that I have been investing in for the past 3 years is a total loss and now not only am I out a vehicle I'm out that 3 year $11,000 investment. First how do I get the other... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Apr 14, 2023

You might need to get your own rental and then bill the insurance company for reimbursement. Talk to them first, and they will help you if you have the coverage. The owner of the offending car may have insurance, as well, and they would be a resource for you. Get good comps and gather all your... View More

View More Answers

5 Answers | Asked in Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client

Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Mar 15, 2023

While I would hope your attorney would communicate his/her feelings and opinions about your case so you could understand why this decision was made, and so you can take steps in your own best interests, unless that attorney is prejudicing your case (harming it/you by his/her actions) in some... View More

View More Answers

3 Answers | Asked in Car Accidents and Small Claims for California on
Q: Would Robertson's Trucking Company be liable for vehicle expenses related to tire blow-outs? Amount seeking $3,032.63

Hello, I live in Southern California. I was driving to work one morning when a gravel towing semi truck's tire blew out, flinging the debris in my immediate lane. With cars on either side of me and how quickly the incident occurred, I could not maneuver out of the way, resulting in my vehicle... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Feb 19, 2024

Take them to small claims court.

View More Answers

2 Answers | Asked in Admiralty / Maritime and Personal Injury for California on
Q: Maintenance and cure. Jones Act, Federal Jurisdictions for filing claim.

I was hired as a Captain for a speed boat operation in Miami. Worked three days, on third day, another captain driving the boat executed a reckless maneuver during the "go to fuel the vessel pre passenger morning prep". The captain was traveling at forty mph, max throttle for that craft.... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Jun 20, 2023

Florida is the state for you. The accident is there; the witnesses are there; etc.. That is my suggestion. Contact an experienced lawyer in Florida near the accident scene as soon as you can. Do not delay.

View More Answers

5 Answers | Asked in Personal Injury, Criminal Law and Landlord - Tenant for California on
Q: Can the owner of property/business be liable for inadequate security if victim was shot on premises?
James Otto Heiting
PREMIUM
James Otto Heiting
answered on Apr 12, 2023

The short answer is, Yes, they can be liable under appropriate circumstances. The injured party (or heirs) should contact a lawyer experienced in this type of law asap. The lawyers will need to get documents and do some investigation if they are interested; and strict time limits apply.

View More Answers

6 Answers | Asked in Personal Injury for California on
Q: Do I have a case?

I was walking on 103rd (La county) and fell into a 1 foot deep pothole on the sidewalk, thus tripping and breaking my 3 front teeth. I was unaware of the hole and wasn’t able to see it during the night. I have the medical cost to fix and witnesses. This problem had already been reported to the... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Apr 12, 2023

Sounds like you have a potentially good case. Contact an experienced personal injury lawyer right away. Best if it is in the area where the fall took place. This would be on a contingency basis, so you wouldn't pay anything until the lawyer got you money.

View More Answers

4 Answers | Asked in Personal Injury for California on
Q: Any does and don’t’s when pursuing a potential personal injury attorney?

I am in need of a new personal injury attorney, anything you guys know that can help me out any pointers? Things to say, things not to say, things to do, things not to do, anything helps.

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Mar 16, 2023

See our website and blogs there.

View More Answers

5 Answers | Asked in Car Accidents and Employment Law for California on
Q: If I was driving commercial vehicle for my employer and had a accident now the person who I ran into supena me 5 years l

Later and the employer claims they had no insurance at the time accident who pays the damages

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Mar 13, 2023

You AND the employer could be liable. This would, of course, require some in depth review and case analysis and is only a generality without more specific information.

View More Answers

3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Multiple vehicle accident in CA, vehicles who did NOT hit me want my insurance limits information, do I give it?

There was a multiple vehicle rear end accident in a lane next to me. A vehicle trying to avoid it turned into my lane and hit me. Now the other drivers who didnt hit me or vice versa are reaching out to my insurance for coverage information. I dont see why I should let my insurance give them my... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on May 18, 2022

Sorry to hear about your accident. Sounds like you came through it ok, and that's a good thing. The answer to your question is, "No". Pass on any and all correspondence and/or requests to your insurance carrier. They will deal with it all directly. Don't get involved in... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.