the car didnt stop all the way making a right turn and didnt even seem to see me cause it rammed right into me. i felt bad and was in pain i just had my girlfrind get her info just in case also she wanted to give me cash to at least pay for the bike and gave me 90$ i didnt make a police report but... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023
It sounds like the other party was negligent, which would warrant a claim. You would still have a case even though a police report was not made. There is no way to determine potential case value without an attorney reviewing your medical records and bills. Cases like this can resolve within... View More
Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2023
Check with the police department listed on the card they gave you and see if a formal accident report was made. Driver's insurance information will be on page one of that report. If no report was made, you can file an SR-1 (Report of Accident) with the DMV and follow this up with an SR-19... View More
Fell of and caused me to crash and injured my back and neck. Do I have a case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023
Yes. If they were negligent in repairing your tire and this caused the crash, you would have a claim for personal injuries. I wrote a blog about this scenario here: https://www.victimslawyer.com/mechanical-failure-traffic-accidents-in-california.html
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2020
If the party that crashed into the parked car was negligent, then they would be liable.
I sold the vehicle, I had them sign their name and everything necessary on the pink slip, as well as my signature to release it, but forgot to remove and take the release of liability. The person has caused damages worth 20k yet I am liable. I have records of the conversation leading up to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2020
This is a tough one. You will probably not find an attorney willing to help you on anything other than an hourly basis with an up front retainer. Unfortunately, to be relieved of liability, you must comply with the legal requirements of filing with the DMV (See Savnik v. Hall (1999) 74... View More
I was on my way to work and it was night time/early morning. I drive the same road every day and there has never been a fallen tree in the middle of the road. Some street lights dont work. Someone should have reported the fallen tree before the accident.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2020
It is possible. However, claims against public entities are difficult. There are legal protections called "governmental immunities" that apply to them and don't apply to private parties. There is also a very short statute of limitations (time limit to file a claim) of only 6... View More
My accident was in April 2019. They found the other driver at fault she ran a red light. I was injured. They settled for an amount but the attorney never reached out and I always have to call or email. If they already settled for the amount and my medical they said picked up alot of the bills back... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2020
Once the case settles, the normal procedure is for the law firm to obtain your signature on a release agreement, send this to the insurance company, and obtain and deposit the full settlement amount in an Attorney-Client Trust Account. The attorney would then normally negotiate reductions on the... View More
Do I notify the manager of the motel? I already filed online report with public health services
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2019
Yes. You may have a claim if you sustained bites.
I was rear-ended in a car accident where my car suffered minimal damage (rear bumper had to get replaced) but my injuries were still significant (severe whiplash). Ultimately I was treated 23 times (19 PT sessions and 4 dr visits/urgent care). The claims adjuster does not believe my 19 PT sessions... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2019
This is a typical tactic from a California auto insurance carrier. Claiming "minimal impact" and alleging "delay in treatment" are two of the more common excuses for low settlement offers. Because you have already initiated the small claims action, you have two choices: (1)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2019
Not enough information
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2019
If she was an excluded driver on your policy, you may not be able to file any claims with your own insurance. If she was injured, she would still have the right to assert a bodily injury claim against the drunk driver or their insurance. You would also have the right to assert a claim for the... View More
Can I sue a large chain store in California or must action be filed in Hawaii?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2019
The proper venue is usually where the accident and injury took place.
- a truck pulled in front of him and the bike swerved and went out under the guy - i hit his bike - am I at fault in any way here?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2018
Possibly. From what you describe, it would appear that the majority of fault lies with the truck driver who pulled out and caused the initial collision in violation of California Vehicle Code 21804. However, there MAY be some fault attributable to you for either following too closely (California... View More
I was in one car with my daughter and her boyfriend I was in the back and I had the most serious injuries but it's taking too long so why is it taking long for that outcome
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2018
Unfortunately, insurance companies don't want to settle claims "piece meal". They want to have a settlement that includes all people making claims. I would suggest retaining a personal injury attorney if you don't have one and asking them what can be done to expedite the claim.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2018
In general, negligence is a "common law" doctrine and not a statutory cause of action. However, California does have a negligence standard set forth in California Civil Code 1714.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2018
Retain an attorney to advocate for your position. People not represented by lawyers in personal injury claims tend to be offered very little.
Car hit while parked. My insurance doesn't cover. SF police won't give me police report [Gov't Code 6254(f)] so I don't know who is responsible so I can't contact their insurance. Can't afford even an estimate. Car not drivable as-is. No one was in my car so... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2018
If you have collision coverage, your insurance should cover this incident.
This time we got only 1 offer &that was in the beginning which i dont believe &he not be truthful about question is he playing me.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2018
Not enough information has been provided to analyze your situation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2018
Unfortunately, you would need to provide some additional information. The normal deadline for filing a personal injury claim in California is 2 years from the date of the incident that caused your injury but, delay in diagnosis is possible. Consult with an attorney immediately on any potential... View More
Hello, I'm 19. I had a car accident in Dec 2016 and I was unlicensed at the time and not on the insurance policy so I got charged 20,000 for the damage of a KIA Optima. A few months ago I received a paper in the mail from Los Angeles COUNTY court saying we had to settle the payments through... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2018
Tough situation. Your options are to work out a payment plan or, assuming the incident didn't involve drunk driving, it would probably be dischargeable in bankruptcy. You should consult with an attorney who handles debt negotiation and bankruptcy issues.
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.
