Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Steven M. Sweat
5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Car hit while legally parked - can't get police report. Can't get car fixed.

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

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label 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.

View More Answers

2 Answers | Asked in Car Accidents for California on
Q: Hi i had a freeway accident my car was totaled&the other party addimiting fault 2yrs ago and my lawyer is telling me all

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.

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label 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.

View More Answers

3 Answers | Asked in Personal Injury for California on
Q: 2007 I was given a serious brain injury, I developed a serious brain disease 6 years later, can anything be done
Steven M. Sweat
PREMIUM
Steven M. Sweat pro label 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

View More Answers

2 Answers | Asked in Car Accidents for California on
Q: I have an involuntary lien on me for 20,000 for a car accident, I am a student and don't make much money. What to do?

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

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label 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.

View More Answers

4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My brother took my car without asking and got into an accident.

Now my car is all smashed up and my brother is hurt in the hospital. The other car is also a mess and the passenger of that car is still in the hospital too. The driver wasn’t hurt so bad. I have insurance for me on my car, but does this cover my brother? I’m not sure who I’m supposed to... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2018

Report the claim to your insurance carrier immediately. You are not obligated to speak with the insurance company for the other side.

View More Answers

3 Answers | Asked in Car Accidents for California on
Q: We are having problems with the other parties insurance company paying for loss of car among other things.

My daughter was in a car accident and her car was totaled. The other insurance company keeps lowering the amount that they will pay and the want us to sign a waiver saying we wont go after the other party or them for more money. We don't feel that that is fair and the are offering us way less... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2018

You are entitled to "fair market value" on the vehicle. Most insurance carriers calculate this value based upon a "market comparison" (i.e. what have vehicles similar to your daughters in specs and mileage sold for in the past 6-12 months). If you have collision coverage... View More

View More Answers

4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was injured and in auto accident and their inuance issayig that they 100%at fault
Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2018

You should seek prompt medical attention and retain a personal injury attorney. Just because the insurance company for the other driver is accepting "100% liability", does not mean they will compensate you fully for your injuries. Having a personal injury attorney to obtain medical... View More

View More Answers

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I the the persons insurance is taking full 100% lieablity how much is the pay out for my car and my self
Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2018

This depends upon a lot of factors. For your car: the standard is the lesser of "fair market value" or the cost of repair. If the cost of repair exceeds fair market value, your vehicle is deemed a "total loss" and the value of the car is owed. As to how insurance companies... View More

View More Answers

3 Answers | Asked in Car Accidents for California on
Q: I was involved in an accident 2 days ago. The other person ran the light & hit my tire on the drivers side.

How long am I suppose to wait for their insurance to provide a rental since my car just got picked up for inspection today?

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2018

Unfortunately, many if not most insurance carriers have a policy of having you rent the vehicle and then submit the bill to them for reimbursement. Some carriers still have direct relationships with certain rental agencies (like Enterprise). It usually takes a week or two at a minimum for them to... View More

View More Answers

3 Answers | Asked in Car Accidents for California on
Q: I would like to get a ballpark answer of how much I would receive from a major city lawsuit involving a lifetime injury

My lawyer said the case is going in motion.

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2018

I agree with the other answers. There is no "formula" for coming up with a reasonable settlement value or possible judgment value if you were to go to trial. Your lawyer would be the best person to analyze this as he or she has all the information about the case and your injury. If you... View More

View More Answers

5 Answers | Asked in Personal Injury for California on
Q: I was riding my bike and was hit by a car.he was on his phone got7 stitches what affair amount to take
Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2018

The value of any personal injury claim including a bicycle accident is broken down into two basic categories as follows:

(1) Economic Damages: These are the out of pocket costs associated with the incident. They include the reasonable value of your medical expenses, lost wages from time...
View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I had one Personal Injury Lawyers & didn't hear from them. I acquired another one. Is it Legal?

I was in an auto accident and filed a claim against the other insurance. They denied my claim based on the police photo they have. I retained a PI lawyer to look into my case. Upon their photo discovery I was told it looked like I was an inch off the line (but hard to tell). I was hit and suffered... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2018

An attorney may still be willing to take the case if he or she feels like you have a reasonable chance of recovery. Many auto accident claims are not "cut and dry" when it comes to liability. Because California is a "comparative fault" state, you can have some fault in the... View More

View More Answers

3 Answers | Asked in Car Accidents for California on
Q: Can someone claim all medical bills $7,000 in a car accident, but pay only the 50.00 deductible and keep all the rest.

My son was in an accident, his fault, his grandfather drop the insurance on it without his knowledge. His girlfriends father filed a claim through their insurance knowing that my son did not have insurance and so now my son is out over $7,000.

The father claims he had medical bills but... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2017

I agree with the other answers that your son may have a breach of contract claim and/or a claim for "detrimental reliance" against the person he was paying for the auto insurance. If the passenger claimed injury, the "reasonable value" of her medical expenses will be what was... View More

View More Answers

1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Hi.I was at home with debilitating back pain for 20 months. I was doing back chiropractic exercises to get better. My

Mom took care of food. I couldnt stand for morr than a minute because the paind would be too bad and it would reverse my healing. My mom wants to kick me out. I understand i was a lot of burden but can she do that? I am referring to dependent adult neglect... can she just quit being my caretaker... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2017

If the injury occurred while you were working, you should immediately consult a workers compensation attorney. You may be eligible for temporary disability benefits that could help pay living expenses while you continue to heal.

1 Answer | Asked in Personal Injury for California on
Q: Can I sue for miscarriage cost?

We were together for 3 months. Towards the end I discovered I was pregnant. At 9 months I lost the pregnancy. I was directed by my nurse to go to an e.r. there they made sure I had completely passed the fetus and that it wasn't ectopic. Weeks later I received the bill (after insurance) the... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2017

Although I feel for your situation and from a "moral" standpoint, your boyfriend should help, forcing him to do so by way of a civil lawsuit would be very difficult in my opinion. Seek out legal advice immediately and provide more facts if you want to pursue the claim.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: how long do I have to pursue this claim.

I was injured as a pedestrian on 12/25/2012. I filed a lawsuit two years later in pro per to meet statutes of limitations. By 10/5/2015 I was ill and had the case dismissed without prejudice. Can I open this claim again or am I done.

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2017

I agree with the answers above, the fact that it was dismissed without prejudice may allow you to re-file but, does not necessarily allow you to file beyond the statute of limitations period. You should consult an attorney immediately about the facts of your particular case.

View More Answers

1 Answer | Asked in Car Accidents for California on
Q: Can I get pain and suffering money?

Very minor car accident. My vehicle was parked with my 3 children and myself inside, another tried to park and hit mine.

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2015

From the information you provide, this sounds like a very minor impact claim with no physical injuries. If this is the case, any claim for pure "emotional distress" would, unfortunately, not have enough value to pursue in my opinion.

1 Answer | Asked in Car Accidents for California on
Q: I was involved as the driver in an accident where a pedestrian was injured last year. what type attorney should I seek
Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2015

You should immediately report the accident to your insurance carrier if you haven't done so already. They will assign a claims adjuster who will contact the person you hit or their legal representative and attempt to resolve any claims. If a lawsuit is filed, they will also provide a defense... View More

1 Answer | Asked in Car Accidents for California on
Q: Someone hit my car, and begged me not to file anything since they didn't have a license. What do I do?

It was a minor accident (just a small dent) and so I told him that I wouldn't call the cops as long as he paid for everything. He agreed. I took a picture of his state ID, but forgot to get a picture of the license plate. Now it's two weeks later, and I'm worried that he's not... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2015

First, you should report this to your own insurance carrier as failure to promptly report an accident may be grounds for denial of a claim. You should provide them with this person's information and driver's license. If you have collision coverage, ask if they can repair your vehicle... View More

2 Answers | Asked in Personal Injury for California on
Q: Dog bite damages

A small claims judge awarded a plaintiff damages of $1500 for a dog bite, even though she, 1) did not provide any documentation of her injury or evidence of actual medical costs, 2) could not prove psychological damages, 3) could not prove lost wages. Why would he make this decision? Is it at his... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2014

In general, a dog owner is "strictly liable" if their pet bites another person pursuant to California Civil Code 3342 (i.e. one need not prove that the dog had shown any prior propensity to bite someone). However, you are correct that "damages" must be proven. Such damages are... 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.