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California Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Traffic Tickets and Insurance Defense for California on
Q: How much trouble am i in for falling asleep while diving, running a red light and causing a collision?

No one was hurt although the minivan spun several times it had to be towed away. It was a family on vacation and the minivan belongs to a rental company. I have no information from them and don't know what do I do? Also my car is a salvage title with no insurance and no registration but I do... View More

James L. Arrasmith
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answered on Nov 17, 2024

You're facing several serious legal issues that could result in criminal charges, including reckless driving, driving an unregistered vehicle, and operating without insurance - all of which are violations of California law.

The lack of insurance is particularly problematic since you...
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1 Answer | Asked in Car Accidents for California on
Q: What is the term Applicable Excess on a rental car agreement mean? Does it mean I only pay up to the amount of repair?

I accidentally put the wrong fuel type in a rental car and they had to do repairs. The Applicable Excess amount on the agreement is 3000, total cost of repair just under 10,000, does this mean I only have to pay 3000 or the excess over 3000 (7000)? I declined additional coverage, they are saying I... View More

James L. Arrasmith
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answered on Nov 15, 2024

In rental car agreements, the "Applicable Excess" typically represents the maximum amount you would need to pay in case of damage when you have insurance coverage - similar to an insurance deductible. However, since you declined additional coverage, this excess limit unfortunately... View More

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Personal injury in car accident

Hello,

I was recently rear ended by someone on july 5th and I have hired a personal lawyer since then to represent me.

They have assigned me to a chiropractor and a pain management company who performed several MRI tests on me and will be doing a study soon.

Concern:... View More

Robert P. Taylor
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answered on Nov 11, 2024

Lost earning capacity usually relates to a permanent injury that prevents you from engaging in employment or similar employment. If you're off work or can't work for a few weeks because of an injury, that's not generally considered lost earning capacity. Now I don't know your... View More

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I just got rear ended waiting at a red light while driving my motorcycle? Just bought the motorcycle from my friend and

So the motorcycle is not in my name and niether is the insurance for the motorcycle. Also I don’t have a M1 endorsement on my drivers license. What steps should I take? The driver completely admitted 100% fault and I exchanged info and documentation.

William John Light
William John Light
answered on Nov 10, 2024

The motorcycle may still legally belong to your friend, and you might be insured as a permissive user of the motorcycle. If you are injured that can be a big deal. Uninsured drivers can only recover damages for their economic losses (medical expenses, property damage and wage loss). Insured... View More

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2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: In Los Angeles, CA my driver side car was hit while I was getting out the car, while my insurance lapsed, am I liable?

I hadn't stepped out the car, looked both ways and the car was going so fast that upon impact he kept going and screeched on brakes almost 500 feet away.

William John Light
William John Light
answered on Nov 6, 2024

Whether you are insured has no effect on whether you are liable. If you were negligent, you are liable. If the other driver was negligent, he is liable. However, you don't mention any injuries, so his liability, if any, appears to be limited to property damage to fix your car.

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Can I sue CHP for negligence after a high-speed pursuit caused an accident and injuries?

On July 29, 2024, CHP chased a suspect for over 15 miles at speeds exceeding 120 mph, continuing into a residential area with bystanders, including children. Despite the risks, CHP failed to terminate the pursuit, resulting in the suspect crashing into our vehicle, causing severe property damage... View More

James Clifton
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James Clifton
answered on Nov 3, 2024

CHP officers have discretion in high-speed pursuits, but they have to consider public safety as mandated by their own policies and California law. Under Section 17004, officers can be immune from liability during a pursuit, but this immunity has limitations. If officers acted recklessly or failed... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for California on
Q: Can a party use workers comp history from another person?

Na

William John Light
William John Light
answered on Oct 31, 2024

They don't need your consent. Workers compensation claims are a public record. It seems that they just confused two people with the same name.

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1 Answer | Asked in Car Accidents for California on
Q: if you fire your attorney during litigations do you have to have a letter stating that they are no longer your attorney

for the insurance company do they need a withdrawl letter or will you word of mouth be good enough

James L. Arrasmith
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answered on Nov 15, 2024

When firing your attorney during litigation, it's best to have everything properly documented in writing. This protects both you and ensures clear communication with all parties involved.

You should request or expect two key documents: first, a formal withdrawal letter from your...
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3 Answers | Asked in Contracts, Products Liability, Car Accidents and Civil Rights for California on
Q: I have a lawsuit case and I have got a default of judgment & now other party had answer to complaint after Court aweek

Later I was wondering what is my options because they are late by law and now asking me to appear in court in 2026 a year later

William John Light
William John Light
answered on Oct 29, 2024

You will have to explain this better. It is unclear whether you are a Plaintiff or a Defendant, whether you failed to file a timely answer or the other party did. It is unclear whether a Default was entered, a Default Judgment was entered, or neither of those. If a Default or Default Judgment... View More

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2 Answers | Asked in Car Accidents for California on
Q: I have a question about a car crash I was in.

A lady hit me in my car and my license isn’t valid and I now am hurt and I’m wondering what would happen if I want to pursue charges if my license wasn’t valid and what are the next steps and what I should do? It was also at McDonald’s with cameras and I’m hoping to get the footage to... View More

Edward Grichanik
Edward Grichanik
answered on Oct 29, 2024

Fault in a car accident typically depends on who was responsible for causing the collision, which can be demonstrated through evidence like damage to the vehicles, witness statements, and security footage. Since the accident happened at a McDonald's and cameras were likely present, that... View More

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2 Answers | Asked in Car Accidents for California on
Q: I was rear-ended 5 months ago and a week ago I got a mail that said that I was at fault. What should I do?
Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

You may be dealing with a resourceful and imaginative defendant. With the type of situation you describe, they would ordinarily be the one receiving such a letter from your attorney. Unfortunately, until the legitimacy of the claim is verified, you need to treat it as a real claim and place your... View More

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3 Answers | Asked in Car Accidents for California on
Q: Not at fault accident

The other driver doesnt have insurance and it was there fault . What options do i have? Police report was done

Steven M. Sweat
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answered on Oct 21, 2024

You should check your own auto insurance policy and determine if you have uninsured motorist coverage. It is required for all policies issued in California unless you specifically waive it in writing. An attorney would still be beneficial to assist you with the uninsured motorist claim.

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Leon Bayer
Leon Bayer
answered on Oct 15, 2024

As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by...
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3 Answers | Asked in Car Accidents for California on
Q: I was rear ended by police and gang task force can I sue for my damaged vehicle?

I was rear ended by police and gang task force can I sue for my damaged vehicle? I was not the target rhey were chasing someone we pulled over to the side and they manage to hit me 2 times totaled my car we spinner out faced opposite sode of street my daughter busted her nose I got knot on my... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 11, 2024

The property damage claim should be handled by the police insurance (perhaps they're self-insured through the city/county or state). Contact the department who hit you and pursue a claim through them.

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a car wreck in April 2024 we we. re toned flipping the truck over
James Clifton
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James Clifton
answered on Oct 1, 2024

First, seek medical attention for your injuries and follow through with treatment. In order to be fully compensated, doctors will whether you will fully recover or if there are injuries that may be permanent.

Second, keep records of the accident including witness information, the police...
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1 Answer | Asked in Car Accidents and Federal Crimes for California on
Q: Is it legal to cut someone several times in gas station line and harass by showing middle finger and yelling

Costco gas station, I took video and plate number of the driver

James L. Arrasmith
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answered on Sep 29, 2024

It’s not legal to harass or intimidate someone in a public space, including a gas station. Cutting in line repeatedly and making offensive gestures like showing the middle finger or yelling could be considered harassment or disorderly conduct, depending on the severity of the behavior. Such... View More

2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I am on the title of the car, my son caused the accident. Will my assets be at risk?

The lawyer wants information for umbrella. My son was not listed as the driver on the umbrella policy. We own the car. Son was on the auto insurance but not umbrella. The vehicle was listed on the umbrella. He caused the accident while he was 17 years old (now he is 18). So, Do we need to provide... View More

William John Light
William John Light
answered on Sep 22, 2024

The owner of the vehicle is liable for its use, up to $15k per person or $30k per accident (if multiple persons are injured). If you knew or should have known of your son's propensity to drive negligently, you could have your own liability for allowing him to drive the vehicle. However,... View More

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1 Answer | Asked in Car Accidents for California on
Q: My fault car accident and had no insurance

I just received the bill from the other car involved for 21K and they want me to give 5k i recently lost my job and cant afford that amount Can they force me to pay the 5k ? And they choose my monthly payment without even taking into consideration my income status

James L. Arrasmith
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answered on Sep 21, 2024

It sounds like a stressful situation, but don't worry. You cannot be forced to pay an amount that you genuinely can't afford without a court order. The other party can request payment, but they don't have the legal power to decide how much you should pay each month or demand a lump... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: A non injury semi accident that keeps putting off repairs of my vehicle at 18 k damages.

How do I get the insurance or bond company to cover damages

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2024

As my colleague outlines, outline the details of your claim with supporting documentation. If negotiation efforts lead nowhere, you may need to consider legal action. A consult with an attorney could help you determine if that is something you'd take on yourself, or through a law firm - based... View More

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1 Answer | Asked in Personal Injury and Car Accidents for California on
Q: Is there any legal precedence where the lead driver in a rear-end accident, on a freeway onramp, is found at fault?

She stopped suddenly, for no reason, and there were no cars in front of her. Or is the following driver in a rear-end accident, always at fault? Are there any laws prohibiting drivers from stopping suddenly on the freeway onramp? I entered the onramp for the 101 freeway, was travelling about... View More

James L. Arrasmith
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answered on Sep 16, 2024

In California, the driver who rear-ends another vehicle is generally presumed to be at fault because they are expected to maintain a safe distance and be prepared to stop. However, there are situations where the lead driver may share or bear fault, especially if they acted negligently. If the lead... View More

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