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California Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for California on
Q: Any recourse after auto accident?

I was rear-ended in my car. There is no police report, we exchanged insurance info and went our separate ways. We have the same insurance company. The body shop says it will be more than $10,000 to repair, and the insurance company is saying they will only settle for $5,000 because of the other... View More

James L. Arrasmith
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answered on Jul 18, 2024

Yes, you have some options under California law. Since the other driver is at fault, their insurance should cover your damages up to their policy limits. If their policy limit is insufficient to cover your repairs, you can seek compensation through small claims court for the remaining amount.... View More

2 Answers | Asked in Car Accidents for California on
Q: Hello so a month ago some lady hit my car while it was parked fled the scene and the cops found her car a block away

I didn’t have any info on her insurance so I went through mine and they did fix my car now the lady’s trying to go through my insurance to fix her car and my insurance sent me a letter that if it didn’t cover her car I had to pay out of pocket?? How I have to pay if it’s not even my fault... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, if someone damages your parked car and leaves the scene, it can create a complicated situation, but you're not automatically responsible for their damages. When your car was hit and the driver fled, it's fortunate that the police located her car nearby. Your... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Is it possible hire a lawyer to write a settlement demand letter to an insurance company for an accident I was in?

I was in a 1 vehicle accident and I was a passenger and I’m now waiting on a settlement from the drivers insurance company. I would like to have a lawyer write a settlement demand letter to start the negotiations process. Is that expensive? My mom was also a passenger and she received a lowball... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

There are many, many attorneys who represent individuals involved in motor vehicle collisions. Typically, they will accept your case on a contingency fee (1/3 is common) so you do not have to pay anything upfront. They receiver their fee out of the proceeds collected. A strong demand letter from... View More

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Should I give my insurance company access to my EDR after a minor accident?

I was involved in a minor accident where I was rear ended. My insurance company (Mercury) is asking for a request to my EDR.

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2024

A California attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney about state-specific insurance laws, the general premise followed nationwide is that a policyholder is required to cooperate with their insurance carrier for... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If I were you, I would send a letter (not an email) requesting an office conference within the next thirty days to review your case, to discuss its current status, and to determine your case strategy moving forward.

Typically, attorneys and law firms do not schedule healthcare appointments...
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1 Answer | Asked in Car Accidents, Personal Injury and Tax Law for California on
Q: Do I pay federal and/or California state tax when I win and receive any personal injury settlement or compensation
James L. Arrasmith
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answered on Jul 18, 2024

When you receive a personal injury settlement in California, the federal and state tax implications can vary. Generally, compensation for physical injuries or sickness is not taxable, so you wouldn't need to pay taxes on that portion of the settlement. This means that if you received... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: car got totalled by getting transported. uShip insurance not replying

About 2 weeks ago our car was smashed by a semi truck driver who fell asleep behind the wheel, however he might be uninsured. The transport website uship is not replying to our insurance claim, what should I do?

James L. Arrasmith
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answered on Jul 18, 2024

In California, if your car was totaled during transport and the company or their insurer is not responding, there are several steps you can take. First, gather all documentation related to the incident, including the contract with uShip, any communication with them, and any police reports or... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I booked a car shipment on uShip and bought insurance from them, but they are not replying after a huge accident. Help!

I booked a car transport service and while being towed it was totalled by a semi that fell asleep behind the wheel. Our own insurance doesn't cover it because we were not in the car and it looks like the semi's USDOT # is invalid so they might not be insured either. We are looking to get... View More

James L. Arrasmith
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answered on Jul 18, 2024

In California, if you're experiencing a lack of response from the insurance company provided through uShip, you should first document all your communications with them, including emails, calls, and any responses or lack thereof. This documentation is essential if you need to escalate the... View More

2 Answers | Asked in Car Accidents for California on
Q: I am at fault for rear ending a car. I do not have money. I am on my moms policy. Can they go after my mothers money?

My insurance said they may be suing for more than the insurance policy covers. Possibly five figures.

James L. Arrasmith
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answered on Jul 2, 2024

Based on the situation described, here's a concise overview of the potential liability:

1. Primary liability: As the at-fault driver, you are primarily responsible for damages.

2. Insurance coverage: Your mother's insurance policy will cover damages up to the policy...
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2 Answers | Asked in Personal Injury, Elder Law and Car Accidents for California on
Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More

James L. Arrasmith
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answered on Jul 2, 2024

I understand your frustration with this complex situation. Let me break down the issues and provide some general information that may help clarify things:

1. Insurance coverage vs. settlement:

Even if the other driver's insurance covers your medical bills, your settlement may...
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2 Answers | Asked in Car Accidents and Criminal Law for California on
Q: Can I file a police report for my neighbor deliberately attempting to hit me with their car

I was taking out some trash, when I noticed my neighbor entering her parked vehicle. She started her vehicle, moved it

out of 1 of her 2 designated parking spaces and parked it in the other parking space. As she backed her vehicle into the parking space, I began to walk across the parking... View More

James L. Arrasmith
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answered on Jun 28, 2024

This is a concerning situation.

Yes, you can and should file a police report for this incident. What you've described could be considered attempted assault with a vehicle, which is a serious offense.

Steps to take:

1. Call your local police non-emergency number or...
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2 Answers | Asked in Car Accidents for California on
Q: My car got sideswiped in the parking lot at my work. I'm not currently insured. Do I have a case?

They tried to leave the scene after hitting my car. If I hadn't of caught up to them they would have left.

James L. Arrasmith
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answered on Jun 23, 2024

Based on the information provided, here are some key points to consider:

1. Lack of insurance: Not having car insurance is illegal in California and can complicate your situation.

2. Hit-and-run attempt: The other driver's attempt to leave the scene without exchanging...
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1 Answer | Asked in Car Accidents and Gov & Administrative Law for California on
Q: my car of 5 days was trying to change the title. insurance companys Cal. were not selling auto insurance to anybody. I d

did have another vehical that was insuried. C.H.P. did not cite me for not having insurance . The truck driver was cited. This was Aug 2023. Do I have a exemtion?

James L. Arrasmith
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answered on Jun 23, 2024

I understand you're asking about a complex situation involving a car accident, insurance, and potential exemptions. Let me break down the key points and provide some general information based on your question:

1. You had a new car for 5 days and were in the process of changing the...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Adam Stoddard
Adam Stoddard
answered on Jun 19, 2024

If you were served a summons then you will need to either file a demurrer, motion to strike, motion to quash summons, or answer to the Complaint. You have 30 days to respond in some manner, otherwise the other side can take a default judgment against you.

You should really hire an attorney...
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1 Answer | Asked in Car Accidents and Civil Litigation for California on
Q: On 03/30/2024 a chp officer came to my house standing that I caused a accident when i was no where near the site of cras

Now im getting all these Citation and im taking chp to trial now I got evidence of my whereabouts of that day do I have a case

James L. Arrasmith
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answered on Jun 10, 2024

Based on the information you provided, it seems that you may have a case to dispute the citations and allegations made by the California Highway Patrol (CHP) officer. If you have evidence that proves you were not at the scene of the accident on the date in question (March 30, 2024), then you should... View More

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Municipal Law for California on
Q: Is it legal to park a car on a white curb for a quick in and out pizza delivery in Orange County, CA?

I had a car accident. Parked at a white curb (if not, uncolored) to deliver food. Quick in and out but came out to see a woman backing out of her parking space and hit my car. She had more than a whole car lane of room to go out. I think she’s at fault but was it legal for me to park on the curb,... View More

James L. Arrasmith
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answered on Jun 5, 2024

In California, parking regulations can vary by city and county. However, in general, white curbs are typically used to indicate passenger loading zones with a time limit, usually around 5 minutes. These zones are intended for quickly picking up or dropping off passengers, not for parking while... View More

3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

Joel Gary Selik
Joel Gary Selik
answered on May 31, 2024

What a horrible tragedy. I am so sorry for your loss.

Any case against the CHP would be very difficult for many reasons. First, there is a six month claim submission deadline (though, if there are federal questions, the time limit may be longer). Further, the actions of CHP were likely to...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Had a total loss on my vehicle in 11/2023. It's been six months, no payment from Gap Insurance. What can I do?

All paperwork has been submitted and accepted from GAP insurance company-Smart AutoCare. They keep telling me its "processing". Meanwhile, I am still making payments on a vehicle I no longer possess. Please help.

James L. Arrasmith
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answered on May 24, 2024

Under California law, if your GAP insurance company is delaying payment without a valid reason, you have options to resolve the issue. First, document all your communications with the insurance company, including dates, times, and the names of representatives you spoke with. This record will be... View More

2 Answers | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: person was walking along side of the road,stepped out in front of an on coming car and was killed,,,who's at fault?
James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about this tragic incident. Determining fault in a situation like this under California law depends on several factors.

Firstly, the driver has a duty to exercise reasonable care while operating a vehicle. If the driver was speeding, distracted, or otherwise...
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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

James L. Arrasmith
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answered on May 23, 2024

I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:

1. Check local leash laws and...
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