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California Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents, Child Custody, Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:

1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a...
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4 Answers | Asked in Car Accidents for California on
Q: Are there situations where a company's insurance will not cover an employee driver in a company car post accident?
William John Light
William John Light
answered on Apr 1, 2024

One can always conceive of a circumstance in which an insurer may deny coverage. That imagined circumstance may have nothing to do with what is actually happening to you. Even if the employer's insurer refuses to defend or indemnify you, the employer still has an obligation under Labor Code... View More

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3 Answers | Asked in Car Accidents for California on
Q: Driving for a company. Got into an accident. Does company insurance cover, or mine?

The company I work for provides transportation for many reasons for individuals and groups in a variety of vehicles. I am employed as a driver. I got into an accident that was technically my fault.

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answered on Apr 1, 2024

Under California law, the insurance coverage for accidents involving company vehicles can be complex and depends on various factors. Here's some general information:

1. Commercial Auto Insurance: If the company you work for has a commercial auto insurance policy, it will typically be...
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2 Answers | Asked in Car Accidents for California on
Q: Is my car insurance allowed to provide the other party in attorney if I am at fault?

I was involved in a car accident with a moped, to which I signaled to change the lane and look both ways when suddenly the moped appeared out of nowhere and hit my vehicle. The other party was not a motorcycle licensed driver and was not the owner of the motorcycle or the insured party. The other... View More

James L. Arrasmith
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answered on Mar 29, 2024

Under California law, your car insurance company has a duty to defend you in the event of a claim or lawsuit if you are deemed at fault in an accident. This includes providing legal representation to protect your interests. However, the insurance company's primary obligation is to its... View More

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2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

William John Light
William John Light
answered on Mar 23, 2024

Ordinarily, the statute of limitations is 2 years from the date of the injury.

If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.

For certain felony convictions, the statute of limitations is 10 years from...
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3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 21, 2024

That is a great question and should be explored because if the "owner" was still the seller and had permitted the "buyer" to drive the car before the sale was consumated then that might work. As for the at fault driver - the police will investigate and the DA will decide whether... View More

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4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

William John Light
William John Light
answered on Mar 21, 2024

I respectfully disagree with Mr. Selik. The attorney was representing the injured party in a personal injury case. Not a property damage case. It was not the attorney's duty to preserve or protect the car since he was not hired for that. Further, it does not seem that he could have done... View More

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3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

William John Light
William John Light
answered on Mar 19, 2024

Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Over 2 years ago, bad injury on MTD bus SantaBarbaraCA. In 2 weeks received small check, final settlement, chicanery.

Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you've been injured in an accident involving a public transportation entity like the Metropolitan Transit District (MTD) and believe that the settlement you received was not fair or was agreed upon under misleading circumstances, you have rights that may protect you... View More

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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Driver hit me and gave the officer invalid auto insurance information. Can the officer be held liable?

I got hit by a car in a crosswalk. He gave the officer invalid auto insurance info so now I can’t receive treatments and it complicates everything in my life right now.

James L. Arrasmith
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answered on Mar 13, 2024

In California, law enforcement officers are generally not liable for the actions of a third party, such as a driver who provides invalid insurance information. The officer's primary role is to investigate the accident, collect information from the involved parties, and create an accident... View More

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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Mandatory dismissal - pursuant to California sections CCP 583.210 and 583.250.

Let say if the plaintiff filed a complaint against the defendant on 1/2/2021 and was never served the defendant as of 1/3/2024. Does the court automatically dismiss the case filed by the plaintiff or it’s something the defendant needs to ask the court to dismiss the case since 3 years has... View More

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answered on Mar 7, 2024

In California, under Code of Civil Procedure (CCP) sections 583.210 and 583.250, if the defendant is not served with the summons and complaint within three years of the filing of the complaint, the court must dismiss the action as to that defendant. This is known as mandatory dismissal.

In...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: hit from behind spun 3 times and ended up nose to nose other car was on fire then ours chp wrote wrong info on report

how do i contest the report? it will change the outcome drastically

James L. Arrasmith
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answered on Mar 6, 2024

In California, if you believe the CHP (California Highway Patrol) officer's report contains incorrect information that could significantly impact the outcome of your case, you have several options to contest or correct the report:

1. Request an amendment or correction to the report:...
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3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
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answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How much money from $27000 settlement is paid to a lawyer with a 60% contingency fee for 3 clients?

The money was split $10500, $10000 and $7000 but my lawyer is charging each of us 50% of each split.

Something sounds off to me and does not seem like the 60% contingency fee stated in our contract.

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, contingency fees are a common arrangement in legal cases, particularly in personal injury lawsuits. A contingency fee agreement means that the lawyer's fee is contingent upon winning the case or settling out of court. If the agreement specifies a 60% contingency fee, this... View More

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2 Answers | Asked in Car Accidents for California on
Q: How is it possible that I gotta pay tow truck fee plus storage fee for inspections.. when am not at fault

No injuries just property damage

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answered on Mar 1, 2024

In California, after a vehicle accident, it's common for the involved vehicles to be towed and stored for inspection, especially if they're obstructing traffic or are unsafe to drive. Even if you're not at fault for the accident, you might initially be responsible for the tow and... View More

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4 Answers | Asked in Car Accidents for California on
Q: I only had liability insurance and red-light driver totaled my car. Do I have any rights or ability for reimbursement?
William John Light
William John Light
answered on Feb 29, 2024

You can recover your property damage, your cost of past and future medical care, past and future wage loss, and pain and suffering. The amount will vary depending on your injuries, the available insurance limits of the opposing party, and many other factors.

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: A car pulled up infront of me causing me to crash into his car with my e-scooter but he just drove off. What should I do

I recently turned 16 and bought an e scooter to go to school. I'm taking the Drivers Ed so I do not have my permit yet. I was in the right when I crashed but I'm worried that I will be the on at wrong because I have not gotten my permit. The accident happened at my school's parking... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, all parties involved in a traffic accident, especially one resulting in injuries, are required to stop, exchange information, and, if necessary, provide aid. Since the other driver fled the scene, they committed a hit-and-run, which is a serious offense. Your lack of a driver's... View More

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I hit a car on the bike lane but the driver drove off. What can I do?

I just turned 16 and I'm taking my drivers ED to get my permit. I was riding my e scooter on the bike lane. Some car came out of our schools parking real fast blocking my way. He probably didn't check the bike lane because I was only 1 meters away from the parking exit. He wasn't... View More

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answered on Feb 27, 2024

In California, if you're involved in a collision while riding an e-scooter in the bike lane, the fact that you do not have a driver's permit is not directly relevant to the incident. The key factors are adherence to traffic laws and the circumstances of the collision. Riding an e-scooter... View More

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1 Answer | Asked in Car Accidents for California on
Q: I had filed an insurance claim back in July of 2023, but when I filed the insurance claim they did not even mentioned

About adding any points to my license, I found out they did after I received the renewal for my policy insurance. Are they allowed to do that? I have tried to get a hold of the claims department for the past 2 weeks, if they answer they just laugh at the situation, they say it’s not their... View More

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answered on Feb 26, 2024

Under California law, insurance companies can adjust policy rates based on driving records, including the addition of points to your license due to traffic violations or accidents deemed your fault. However, the process should be transparent, and you have the right to be informed about the factors... View More

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