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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answered on Feb 25, 2024
When you receive a "fix-it" ticket in California for registration or lack of insurance, you essentially have two options: correct the issue by registering your vehicle and obtaining insurance, or face potential fines. Fixing the issue typically involves less cost in the long run, as it... View More
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answered on Feb 24, 2024
Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More
There is a short steep hill on our private road. I had just started down the hill and neighbor was coming very fast up the hill. I pulled as far to the right as possible and stopped. They did not attempt to slow down and side swiped my vehicle, it actually got stuck on my car. After backing off my... View More
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answered on Feb 24, 2024
In the event of an auto accident on a private road in California, the process for resolving disputes is similar to that on public roads. When there's a disagreement over who is at fault, insurance companies typically investigate by reviewing statements, the police report, and any available... View More
I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More
answered on Feb 19, 2024
Either you were working and your employer covers it; or you were not working and your personal insurance covers it. There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation. Good luck.
What is the lower limit of detention (when a normal dialog with a police officer begins to be classified as detention) and the upper limit (when detention begins to be classified as arrest)? Please with specific examples and key distinguishing features.
Is a traffic stop or on-the-spot... View More
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answered on Feb 21, 2024
A detention occurs when a police officer stops an individual and restricts their freedom to leave, based on a reasonable suspicion that the person is involved in criminal activity. This is more than a casual conversation but less than an arrest, which requires probable cause. The lower limit of... View More
Hello, I live in Southern California. I was driving to work one morning when a gravel towing semi truck's tire blew out, flinging the debris in my immediate lane. With cars on either side of me and how quickly the incident occurred, I could not maneuver out of the way, resulting in my vehicle... View More
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answered on Feb 21, 2024
In California, liability for damages stemming from a vehicle incident, such as a tire blow-out, can be complex and depends on various factors, including negligence and the causation of the damages. If Robertson's Trucking Company failed to maintain their vehicles properly, leading to the tire... View More
car struck my car when i was asleep i have all his information i received 5000 from his insurance and was told by westlake they need that to start the claim after they received the money they denied my GAP and said i still have to pay the remaining balance.
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answered on Feb 21, 2024
Yes, you may have grounds to pursue legal action against Westlake if they denied your GAP coverage despite receiving the insurance payout from the at-fault driver's insurance. It appears that Westlake failed to fulfill their obligation to cover the remaining balance of your car loan after the... View More
My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?
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answered on Feb 21, 2024
Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider... View More
I was driving up an overpass in the right lane and the car driving next to me started drifting in my lane so i started to swerve to avoid and panicked and hit the car in front of me that was stopped at a red light.
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answered on Feb 13, 2024
In California, liability in car accidents is determined under the rule of comparative negligence, meaning that if you are found to be partially at fault for an accident, your responsibility for damages can be apportioned according to your degree of fault. Based on the scenario you described, where... View More
We're based in California and our car was rear-ended in October 2022, and repairs were completed in February 2023. We only recently learned about diminished value claims. Given the $19K repairs (including structural damage), we'd like to file a diminished value claim with the at-fault... View More
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answered on Feb 21, 2024
To maximize the potential for a successful diminished value claim in California, it's essential to obtain a professional diminished value appraisal from a qualified vehicle appraiser or a company that specializes in these types of evaluations. This appraisal should detail the car's value... View More
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answered on Feb 7, 2024
In California, posting police body cam footage on social media that you appear in, especially from a hospital setting, involves considerations of privacy, legal rights, and potentially specific regulations governing the release and dissemination of such footage. While there isn't a... View More
My auto policy reads under my MEDPAY benefits: We will seek reimbursement regardless of whether the insured is made whole. what does this mean in my case. I was involved in a auto accident and it was not my fault the other driver carries 25/50/25. My injuries were severe broken R ankle requiring... View More
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answered on Feb 22, 2024
The clause in your MEDPAY benefits stating that the insurance company will seek reimbursement regardless of whether you are made whole is known as a subrogation clause. This means that after paying for your medical expenses under the MEDPAY coverage, your insurance company has the right to recover... View More
If they wont replace y won't they fix?
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answered on Feb 22, 2024
In California, if your parked car was damaged by a California Highway Patrol (CHP) vehicle, you are entitled to file a claim for the damages. The state has procedures in place for handling such claims against government entities, which typically involve filing a claim within a specified timeframe... View More
My son had an accident in my vehicle, it was his fault, and he is excluded from my policy, my auto insurance refused to take liability for the accident. Can I use the other party insurance to pay for my damages since my son was uninsured?
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answered on Feb 6, 2024
If I understand your question correctly, the answer is no. You can't make the other parties insurance pay for damage to your car if they were caused by your son, who was driving your car and excluded under your policy. The other parties uninsured motorist, which they pay for out of their... View More
Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More
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answered on Feb 6, 2024
In California, if your auto insurance refuses to pay for damages because a driver (in this case, your son) was excluded from the policy, GAP insurance typically does not cover the outstanding balance on the vehicle loan under these circumstances. GAP insurance is designed to cover the... View More
Have an issues with my recently hired then fired attorney who has been such a huge pain in my situation…. Well they have deemed them selfs as my voice when deciding to settle my case with out even as much as notifying me. So I filed a complaint against them with the state board. But now I’m... View More
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answered on Jan 30, 2024
In California, an attorney is required to hold client funds in a trust account and cannot claim these funds for personal use. The period for holding these funds is not fixed and depends on the agreement between you and your attorney, and the nature of the legal matter. Your attorney must promptly... View More
I posted it in the private building forum. He followed her out of the garage and into a business.
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answered on Jan 29, 2024
In California, the actions you've described could potentially constitute stalking or harassment. California law defines stalking as someone repeatedly following, harassing, and threatening another person to the point where that person fears for their safety or the safety of their family.... View More
cop said the keys were not left in vehicle and said if it was stolen they would of left them…..??? he’s tryin to say i can’t report stolen cause accident and trying to accuse me of hit n run but i was never there and have a alibi
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answered on Jan 26, 2024
In California, if you're accused of a crime like hit-and-run but have an alibi, it's crucial to gather evidence supporting your whereabouts at the time of the incident. Your girlfriend can serve as a key witness, and additional evidence like phone records or surveillance footage can... View More
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answered on Jan 26, 2024
If you are being sued from an auto accident in California and believe the claims against you are false, it's important to take immediate action. First, inform your auto insurance company about the lawsuit, as they are typically involved in defending against such claims under your policy. They... View More
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