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California Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Uncategorized for California on
Q: I car from a private seller, they gave a fake title. The car got repoed a month later by dealership.can I get money back

I bought a car from a private seller, I was given a fake title. The car ended up getting repossessed a month later and was returned to the dealership. The private seller used a fake id to obtain the car on finance or loan. Then sold it to me with a fake id. They don’t know who the person is, but... View More

James L. Arrasmith
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answered on Feb 4, 2025

You're in a difficult situation that involves multiple layers of fraud. Unfortunately, it's unlikely you can recover money from the dealership since they are also victims in this scheme - they had their vehicle fraudulently obtained through fake identification and financing.

Your...
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1 Answer | Asked in Car Accidents and Employment Law for California on
Q: An employee was named in a lawsuit for a vehicle accident that occurred during the course and scope of her employment.

The employer was just added to the suit. The employees private insurance company has just tendered the policy limits and settled with the plaintiff. Can the plaintiff still pursue the employer for additional damages? or does the Diaz versus Caroma case prevent this?

James L. Arrasmith
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answered on Jan 31, 2025

Yes, the plaintiff can still pursue the employer for additional damages, even after the employee’s private insurance has tendered policy limits and settled. Under the doctrine of respondeat superior, an employer can be held liable for an employee’s actions if they occurred within the scope of... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for California on
Q: Can I mount a fake or prop katana to a motorcycle in Los Angeles, California for aesthetic purposes only?

The katana would resemble a real sword, however, the material is not metal and is instead plastic. It will be sheathed and mounted to the motorcycle securely as to not cause any road safety hazards as well.

James L. Arrasmith
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answered on Jan 29, 2025

Mounting a fake or prop katana on your motorcycle in Los Angeles comes with some legal and safety considerations. Even though the katana is made of plastic and securely fastened, law enforcement may still view it as a potential weapon, especially if it closely resembles a real sword. California has... View More

2 Answers | Asked in Car Accidents for California on
Q: If I know the person who hit me very well can I still make a claim even though I'm an excluded driver on your policy
William John Light
William John Light
answered on Jan 27, 2025

If you an an excluded driver, that means you aren't insured if you drive that car. That has no effect on your ability to sue another driver of that car if they hit you. Other exclusions may apply to bar your ability to recover from the insurance, though.

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3 Answers | Asked in Car Accidents for California on
Q: How much trouble can CHP officers get for not calling an ambulance when someone is seriously hurt in a accident?

So I'm an assistant for a Private investigator and handle simple procedural investigative work like collecting paperwork from the coroner or paperwork from the police department. So I won't give specifics locations but, while I was picking up paperwork on another case I was I told a... View More

William John Light
William John Light
answered on Jan 27, 2025

There might be discipline from CHP. The family of the deceased person might sue, but they would have to prove that their family member was alive, and that had he received medical care in a timely manner, he would have lived. That seems like a longshot.

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2 Answers | Asked in Car Accidents for California on
Q: What can I do if I am being charge for an accident that never happen?

I got a collection letter and call saying I was responsible to pay for and accident that never happen. My insurance already declined the claim because I have not been in an accident and there is no prove. 1st they claim it was on a day that I was working it happen in a city that I never been too.... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 22, 2025

If it is a debt collector, send them a certified, return receipt letter telling them to cease contacting you. If they sue you, turn it over to your insurance company for them to defend.

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2 Answers | Asked in Car Accidents for California on
Q: Hello, This is related to an auto accident in California.

A teenager has no memory of hitting any object causing this damage to own car. Thus possibility of car getting damaged when parked. Insurance company threatens that if EDR shows that the damage occurred when the car was moving, teenager can be reported for insurance fraud(felony) . No other party... View More

William John Light
William John Light
answered on Jan 20, 2025

Tell the truth. If he has no memory of hitting something either he didn't hit something, or there should be a good reason for amnesia, or he's lying.

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3 Answers | Asked in Personal Injury, Car Accidents and Identity Theft for California on
Q: I am being sued in San Bernardino County. Multiple people are being sued

Naming me as alleged owner of a 2017 Honda Civic, that I gave permission to another person that is also being sued to drive. This was not me I've tried to convey that to the other attorneys and they do not listen they don't believe me and at this point nobody will talk to me. I have been... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 9, 2025

Contact DMV and get a history of ownership for the subject vehicle. This will show that you never owned the vehicle.

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2 Answers | Asked in Car Accidents for California on
Q: I was the victim of a hit and run. Can I sue for my deductible and there were no injuries

I turned in the license plate to insurance and police. Just don't feel right that they can get away with this

William John Light
William John Light
answered on Jan 7, 2025

You can, but if you don't get permission from your insurer, you might be breaching your insurance contract. Since you accepted property damage money from your insurer, it owns your right to pursue the other driver. You own the right to pursue that driver for your deductible, but these are... View More

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2 Answers | Asked in Car Accidents for California on
Q: Is there lawyers for property damage that was done to my semi truck from a motor vehicle

On November 10 2024 a car swerved in front of my semi commercial vehicle. It was the car that was at fault. It is stated on the police report. The insurance company is not contacting me. I have left several messages. I have not been able to drive my truck and my bills are piling up. I am probably... View More

William John Light
William John Light
answered on Jan 6, 2025

Make a claim to your own collision insurer. The other insurer's duty is to its driver. It owes you nothing until a judgment is entered against its insured. It can settle with you, but it doesn't have to.

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1 Answer | Asked in Car Accidents and DUI / DWI for California on
Q: My 17yo GD borrowed my car and hit a guard rail on a curve (hw 34 Somas) she had a.05 BA. property damage,released… ?

She was cited, speed was a factor and dark hwy, 1st offense - what happens to her?

James L. Arrasmith
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answered on Dec 26, 2024

This is a serious situation that requires immediate attention given your daughter's age and the combination of alcohol, even at a low level (.05), with property damage and speeding.

In California, drivers under 21 face much stricter penalties under "zero tolerance" laws. With...
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6 Answers | Asked in Personal Injury and Car Accidents for California on
Q: CA. Accident almost 2 years ago. Claim # for injury started. Does this need settled by 2 year if claim w/ insur started

Car accident December 2022. Property damage settled. Have claim number started with insurance company for injury, but it has been dragging out. We are now coming up on the two year mark. Does this have to be settled in California before the two year mark can settlement go past that timeframe. Have... View More

David W Gammill
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answered on Dec 10, 2024

You are approaching the two-year statute of limitations in California for filing a personal injury lawsuit. This means that if you don’t file a lawsuit before the two year anniversary, you could lose your legal right to pursue compensation for your injuries, even if settlement negotiations are... View More

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1 Answer | Asked in Divorce, Family Law and Car Accidents for California on
Q: Auto insurance while in the process of divorce

Whenever I request an auto insurance quote, I find myself facing questions about my ex's driving record. He has more than seven claims on his policy. We've been separated since 2020, and I'm currently waiting for the judge to sign the divorce paperwork that was submitted in October.... View More

James L. Arrasmith
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answered on Dec 7, 2024

Navigating auto insurance during a divorce can be challenging, but there are steps you can take to protect yourself. Start by contacting your insurance company directly to explain the situation. Provide them with documentation of your separation and inform them that you need to be removed from your... View More

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I rear-ended a vehicle at 5 MPH that was sitting in the middle of the street with his car running and flashers on.

He claims he was hit by another vehicle that fled the scene and is now suing me for $150,000. My insurance is looking to settle the claim from my policy limits, but he didn't mention that another vehicle hit him before me. I also suspect he was uninsured that night. Can you stay in your car... View More

William John Light
William John Light
answered on Nov 25, 2024

Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More

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2 Answers | Asked in Car Accidents for California on
Q: My brothers boss owes him $200,000 for an accident. My brother killed himself. Can I seek the money for his children?

He was in a motorcycle accident while working but his boss/friend didn’t have insurance at the time. He had a lawyer and was going to get paid a substantial sum but chose not to sign paperwork. His boss was getting a settlement himself and convinced my brother to not follow through so he... View More

William John Light
William John Light
answered on Nov 24, 2024

Your brother's personal injury claim has components for pain and suffering, and for economic losses. Once your brother passed, only the claim for economic losses remains (wage loss and medical expenses). His children can pursue those losses, but they likely aren't large enough to... View More

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3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

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

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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2 Answers | 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

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

It could depend on how aggressively the other side's attorney and authorities want to press those issues. If the other side chooses to bring a case, it could depend on how it would be handled. Some plaintiff attorneys assess an accident case in a matter-of-fact approach, seeing it solely in... View More

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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

3 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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