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California Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for California on
Q: Auto policy reads under my MEDPAY benefits: We will seek reimbursement regardless of whether the insured is made whole

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

James L. Arrasmith
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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

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2 Answers | Asked in Car Accidents and Government Contracts for California on
Q: Am I required to take the offer CA made for CHp crashing my parked car i'd bot for mom Newyearseve. Dont they have 2 fix

If they wont replace y won't they fix?

James L. Arrasmith
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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

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2 Answers | Asked in Car Accidents for California on
Q: Can I use the other party insurance to pay for uninsured driver if the fault was my son's and he is not covered

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?

Robert P. Taylor
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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

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

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

T. Augustus Claus
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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

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2 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: How long must an attorney hold money in a trust brokerage account before they can just claim it them selfs

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

James L. Arrasmith
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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

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2 Answers | Asked in Car Accidents, Civil Litigation, Criminal Law and Personal Injury for California on
Q: Hi, After a road rage incident, my wife was followed into our garage. I posted the plate, and the owner lives here.

I posted it in the private building forum. He followed her out of the garage and into a business.

James L. Arrasmith
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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

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5 Answers | Asked in Car Accidents for California on
Q: car was stolen and in a accident but police are saying ,driver picked me in a lineup, i was with girlfriend sleeping

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

James L. Arrasmith
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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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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
James L. Arrasmith
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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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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: January 10, I was driving on the main road when a semi-truck that was exiting a parking lot t-boned my right back door

where my 1 year old daughter was sitting. We weren’t injured but we’re seeing a chiropractor tomorrow to be sure. My car was deemed totaled and the other party’s insurance is offering less than what I still owe on the car. I have gap insurance to cover the difference but I don’t think... View More

James L. Arrasmith
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answered on Jan 25, 2024

In California, when you're involved in a car accident that wasn't your fault and your vehicle is totaled, the at-fault party's insurance should compensate you for the fair market value of your car. This amount is what your car was worth just before the accident. However, it's... View More

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3 Answers | Asked in Car Accidents for California on
Q: Was in an accident, lady said to say my mom was who hit them so insurance doesn’t go up but now she is trying to sue.

Just a minor accident, I am unsure on what to do.

Robert P. Taylor
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answered on Jan 22, 2024

Did you have insurance? If so, you need to contact your insurance company and provide them with a copy of the complaint or whatever paperwork you received. They have a duty to defend you and you have a duty to keep them informed and up to date.

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was taking my stepson to school. We got rear ended. My wife & I are separated now. Should I file separate ins. claim?

The police report says the other driver was at fault. We were examined at hospital same day. I needed several months of therapy and missed 3 months of work due to my injuries. My stepson experienced periodcal headaches but did not need further medical treatment.

Since the accident my... View More

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, in the event of a car accident where you and your stepson were injured, you both may have individual claims for your respective injuries and losses. Given that you are both affected parties, separate claims can be filed to ensure that each party's damages are adequately... View More

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2 Answers | Asked in Car Accidents and Gov & Administrative Law for California on
Q: What is California state law on left turn at 4 way stop sign
James L. Arrasmith
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answered on Jan 13, 2024

California law specifies the following rules for left turns at a 4-way stop intersection:

- When two vehicles arrive at the intersection at the same time, the one turning left must yield to the vehicle going straight. If one vehicle arrives first, it has the right-of-way.

- All...
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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 13, 2024

So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that... View More

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3 Answers | Asked in Consumer Law and Car Accidents for California on
Q: Hi my parked car was involved in a car accident in my jobs parking lot while I was inside working

Hi my parked car was involved in a car accident in my jobs parking lot while I was inside working, my car was hit first then hit into another and both deemed a total loss after adjuster came to take pictures 3 weeks after the accident happened, i reached out to the guy who hit my cars insurance and... View More

William John Light
William John Light
answered on Jan 12, 2024

You should submit a claim to your own collision insurance. If you don't have that, you are going to take a loss.

Regardless of the amount of your damages, the insurer will only pay its policy limit. Ask for a copy of the declarations page from the other insurer to confirm the...
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1 Answer | Asked in Car Accidents and Civil Litigation for California on
Q: Is there a vehicle code pertaining to a tow truck driver trying to tow a vehicle with somebody in vehicle ?

A tow truck driver tried to tow my vehicle with me in the car,?

He hooked his tow equipment under my car and i started honking my horn to let him know I was in vehicle.

I asked him for his insurance company and her refused to give me any information,

He took off abruptly... View More

James L. Arrasmith
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answered on Jan 6, 2024

In California, it's important to know that specific laws protect individuals in situations like yours. First, regarding a tow truck driver attempting to tow a vehicle with someone inside, this is generally considered unsafe and potentially unlawful. The exact vehicle code may vary, but safety... View More

4 Answers | Asked in Car Accidents for California on
Q: Hi, I rented a uhaul and added mom as an additional driver, my insurance lasped and mom caused crash, who is responsible
William John Light
William John Light
answered on Jan 5, 2024

You and your mom are responsible to U-Haul. Your mom is responsible to any third parties who were injured, and maybe you. Not certain about your liability to third parties without some research.

If you added liability insurance to the rental contract with U-Haul, you and your mom would be...
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2 Answers | Asked in Car Accidents for California on
Q: CHp was apologetic after he crashed into our family car parked on the street. I only have PL/PD.Who handles my end w/CHp

My insurance only cared to document that they have no responsibility otherwise they are no help. How do i reach out for rental to get and my damaged car out of the street that will probably get ticketed? Is there a best way to handle my end?

James L. Arrasmith
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answered on Jan 4, 2024

In California, if your car was hit while parked and you only have PL/PD (Personal Liability/Property Damage) insurance, you will need to directly address the issue with the responsible party's insurance. First, ensure that you have the California Highway Patrol (CHP) officer's contact... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Car Accidents for California on
Q: If I'm an employee at a comp. that I own and I have a car accident driving home, can my company be held liable in Ca.

The car is registered to me. I visited my last patient and was headed home for the day.

James L. Arrasmith
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answered on Dec 30, 2023

In California, the legal concept of "respondeat superior" applies, which means an employer can be held liable for the actions of employees performed within the scope of their employment. However, commuting to and from work typically does not fall under this scope, as it's usually... View More

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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: how do we get a police report in Atherton ca. my brother was killed by a car. the PD dept. will not give us a report

my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more.

James L. Arrasmith
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answered on Dec 30, 2023

In California, obtaining a police report for an incident such as the one you described involves specific steps. As an immediate family member, you have the right to request the report. Given the circumstances, the process might involve some nuances.

First, you should submit a formal request...
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