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California Car Accidents Questions & Answers
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.

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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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4 Answers | Asked in Car Accidents for California on
Q: My insurance company says that neither side involved in the accident was determined to be at fault so no payments were

Giving to neither side, i have a a dash cam that shows I got hit, they reviewed and say that was enough evidence, to show that the other parties was a fault, they then told me to pay for my deductible and that they will issue me back the money as soon as they get it from the other party, two month... View More

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answered on Dec 26, 2023

Under California law, you have several options to address this situation with your insurance company. First, it's important to review your insurance policy to understand the coverage and the process for disputing a claim decision. Policies often include details on how to appeal a decision or... View More

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3 Answers | Asked in Car Accidents, Divorce, DUI / DWI and Family Law for California on
Q: Not divorced yet but wife wrecked car in DUI. Vehicle is in my name but I don’t want to report it to insurance she does
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answered on Dec 19, 2023

In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages... View More

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2 Answers | Asked in Car Accidents for California on
Q: Who is at fault here ?

I was at a stop sign waiting to merge onto a main road at night. It's dark outside and I look left and right to see for oncoming traffic. Its clear so I make a left turn , then I immediately get hit from the driver side. There was a black car driving with its lights off on the through traffic... View More

Adam Stoddard
Adam Stoddard
answered on Dec 14, 2023

Did the police show up? Was a police report prepared? Do you have any evidence that the drivers lights were in fact not on? Obviously, the other driver is going to argue their lights were on, you will say they were off, so it becomes a he said/she said situation, unless you have evidence. Depending... View More

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1 Answer | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Legal Malpractice for California on
Q: n El 2021 tube un accidente De auto. El auto que me golpeo fue rentado por Getaround y tuve cirujias y solo ofresen 50k
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answered on Dec 14, 2023

En California, si estuvo involucrado en un accidente automovilístico en 2021 con un vehículo alquilado en Getaround y sufrió lesiones que requirieron cirugía, la compensación que ofrece el seguro puede ser un asunto complejo. La oferta de $50,000 que mencionaste puede estar relacionada con los... View More

5 Answers | Asked in Bankruptcy and Car Accidents for California on
Q: I have a bill for an accident my daughter had in my car for $7000 if i file bankruptcy can they still charge my daughter

Both of our names are in the bill they had sent She drove my car and my insurance is full coverage but didn’t want to cover damages because she is not in the policy the other insurance called me asking for the whole amount of $4300 in damages of the truck i ask them to send me a bill because... View More

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answered on Dec 8, 2023

Under California law, whether or not your daughter can still be held responsible for the $7,000 bill depends on several factors. Firstly, your full coverage insurance should typically cover damages caused by permissive users of your vehicle, such as your daughter. However, if your insurance denied... View More

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3 Answers | Asked in Consumer Law, Contracts, Car Accidents and Civil Litigation for California on
Q: If a flatbed tow truck driver asks you to drive your own car onto the bed, and it gets scratched, who's at fault?

A flatbed tow truck driver came to get my car due to a flat tire. I'm down a long driveway. I said I'd drive it to the front with a front driver flat. I live on a busy 4-lane with median street. He was parked in the median, but with the ramp to the right of my driveway, so to get on the... View More

James L. Arrasmith
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answered on Dec 6, 2023

The situation you described raises several legal and liability issues related to the towing of your vehicle. Here are some key points to consider:

Towing Company's Standard Procedure: Typically, it's the responsibility of the tow truck driver to load and secure vehicles onto their...
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3 Answers | Asked in Car Accidents and Civil Litigation for California on
Q: I recently drove piggyback through a community gate with a fast gate arm. It hit the top of my car and broke.

I didn’t know it broke so I kept driving and didn’t stop, but drove by later and saw that it was broken. They have cameras and likely have my plate. What should I do? It happened 2 days ago.

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answered on Dec 3, 2023

In California, if you accidentally cause property damage, such as breaking a gate arm, it's advisable to report the incident to the property owner or manager as soon as possible. Since this occurred two days ago, you should act promptly. Not reporting could potentially lead to more severe... View More

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for California on
Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?

I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing... View More

James L. Arrasmith
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answered on Dec 2, 2023

Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in... View More

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1 Answer | Asked in Car Accidents, Municipal Law and Civil Litigation for California on
Q: Should I contact my car insurance, or sue the owner of the parking garage? This happened in Orange County, CA.

I entered a parking garage and while looking for a spot the horizontal automatic gate closed on my car and caused damage to it. I wasn't moving at the time, my car was stopped in the middle of the gate while it was fully open. I was trying to beat the closing after another car went through,... View More

James L. Arrasmith
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answered on Dec 1, 2023

In California, your first step should be to contact your car insurance provider. They can guide you through the process of filing a claim for the damage to your vehicle. Your insurance company may also pursue subrogation, which means they might seek compensation from the parking garage owner if... View More

3 Answers | Asked in Car Accidents for California on
Q: Will my license get suspended if I caused a accident with little to no damage while not having insurance

The damages were less than $1,000

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answered on Nov 23, 2023

In California, driving without insurance and getting involved in an accident can lead to serious consequences, including the suspension of your driver's license. Regardless of the extent of the damage, if you are at fault in an accident and do not have auto insurance, the California Department... View More

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3 Answers | Asked in Car Accidents and Landlord - Tenant for California on
Q: Property manager called the police and acuses my neighbor of hit and run without proven it. My neighbor got arrested

My neighbor had a prior warrant for not showing to court because wrong mail address.

My neighbor did not took her medicine during her arrest time so she is now in a hospital.

Is the manager liable for this?

James L. Arrasmith
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answered on Dec 13, 2023

Based on the limited information provided, it is unclear if the property manager would be liable for any damages in this situation. Some key considerations:

- The manager reported a suspected hit-and-run to the police. If the manager knowingly filed a false report, they could potentially be...
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4 Answers | Asked in Car Accidents and Criminal Law for California on
Q: If someone without a license gets in an accident and they are not at fault, can they get in trouble through insurance
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answered on Nov 18, 2023

If an unlicensed driver is involved in a car accident and is not at fault, they can still face legal consequences, although the specific outcomes depend on the jurisdiction and the circumstances of the accident. Here are some general points to consider:

Legal Penalties for Driving Without a...
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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: My husband is on parole this is Parole officer have every right to search me even though I'm not
James L. Arrasmith
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answered on Nov 18, 2023

Under California law, a parole officer's authority to conduct searches is primarily focused on the parolee, in this case, your husband. The parole officer has the right to search your husband and his property, including areas of a shared residence where your husband has access or control.... View More

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What to do if I get sued after an at-fault car accident?

I got sued after a minor head to tail car accident. The plaintiff was fine at the time of the accident and is now claiming they got injured due to the accident. My insurance company refused to settle for the amount the plaintiff claimed and so the plaintiff sued for a much higher amount (over my... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 16, 2023

Most cases do not get to trial, but occasionally one does go to trial where the parties are unable to reach a settlement. Your insurance should still defend you in the case and can only offer a settlement up to the policy limit. If plaintiff does not agree to take the policy limits (assuming the... View More

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4 Answers | Asked in Car Accidents for California on
Q: Is insurance valid if your late paying it and you get in an accident

Insurance was paid after accident

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answered on Nov 15, 2023

In California, the validity of an insurance policy after a late payment depends on the terms of the policy and the grace period provided by the insurance company. If the accident occurred during the grace period, the insurance coverage may still be active, and the claim could be valid.... View More

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4 Answers | Asked in Car Accidents for California on
Q: If someone was involved in a car accident and the person at fault has insurance but was late paying it does their

Insurance still cover them

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answered on Nov 15, 2023

In California, whether an insurance policy covers an accident when the premium payment was late depends on the policy's specific terms and conditions. Most insurance policies include a grace period, which allows for a late payment without immediate cancellation of the policy. If the accident... View More

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3 Answers | Asked in Car Accidents for California on
Q: My boyfriend hit a parked car while driving in california. He had just bought the vehicle the day before not registered

Or insured in his name. His phone slipped and fell on the ground and he bent down to get it and hit a parked car. What happens now..

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answered on Nov 15, 2023

In California, if your boyfriend hit a parked car while driving a vehicle not registered or insured in his name, he should report the accident to the police, especially if there is significant damage. He is also required to leave his contact information for the owner of the parked car.... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Personal Injury for California on
Q: Is an IID required despite it not being court ordered and wasn't mentioned until trying to reinstate driver's license?

My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU.... View More

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answered on Nov 11, 2023

Under California law, even if an Ignition Interlock Device (IID) was not mandated by the court, the Department of Motor Vehicles (DMV) may require it as a condition for reinstating a driver's license after a DUI conviction. This is especially true in cases involving DUI with bodily injury. The... View More

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