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Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for California on
Q: I do not have address of the man hit my car. Can I serve the bank lien holder of the car?
T. Augustus Claus
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answered on Sep 29, 2023

Serving a lien holder is generally insufficient for initiating a personal lawsuit. You'll likely need to locate the individual's address for service of process to be valid.

2 Answers | Asked in Car Accidents for California on
Q: Can I serve a bank the lien holder of the car involved in accident?
John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Why would you want to? The bank most likely was not operating the motor vehicle when the accident occurred.

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1 Answer | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

I asked this question prior and gave details. But I would like to elaborate more. When driving a vehicle next to me lost control of their vehicle and I slammed my breaks so no collision happened. The 2 passenger seat belts did not work and one child slammed into the seat and the car seat my other... View More

James L. Arrasmith
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answered on Sep 28, 2023

In this situation, you may want to explore the possibility of pursuing a personal injury claim against the rental company for negligence in maintaining the seat belts. While the company's initial offer may only cover the ER bill, you may be entitled to additional compensation for your... View More

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More

Robert P. Taylor
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answered on Sep 27, 2023

There's no rush to settle this case because your child can sue until they're 18. So if there's a chance they may have suffered some permanent injury, you don't want to settle the case before that's discovered. Chances are they're fine and that's the most important... View More

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1 Answer | Asked in Car Accidents for Massachusetts on
Q: My fiance was involved in a hit and run. There is no damage to my vehicle and she didn't even know she hit the other car

The other drivers taillight was broken. Weve received a few phone calls from the investigating officer saying that there will be a warrant put out for her arrest. She has multiple medical conditions, a heart condition, seizures almost every day, she would die in jail. How do we fix this without her... View More

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2023

A Massachusetts attorney could advise best, but you're going to lose valuable time under the "Car Accidents" heading. This is something to discuss with a criminal defense attorney. Car accident attorneys don't deal with these settings - criminal defense attorneys do. You could... View More

0 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: A Personal Injury Attorney, representing the plaintiff in a motor vehicle accident, has filed a complaint/lawsuit

The defendant/respondent has had the opportunity to file an answer and has done so with a MOTION TO DISMISS. My questions are these? Is the plaintiff's Attorney REQUIRED to respond to the motion to dismiss and if so is there a specific deadline to respond to that motion to dismiss (i.e. 30... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: When a Personal Injury Attorney (motor vehicle accident) files a complaint/lawsuit on behalf of the plaintiff...

and the defendant/respondent has had the opportunity to file an answer and files with a motion to dismiss, is the plaintiff's Attorney required to respond to that motion to dismiss? And if yes, does the Attorney for the plaintiff have a certain deadline to respond to that motion to dismiss... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

An attorney should respond, though it is possible there might be rare reasons no to.

The court might automatically dismiss the case, or part of the case, for a failure to oppose.

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1 Answer | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More

James L. Arrasmith
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answered on Sep 28, 2023

In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack... View More

0 Answers | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: What’s your opinion and is there a case?

My sister was hit at an intersection after a driver ran a red light. The driver said his light was green to us at the accident. The police report said his light was yellow and that the driver had a dash cam no witnesses. When her insurance asked for the footage the state patrol then says he meant... View More

0 Answers | Asked in Car Accidents and Personal Injury for Arkansas on
Q: My personal injury attorney just quit my case before trial after being with them for over 5 months.

The law firm I had retained for representation just told me they quit my case due to other insurance company saying that they denied my claim. Do I have any recourse in this situation?

1 Answer | Asked in Personal Injury and Car Accidents for Kansas on
Q: What if you have a complaint against your lawyer who can you talk to

I settled my case and my lawyer kept talking about Medicaid Medicare and I kept telling him that I was not on a government assistant program so now that my case is settled he's telling me that since he talked to the insurance company they said they had a lean on me and I told him that that is... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

The Attorney is warranted to obtain a written clearance.

0 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: Regarding a motor vehicle accident, defendant hit person in front of him that has no insurance. Minor hit. Car in

Front that has no insurance is claiming bodily injury that they walk around fine but complained of supposed back pain. Police report made. Car that was hit from behind later drove off and no ambulance. They retained a lawyer working with our insurance company. Asking for 1million, claim... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: Someone hit me kept going I had 3 passengers in my car who was injured I have insurance what are my options
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2023

Assuming you did not cause the wreck, you and your passengers have what is known as an uninsured motorist claim. While such a claim exists under Georgia law, that does not necessarily mean there is compensation available under your policy. The key is whether your policy has uninsured motorist... View More

0 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Can you sue a person Civil court for pain and suffering from an auto accident & their insurance company also?

They were given a citation for the cause of the accident in the state of South Carolina.

1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Can you sue a person Civil court for pain and suffering from an auto accident & their insurance company also?

They were given a citation for the cause of the accident in the state of South Carolina.

Roy Willey
Roy Willey
answered on Sep 24, 2023

Yes, in SC our law requires an individual to have insurance to operate a motor vehicle, and our law requires that if that person injures someone in a motor vehicle accident they must be sued in their individual name to collect their insurance money if not settled out of court. Our law does not... View More

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: I was I injured in a car accident & i am about to receive a settlement. Is my husband entitled to any of my settlement?

My husband and I live in Florida. We have been seperate for about 12 years, living in seperate households. We do not exchange money between households. The personal injury settlement was because I was in a car accident. I am on a full disability, SSDI. I have been on a full disability for about... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 22, 2023

I'm assuming you have a lawyer. If I'm right, I'm wondering why you're you asking this question online. Is there a problem with your lawyer's representation and advice? Is there a communication problem? If so, that is an issue that needs to be resolved as quickly as... View More

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1 Answer | Asked in Car Accidents, Personal Injury, Municipal Law and Gov & Administrative Law for Michigan on
Q: I live on a very busy road and requested to have a circle driveway. I want to drive out head first, we were denied.

My car was totaled in front of my home due to speeders. Two lane road and turn lane. Speed limit 35 most do 55. We were denied a circle driveway because our in and out driveway would not be 100: feet apart. I feel like it is a life and death, safety issue. Road commisssion says too bad and denied... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

A Michigan attorney could advise best, but your question remains open for a week. One option may be to look into other agencies - whether on a state or other level. It's possible the process could need the support of someone with expertise in traffic engineering and possibly civil... View More

2 Answers | Asked in Car Accidents for Oklahoma on
Q: What can over ride a statute of limitations on auto insurance on collecting from a accident?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

An Oklahoma attorney should advise, as your question involves state civil procedure rules, not general legal concepts. But you posted your question last week. Until you're able to consult with a local attorney, some of the elements that could SOMETIMES serve to toll the statute (subject to a... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Juvenile Law for Tennessee on
Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help

First offense

T. Augustus Claus
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answered on Sep 19, 2023

If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or... View More

6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: can you sue someone directly for car crash for being negligent other than insurance claim?

I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More

Frederick J. Sette
Frederick J. Sette
answered on Sep 19, 2023

I would be shocked if your current attorney is unable to help you with your injury claim as it sounds substantial. I would encourage further communication to clarify that fact and if indeed correct, immediately retain a qualified personal injury attorney to assist you with your bodily injury... View More

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