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California Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: Do I have to take my transcripts of my insurance company talking bout an accident small claims court?

I was wondering if I had to provide the arbitrator with the transcripts of the phone call I had with my insurance company about the accident? The guy tried suing me and when that wasn't working out he decided to take things to small claims.

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A California attorney could advise best, but your question remains open for two weeks. It could depend on the court. If you're in small claims, it suggests there are probably no injuries. If it will take time to order and retrieve the transcripts, it could be up to the court. In general... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Gf is being sued. Can we lose our home if she loses? Home is under both our names.

Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... Read more »

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1 Answer | Asked in Car Accidents for California on
Q: A woman accused me of hitting her car and then wouldn’t exchange info with me

As I was backing out of a space, a lady tapped on my window and yelled at me to be more careful because I “bumped” her car. I didn’t recall hitting her and told her so, but I offered to look at my dash cam give my info to her and she changed her story to I almost bumped her and wouldn’t... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 13, 2022

I wouldn't worry. I think putting what happened on paper in case you have to recall it in the future makes sense. You did everything the law requires...and more.

If she does contact you, either turn it over to your ins co or set up a consultation with a private lawyer to deal with her...
Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents and Gov & Administrative Law for California on
Q: What form do I need to file with the courts, to stop the sale of my work truck? Change: Driving on a suspended license!

I am self-employed. On my way to work, I was pulled over for having expired tags by the Claremont ( California) Police Department. My license was suspended by the DMV, for medical reasons. What form do I need to file with the Pomona Court, to allow me more time to finish this process? Work truck... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 12, 2022

YOU SHOULD RETAIN A LOCAL CRIMINAL LAWYER ASAP..........S/HE MAY SUGGEST YOU TAKE CARE OF THE EXPIRE TAGS AND SET IF YOUR MED CONDITION HAS CHANGED SO THAT YOU CAN APPLY FOR A NEW LICENSE.

YOU DON'T HAVE A VALID LICENSE, AND THE MEDICAL CONDITIONS MAY PREVENT YOU FROM GETTING ONE....
Read more »

1 Answer | Asked in Car Accidents for California on
Q: Will my insurance company for damages to my motorcycle if I was involved in a hit and run on a private road?

The motorcycle is a dual sport and registered for the road. I do not drive it on public roads yet because I don't have my ca motorcycle driving license yet. I only drive around the property I work but the public has access and drives on this private road daily. The guy hit me and took off. I... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 8, 2022

I am not sure the private road issue is as important as the NO LICENSE FOR M/C.

YOU HAVE TO LOOK AT YOUR INSURANCE CONTRACT. IT PROBABLY REQUIRES A LICENSED DRIVER ON THE M/C.

WHEN DMV LEARNS, THEY WILL PROBABLY SUSPEND YOUR REGULAR LICENSE FOR A YEAR FOR NOT HAVING A LICENSE TO...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for California on
Q: Sons new job forced mandatory double w/only a 2hr break in between. Son fell asleep & crashed on his way hm. Can he sue?

Non-union due to new employee probation status. Worked appropriately 20hrs within 24hr timeframe. Works as a ramp agent at an airport.

Dale S. Gribow
Dale S. Gribow
answered on Sep 1, 2022

it sounds like a workers comp or employment law case too.

2 Answers | Asked in Car Accidents and Small Claims for California on
Q: Can I claim diminished value for a leasedcar?

On 4/15/2022, I was at the Mercedes Benz car dealership discussing my lease end agreement. It was decided that I would return it/sell it back to the dealership the following week. As I was leaving the dealership, I was rear ended when I was at a stop. After my car was repaired by an authorized... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 29, 2022

In answer to your question, the owner of the vehicle has the diminished value claim. If you did not own it since you leased it, you do not have a diminished value claim. That said, if I misread your post and you did own the vehicle at the time of the wreck, then you should be able to assert a... Read more »

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: What are my options if my auto insurance claim was denied without a thorough investigation?

I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2022

contact a local PI lawyer................you were the victim.

any wits?

prepare a summary before you meet with the lawyer and bring pix

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for California on
Q: Serving a witness interrogatories and following with a deposition if they refuse signing an affidavit? Is this the way?

Motorcycle accident. Police wrote the witness statement wrong. There’s evidence on the report in terms of location.

William John Light
William John Light
answered on Aug 22, 2022

Non-parties don't have to answer interrogatories. The witness can sign a statement under penalty of perjury, if willing, or you can serve a deposition subpoena, hire a court reporter, give notice to the opposing party, and take the deposition of the witness. I would not recommend that you do... Read more »

4 Answers | Asked in Car Accidents for California on
Q: We were in an accident where the other driver was racing at 90+mph and hit us on driver front. Who's at fault?

The road was clear to go across to the 3rd lane. We have at least 3 witnesses that all said the car that hit us was racing another car and hit us going at least 90mph. Is there any way we could be considered at fault?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 21, 2022

Likely not. Vehicular is failing to act as a reasonable and prudent driver would act under the circumstances. It appears that you were following all traffic laws and rules, while the other party was not. Therefore, you would likely not be found liable; and the person who hit you likely would.

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1 Answer | Asked in Car Accidents for California on
Q: My sons truck is titled and registered in my name, he was in jail and his dad stole it and hit & ran am I responsible?

I non-oped hit because he was in jail and rehab for a while so there was no insurance on it. He lives in Ca. And I live in Az. This happened in January and I just found out because I got a letter/bill from their insurance company. My ex doesn’t even have a valid DL. Neither my son nor I new about... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 8, 2022

I SUGGEST YOU CONTACT A LOCAL ATTY.

AS A CAR OWNER, YOU ARE RESPONSIBLE FOR A MINIMUM OF $15K.........AT LEAST.

YOU MAY HAVE DMV ISSUES TOO.......SO A CRIMINAL LAWYER WOULD BE HELPFUL.

2 Answers | Asked in Car Accidents for California on
Q: Can I request payment for an auto insurance claim that was filed 7 yrs ago but was never settled?

My daughter was in a bumper to bumper accident in Oct 2015, she was the middle car. Both driver side and passenger side front airbags deployed and restraints locked up the rear and front bumper needed to be replaced. The insurance company for the car that hit my daughter agreed to be responsible... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 8, 2022

The normal statute of limitations is 2 years to file.......and then the case must be brought to trial within 5 years.

to be safe contact a local PI lawyer to see if there are any conditions that would have tolled the time.

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1 Answer | Asked in Car Accidents for California on
Q: What if the one sueing you was the passenger not the driver??

My friend got into a car accident almost 2 years ago and the driver said it was fine that she didn’t need to worry about the damages but almost 2 years later the Passenger is sueing my friend. Can she do that?? yet why wait almost 2 years to sue? Even tho my friends car was in wayyy worse... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2022

yes, if filed before 2 yrs, it is legal. The time lapse may be the result of the passenger trying to collect from your policy.

Let your auto-ins carrier deal with it.

your passenger is making a claim against the ins policy. That is why you purchased it.

in order to collect...
Read more »

1 Answer | Asked in Car Accidents for California on
Q: Can someone sue you for a car accident almost 2 years from the incident?
Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2022

There is a 2 yr Statute of Limitations on Accident cases.

Thus the matter must be filed within 2 years.

you auto ins co will protect you on this issue.

3 Answers | Asked in Car Accidents for California on
Q: Hi. Do you provide free legal consultation?

car accident.

Dale S. Gribow
Dale S. Gribow
answered on Jul 25, 2022

yes, what is the issue?

call me 760 837 7500

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Hi. What are the claims I can demand from both insurance companies and how to claim and compute "pain and suffering?"

LAST JUNE 10, 2022, I HAD A CAR ACCIDENT IN FREEWAY 880 IN FREMONT. MY DAUGHTER AND I WERE TRAVELLING FROM HAYWARD TO MILPITAS AND IT HAPPENED AROUND 7:30PM. THE CAR INFRONT OF ME SUDDENLY STOPPED IN THE MIDDLE OF FREEWAY BECAUSE THE CAR INFRONT OF HIM IS ABOUT TO STOP TO BUT EVENTUALLY CHANGED... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 25, 2022

as i just explained to you over the phone, you need to consult with a PI lawyer re the facts of your case.

s/he will look at the Property Damage when you rear ended the car in front and the damage to your car.

a lawyer will evaluate the PD, the Med Records, and what LOE you can...
Read more »

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1 Answer | Asked in Car Accidents for California on
Q: I was on the clock with having a community Flea Market event on site. I rented a Uhaul and brought items to sell.

The event was held at CMI Assisted Living outdoors. At the end of the day a man sped up in his car, ran up our curb, and two feet fence then petal to metal full speed went diagonal across our grass and ran thru everything, furniture went flying everything broken and hit my Uhaul so hard it moved 17... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 22, 2022

MORE INFO IS NEEDED. WHO DO YOU THINK WAS NEGLIGENT? IN ANY EVENT, INSURANCE COVERS NEGLIGENT ACTS ....NOT INTENTIONAL.

PLEASE CONTACT A LOCAL PI/WC LAWYER ASAP.

YOU MAY BE IN A POSITION THAT YOU WERE UNDERINSURED OR UNINSURED AND THERE IS NO ONE FROM WHOM TO COLLECT.

IF...
Read more »

3 Answers | Asked in Car Accidents for California on
Q: I was recently in a car accident and the other driver was at fault.

the insurance adjuster offered me $700 and a $1000 For future medical cost and I told him I was in pain due the the accident and I am in recovery from surgery before the accident and he said I call you next month when you feel better. Is that correct? I didn’t accept the offer.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 19, 2022

Yes, the insurance company needs to ensure that you have recovered from your current complaints before they can settle your injury claim. They will also need to see your doctor bills/reports regarding possible future treatment you may need in order to finalize your future medical payment claim.... Read more »

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1 Answer | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Is non renewal of auto insurance like this allowed in California?

I had full coverage insurance. My policy was auto renewed last October and was on auto pay. I just found out they didn't renew it in April and have been without insurance for a couple months now and was involved in a fender bender (which is how i found out it was cancelled). I called to... Read more »

Ronnie Kashri
PREMIUM
Ronnie Kashri
answered on Jul 5, 2022

In order to answer the question, it requires more information such as if there was a broker/agent involved as well, the policy language, any autopay agreements, etc. However, I will say that an insurance company is obligated to provide notice of cancellation due to non-payment of premium, pursuant... Read more »

1 Answer | Asked in Car Accidents for California on
Q: My car got hit by a truck with a trailer but the trailer has no insurance coverage. What should I do in this case ?

I and the guy who hit me have the same insurance company and we both file the claim separately. I talked to both my claim adjuster and guy’s claim adjuster. My claim adjuster told me he has done everything from his side and while I talked to other adjuster she say go through with my insurance... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 1, 2022

Consult with

A PI

Lawyer

In your area.

Maybe UIM

Against your policy IF it is more than trucks limits.

That’s why you pay dormitory.

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