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California Car Accidents Questions & Answers
4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Can an insurance company refuse to pay medical bills, because doctor doesn’t have business license?

My sister was in an accident, the other driver was at fault. Now his insurance company refuses to pay her chiropractor's bills because her doctor doesn't have a business license. He has a medical license and the chiropractic center he works at, they have a business license. But he... Read more »

James L. Arrasmith
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answered on May 31, 2023

In California, an insurance company generally cannot refuse to pay medical bills solely based on a doctor not having a personal business license if they are otherwise qualified to practice medicine and are working within a licensed chiropractic center. However, insurance policies can vary, and... Read more »

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I am a Senior, 76, no lawyer will help since not personal injury. My insurance stole my car after I was T-boned & wont

Won’t pay for repairs keep trying to convince me it was my fault, which I can show wasn’t, car still runs fine but they took it without my permission to resell at used car/parts business., keep trying to get me to give them the title, and scaring me saying driver who hit me is suing me for... Read more »

James L. Arrasmith
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answered on May 26, 2023

I'm sorry to hear about your situation. If you're having difficulty finding a lawyer to assist you because your case doesn't involve personal injury, you may want to consider reaching out to legal aid organizations or senior citizen advocacy groups in your area. They may be able to... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: If California defendant auto PI case settles for full policy 15K. Normal practice plaintiff collects all of the money

Of Infinity policy holder declaration, max award is 15K. Infinity trying to keep 2700 USD of the 15K stating they are going to pay the lien at the hospital ER. I refused the settlement offer of less than 15K and wish to continue onto trial I told them. Infinity motion for protective order recently... Read more »

William John Light
William John Light
answered on May 16, 2023

If you are in California, the hospital has a lien on the recovery for emergency room services pursuant to Civil Code 3045.1-3045.6. The insurer has to withhold that money to protect the lien, or it could be liable to the hospital, in addition to the policy limit if you don't pay, which is... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: If California defendant auto PI case settles for full policy 15K. Normal practice plaintiff collects all of the money

Of Infinity policy holder declaration, max award is 15K. Infinity trying to keep 2700 USD of the 15K stating they are going to pay the lien at the hospital ER. I refused the settlement offer of less than 15K and wish to continue onto trial I told them. Infinity motion for protective order recently... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on May 17, 2023

Insurance companies have a legal duty to protect hospitals for liens related to emergency services. The reason is because pro pers rarely pay off the liens so the law places the burden on attorneys and insurance companies. You might be able to get around this issue if your Release contains a clause... Read more »

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1 Answer | Asked in Car Accidents and Consumer Law for California on
Q: Can a body shop drive my car and charge me a toll fee?

They keep on delaying the date I’m going to get my car back every week now.

James L. Arrasmith
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answered on May 16, 2023

Generally, a body shop does not have the right to drive your car for personal use or charge you a toll fee without your permission. The primary purpose of a body shop is to repair and restore vehicles, not to use them for personal errands or incur toll charges. However, it's important to... Read more »

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Car accident. Other parties were at fault. But there insurance won’t pay for damages to my vehicle what do I do next

I have video proof, and yet they there not liable for damages

James L. Arrasmith
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answered on May 15, 2023

If you're involved in a car accident in California and the other party's insurance company is denying liability despite evidence that their insured was at fault, you should take several steps to protect your rights and interests:

Consult an Attorney: First and foremost, consult a...
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1 Answer | Asked in Animal / Dog Law, Car Accidents and Personal Injury for California on
Q: Can attorney help me Sue the US postal Service for hitting my chihuahua and not stopping my dog needed amputation

This was a hit and run I've contacted the postal service and inform them of the incident I've gone to the direct postal Service and left a message handwritten note to inform them that I need to find out who the driver was between 3:00 and 3:00 p.m. on Tuesday March 21st on American and... Read more »

James L. Arrasmith
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answered on May 8, 2023

Yes, an attorney can help you pursue legal action against the US Postal Service for hitting your chihuahua and not stopping, which resulted in the need for amputation.

To pursue legal action against the Postal Service, you will need to file a claim under the Federal Tort Claims Act (FTCA)....
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1 Answer | Asked in Car Accidents, DUI / DWI, Criminal Law and Health Care Law for California on
Q: My brother was arrested for a dui because he crashed both parents have been trying to see him or get an update on his h

Health but they refuse to give them any information or let him see him what rights do we as a family have to know his status we haven’t gotten any information

James L. Arrasmith
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answered on May 7, 2023

If your brother is an adult, the hospital and law enforcement may not be able to release any information about his condition without his consent. However, if your brother is unable to make decisions due to his condition, the hospital may be able to share some information with a designated family... Read more »

5 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on
Q: So I got my car back from body / mechanic shop where they repaired my front left wheel. 1 week later the whole wheel

Fell of and caused me to crash and injured my back and neck. Do I have a case?

Mark A. Siesel
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answered on May 4, 2023

Based upon the facts as you have described them, you would have the basis for a case. Here in New York, in an automobile crash case, you must prove: 1) that the defendant was negligent; 2) that the negligence of the defendant was a "proximate cause" or a substantial factor in causing the... Read more »

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5 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on
Q: So I got my car back from body / mechanic shop where they repaired my front left wheel. 1 week later the whole wheel

Fell of and caused me to crash and injured my back and neck. Do I have a case?

William John Light
William John Light
answered on May 4, 2023

Sounds like it could be a good case. You will need to save the wheel and have the car inspected by a certified mechanic to determine the cause of the failure. For a personal injury case, you also need real injuries with medical care. An attorney can help you to find medical care if you need... Read more »

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5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Hello so my question is, how can I find out the status of my case what's it worth ,

My accident was 8 months ago I have a lawyer that took my case ,

And a case worker and I have never spoke to one of them I have left email , messages with there answering service txt messages and not one have I got a reply

William John Light
William John Light
answered on Apr 29, 2023

No one can estimate what your case is "worth" without any information. If you are not satisfied with your current attorney, you can change attorneys. It's a good idea to talk to other attorneys first to see if they are interested in taking over before you fire the current one. You... Read more »

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5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Hello so my question is, how can I find out the status of my case what's it worth ,

My accident was 8 months ago I have a lawyer that took my case ,

And a case worker and I have never spoke to one of them I have left email , messages with there answering service txt messages and not one have I got a reply

James L. Arrasmith
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answered on Apr 29, 2023

If you have been involved in an accident and have hired a lawyer to represent you, but have not been able to communicate with them for some time, there are several steps you can take to find out the status of your case and what it may be worth:

Send a written request for information: Send a...
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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Is it still too late to pursue?

I was at a coin operated car wash, As I was back away from the towel machine, I turned around and was met by the bumper of a sedan in my chest. I bounced off of the car, but I did not need medical attention. I did get the info of the drive, who happened to be an employee of the car wash, and I... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2023

The time limit to file lawsuits in California for personal injuries is, generally, two years. Bringing a case, requires that someone did something wrong, and what they did wrong caused damage. Here, while you do have damage, it may not be significant enough to warrant a lawsuit. Consult with... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: i rear ended someone while driving uninsured. Now I am being sued. Not sure how to protect myself.

the lawsuit being filed is not only to represent the adults but every child as well in the vehicle. You couldn't even really tell there had been an accident but now they all have tremendous injuries and are seeking a ridiculous judgment against me. I am not sure what I should do to try to... Read more »

Mark A. Siesel
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answered on Apr 23, 2023

You need to retain a personal attorney to represent you in to protect your interests. This attorney can attempt to negotiate with the attorneys for the plaintiff, review the medical records of the occupants of the vehicle to determine the seriousness, or lack thereof, of their injuries and file... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: i rear ended someone while driving uninsured. Now I am being sued. Not sure how to protect myself.

the lawsuit being filed is not only to represent the adults but every child as well in the vehicle. You couldn't even really tell there had been an accident but now they all have tremendous injuries and are seeking a ridiculous judgment against me. I am not sure what I should do to try to... Read more »

James L. Arrasmith
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answered on Apr 24, 2023

Being sued for a car accident can be a daunting and overwhelming experience, especially if you are facing significant legal and financial challenges. If you were driving uninsured and are now being sued, it's important to take action to protect yourself legally and minimize the potential... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I been involved in an accident last year where it was maybe a brake failed that caused the accident and I damaged 3 cars

Looking to see what type of lawyer would I look for regarding manufacturing defect or to go after Lexus themselves

Mark A. Siesel
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answered on Apr 21, 2023

If you get sued by any of the owners of the three cars that you damaged, your auto insurance company will retain a lawyer to represent you. Realistically, you won't find a lawyer to sue the automobile manufacturer under the theory of product liability unless you were seriously injured in the... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I been involved in an accident last year where it was maybe a brake failed that caused the accident and I damaged 3 cars

Looking to see what type of lawyer would I look for regarding manufacturing defect or to go after Lexus themselves

James L. Arrasmith
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answered on Apr 21, 2023

If you believe that a manufacturing defect caused your brake failure and subsequent accident, you may want to consult with a product liability lawyer. Product liability lawyers specialize in cases where a defective product, such as a car part, has caused injury or damage.

To go after Lexus...
Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Should you agree to release liability limits?

Second request, was denied the first time. The injury cost to what they are requesting is ridiculous difference.

James L. Arrasmith
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answered on Apr 17, 2023

Whether or not to agree to release liability limits depends on several factors, including the circumstances of the injury, the amount of damages being sought, and your own risk tolerance.

If you believe that the damages being sought are unreasonable or excessive, you may want to consider...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Should you agree to release liability limits?

Second request, was denied the first time. The injury cost to what they are requesting is ridiculous difference.

Edward A. Smith
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Edward A. Smith
answered on Apr 18, 2023

There is little or no downside to revealing insurance policy limits. Most times it will keep the insured out of litigation and a long drawn out fight.

If they file a lawsuit, they can find out almost immediately. So if you do not want to be drawn into a lawsuit give permission to reveal no...
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7 Answers | Asked in Car Accidents and Personal Injury for California on
Q: i was recently hit by a car . i was going through the crosswalk and hit by a car running a red light do i have a case

the car didnt stop all the way making a right turn and didnt even seem to see me cause it rammed right into me. i felt bad and was in pain i just had my girlfrind get her info just in case also she wanted to give me cash to at least pay for the bike and gave me 90$ i didnt make a police report but... Read more »

Ronnie Kashri
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Ronnie Kashri
answered on Apr 16, 2023

It appears like you have a strong case. A police report may be helpful but not necessary for your case. The value of your case will depend on your injuries and treatment. Obtaining the full value will depend on the amount of insurance or assets available. I would recommend that you contact an... Read more »

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