Lawyers, Answer Questions  & Get Points Log In
California Car Accidents Questions & Answers
3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
View More

View More Answers

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

View More Answers

1 Answer | Asked in Car Accidents for California on
Q: Driver hit me and gave the officer invalid auto insurance information. Can the officer be held liable?

I got hit by a car in a crosswalk. He gave the officer invalid auto insurance info so now I can’t receive treatments and it complicates everything in my life right now.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

In California, law enforcement officers are generally not liable for the actions of a third party, such as a driver who provides invalid insurance information. The officer's primary role is to investigate the accident, collect information from the involved parties, and create an accident... View More

2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Mandatory dismissal - pursuant to California sections CCP 583.210 and 583.250.

Let say if the plaintiff filed a complaint against the defendant on 1/2/2021 and was never served the defendant as of 1/3/2024. Does the court automatically dismiss the case filed by the plaintiff or it’s something the defendant needs to ask the court to dismiss the case since 3 years has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

In California, under Code of Civil Procedure (CCP) sections 583.210 and 583.250, if the defendant is not served with the summons and complaint within three years of the filing of the complaint, the court must dismiss the action as to that defendant. This is known as mandatory dismissal.

In...
View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: hit from behind spun 3 times and ended up nose to nose other car was on fire then ours chp wrote wrong info on report

how do i contest the report? it will change the outcome drastically

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

In California, if you believe the CHP (California Highway Patrol) officer's report contains incorrect information that could significantly impact the outcome of your case, you have several options to contest or correct the report:

1. Request an amendment or correction to the report:...
View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: hit from behind spun 3 times and ended up nose to nose other car was on fire then ours chp wrote wrong info on report

how do i contest the report? it will change the outcome drastically

William John Light
William John Light
answered on Mar 6, 2024

You can write your correction to the CHP and ask that it correct, amend or supplement the report. You can gather your own witness statements and submit them to CHP and/or to the other insurer. You can simply get your car fixed through your own insurance and let it deal with trying to collect from... View More

View More Answers

3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

View More Answers

4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How much money from $27000 settlement is paid to a lawyer with a 60% contingency fee for 3 clients?

The money was split $10500, $10000 and $7000 but my lawyer is charging each of us 50% of each split.

Something sounds off to me and does not seem like the 60% contingency fee stated in our contract.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2024

Under California law, contingency fees are a common arrangement in legal cases, particularly in personal injury lawsuits. A contingency fee agreement means that the lawyer's fee is contingent upon winning the case or settling out of court. If the agreement specifies a 60% contingency fee, this... View More

View More Answers

2 Answers | Asked in Car Accidents for California on
Q: How is it possible that I gotta pay tow truck fee plus storage fee for inspections.. when am not at fault

No injuries just property damage

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

In California, after a vehicle accident, it's common for the involved vehicles to be towed and stored for inspection, especially if they're obstructing traffic or are unsafe to drive. Even if you're not at fault for the accident, you might initially be responsible for the tow and... View More

View More Answers

4 Answers | Asked in Car Accidents for California on
Q: I only had liability insurance and red-light driver totaled my car. Do I have any rights or ability for reimbursement?
William John Light
William John Light
answered on Feb 29, 2024

You can recover your property damage, your cost of past and future medical care, past and future wage loss, and pain and suffering. The amount will vary depending on your injuries, the available insurance limits of the opposing party, and many other factors.

View More Answers

4 Answers | Asked in Car Accidents for California on
Q: I only had liability insurance and red-light driver totaled my car. Do I have any rights or ability for reimbursement?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

In California, if you were involved in a car accident caused by another driver who ran a red light, you have the right to seek reimbursement for the damages to your vehicle, even if you only had liability insurance at the time of the accident. Liability insurance does not cover your own damages in... View More

View More Answers

4 Answers | Asked in Car Accidents for California on
Q: I only had liability insurance and red-light driver totaled my car. Do I have any rights or ability for reimbursement?
Dale S. Gribow
Dale S. Gribow
answered on Mar 5, 2024

The driver at fault is responsible through his/her insurance.

if there is no insurance you would normally put it through your UM portion of your policy.

it appears you don't have it, and you might consider suing in small claims for up to $10k.

The issue will then be whether you can collect.

View More Answers

4 Answers | Asked in Car Accidents for California on
Q: I only had liability insurance and red-light driver totaled my car. Do I have any rights or ability for reimbursement?
Tim Akpinar
Tim Akpinar
answered on Mar 8, 2024

It sounds like you have rights to recover if you were injured (provided that liability is in your favor. If you mean red light vehicle hit you in rear, that's very clear-cut. If you mean red light dispute at intersection, liability is less clear-cut). I hope you and everyone involved are okay.... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: A car pulled up infront of me causing me to crash into his car with my e-scooter but he just drove off. What should I do

I recently turned 16 and bought an e scooter to go to school. I'm taking the Drivers Ed so I do not have my permit yet. I was in the right when I crashed but I'm worried that I will be the on at wrong because I have not gotten my permit. The accident happened at my school's parking... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

In California, all parties involved in a traffic accident, especially one resulting in injuries, are required to stop, exchange information, and, if necessary, provide aid. Since the other driver fled the scene, they committed a hit-and-run, which is a serious offense. Your lack of a driver's... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: A car pulled up infront of me causing me to crash into his car with my e-scooter but he just drove off. What should I do

I recently turned 16 and bought an e scooter to go to school. I'm taking the Drivers Ed so I do not have my permit yet. I was in the right when I crashed but I'm worried that I will be the on at wrong because I have not gotten my permit. The accident happened at my school's parking... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Feb 29, 2024

You need to find out if there is a video that captured his license plate. If he pulled out of a parking spot and cut in front of you, then you have a great case. You can recover money for any damages to your scooter as well as money for your medical bills, pain and suffering etc.

You...
View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I hit a car on the bike lane but the driver drove off. What can I do?

I just turned 16 and I'm taking my drivers ED to get my permit. I was riding my e scooter on the bike lane. Some car came out of our schools parking real fast blocking my way. He probably didn't check the bike lane because I was only 1 meters away from the parking exit. He wasn't... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

In California, if you're involved in a collision while riding an e-scooter in the bike lane, the fact that you do not have a driver's permit is not directly relevant to the incident. The key factors are adherence to traffic laws and the circumstances of the collision. Riding an e-scooter... View More

View More Answers

1 Answer | Asked in Car Accidents for California on
Q: I had filed an insurance claim back in July of 2023, but when I filed the insurance claim they did not even mentioned

About adding any points to my license, I found out they did after I received the renewal for my policy insurance. Are they allowed to do that? I have tried to get a hold of the claims department for the past 2 weeks, if they answer they just laugh at the situation, they say it’s not their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

Under California law, insurance companies can adjust policy rates based on driving records, including the addition of points to your license due to traffic violations or accidents deemed your fault. However, the process should be transparent, and you have the right to be informed about the factors... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for California on
Q: I have a fix it ticket for registration and insurance is it better to pay or fix the the but it’s over 1000 to fix
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

When you receive a "fix-it" ticket in California for registration or lack of insurance, you essentially have two options: correct the issue by registering your vehicle and obtaining insurance, or face potential fines. Fixing the issue typically involves less cost in the long run, as it... View More

View More Answers

2 Answers | Asked in Traffic Tickets and Car Accidents for California on
Q: I have a fix it ticket for registration and insurance is it better to pay or fix the the but it’s over 1000 to fix
Paula Wasserman Drake
Paula Wasserman Drake pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

As you know, in California you are required to register your vehicle and to carry minimum liability insurance. While these charges are both infractions, failure to provide proof of correction to the court and DMV can result in serious penalties. You are aware of the high fines; however failure to... View More

View More Answers

2 Answers | Asked in DUI / DWI, Car Accidents and Criminal Law for California on
Q: Does an arrest need to be made before a misdemeanor criminal complaint can be made by a district attorney?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.