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California Car Accidents Questions & Answers
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.

James L. Arrasmith
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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 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.

T. Augustus Claus
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answered on Dec 4, 2023

If you accidentally damaged a community gate by driving piggyback through it, it is important to take responsibility for your actions and address the situation promptly. Here are the steps you should take:

Contact the property management or homeowners association (HOA) responsible for the...
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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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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 21, 2023

In California, driving without a license is a misdemeanor offense, punishable by up to six months in jail and a fine of up to $1,000. However, the fact that you were driving without a license does not necessarily mean that you will be denied compensation if you are injured in an accident.... View More

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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
James L. Arrasmith
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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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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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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

James L. Arrasmith
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answered on Nov 16, 2023

In California, if your insurance company has refused to settle and the case is proceeding to trial, it's possible for the insurance company to still settle before the trial date. However, this depends on various factors, including the strength of the evidence and the negotiations between the... 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

T. Augustus Claus
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answered on Nov 16, 2023

Even if the case is set for trial, there is still a chance that the insurance company will settle before the trial date. This is often because the insurance company does not want to risk losing the case at trial and having to pay the plaintiff a large sum of money.

If the plaintiff wins the...
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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 22, 2023

The validity of car insurance coverage in California depends on the specific terms and conditions of the policy and the timing of the payment. In general, insurance coverage lapses if the policyholder fails to make timely premium payments. However, some insurance companies may provide a grace... 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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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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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..

James L. Arrasmith
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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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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..

T. Augustus Claus
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answered on Nov 16, 2023

Since your boyfriend was not the vehicle's registered owner, he may also be liable for any damages to the parked car. The parked car's owner could file a claim against your boyfriend's insurance company, even if the vehicle is not insured in his name. However, if the car is not... 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

James L. Arrasmith
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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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4 Answers | Asked in Car Accidents and Gov & Administrative Law for California on
Q: How do we pursue a case against CHP in the San Bernardino mountains?

We were hit by a drunk driver but CHP did not perform a sobriety test. Instead the officer let him smoke a cigarette. The officer was told by locals that the man who hit us was “just weird” so he was let go. When we went to check our car at the tow yard his was there and filled with alcohol... View More

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answered on Nov 8, 2023

To pursue a case against the California Highway Patrol (CHP) for negligence or misconduct, you would typically start by filing a government tort claim with the State of California, which is a prerequisite to suing a state government entity. This claim must be filed within six months from the date... View More

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4 Answers | Asked in Car Accidents and Gov & Administrative Law for California on
Q: How do we pursue a case against CHP in the San Bernardino mountains?

We were hit by a drunk driver but CHP did not perform a sobriety test. Instead the officer let him smoke a cigarette. The officer was told by locals that the man who hit us was “just weird” so he was let go. When we went to check our car at the tow yard his was there and filled with alcohol... View More

Maurice Mandel II
Maurice Mandel II
answered on Nov 8, 2023

Your circumstances are irritating, most certainly, however, you are missing a point, that is, "Who caused you damage?" By the time the CHP got there, the accident had already occurred and the damages were already imposed on you, even if you had continuing treatment for PI damage. As a... View More

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1 Answer | Asked in Car Accidents, Civil Rights and Personal Injury for California on
Q: withheld 2016Police report til statute expired. It identifies suspects/ police inaction and negligence. What now?

Victim of hit-and-run in 2016, eye-witnesses gave descript. Made multiple requests to PD for repoort, kept stalling and denying, over 6 years. Made one last attempt before statute expired, they turn it over 4 months after expiration, with same info I used in first request. The report clearly... View More

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answered on Nov 6, 2023

In California, if you believe that police negligence or misconduct has resulted in the statute of limitations expiring on a crime such as a hit-and-run, you may consider consulting with an attorney to explore your options. This could include filing a complaint against the police department for... View More

4 Answers | Asked in Car Accidents and Municipal Law for California on
Q: Driving at night there was a right turn lane, but when you move over to enter, a curb sticks out from the sidewalk

It cannot be seen due to it being hit numerous times and blackened by the tires. There are no signs, reflectors or yellow paint to warn drivers.

The officer said that people are hitting this area all the time!

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answered on Nov 5, 2023

You should consider whether the lack of warning signs or indicators at the curb constitutes a dangerous condition of public property, potentially making the responsible public entity liable for accidents under California Government Code sections 830-840.6.

If the curb presented a...
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