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California Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Had a total loss on my vehicle in 11/2023. It's been six months, no payment from Gap Insurance. What can I do?

All paperwork has been submitted and accepted from GAP insurance company-Smart AutoCare. They keep telling me its "processing". Meanwhile, I am still making payments on a vehicle I no longer possess. Please help.

James L. Arrasmith
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answered on May 24, 2024

Under California law, if your GAP insurance company is delaying payment without a valid reason, you have options to resolve the issue. First, document all your communications with the insurance company, including dates, times, and the names of representatives you spoke with. This record will be... View More

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

James L. Arrasmith
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answered on May 23, 2024

I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:

1. Check local leash laws and...
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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

William John Light
William John Light
answered on May 23, 2024

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

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4 Answers | Asked in Car Accidents for California on
Q: My wife was involved in a accident. 3 /23.waited for the police report and it determined that the other party was at fau

Faultmy wife was injured broken bones bruises both cars sustained major damage. The driver that hit my wife was not insured but the car she was driving was(not her car) but my attorney tells me that they are not going to pay for the damage. Why not

Frederick J. Sette
Frederick J. Sette
answered on May 14, 2024

that, is an excellent question for your attorney. If you cannot maintain that basic level of communication with him/her, then I suggest having a meeting with said attorney to improve communication. Either it is a coverage issue, i.e. the carrier is claiming driver was excluded, thus the policy... View More

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4 Answers | Asked in Car Accidents for California on
Q: My wife was involved in a accident. 3 /23.waited for the police report and it determined that the other party was at fau

Faultmy wife was injured broken bones bruises both cars sustained major damage. The driver that hit my wife was not insured but the car she was driving was(not her car) but my attorney tells me that they are not going to pay for the damage. Why not

James L. Arrasmith
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answered on May 13, 2024

Under California law, insurance coverage typically follows the vehicle, not the driver. Since the car the other driver was using was insured, you might expect that the insurance policy would cover the damages. However, there could be exclusions or specific terms in the policy that prevent it from... View More

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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: “Can I file a wage loss claim with the TNC endorsement in the event of a comprehensive accident?”
James Clifton
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James Clifton
answered on May 10, 2024

TNC (Transportation Network Company) endorsements are insurance policies designed to provide coverage for drivers who are operating their vehicles for ridesharing services such as Uber or Lyft. These endorsements typically provide coverage for certain types of accidents and incidents that occur... View More

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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: “Can I file a wage loss claim with the TNC endorsement in the event of a comprehensive accident?”
James L. Arrasmith
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answered on May 11, 2024

In California, if you are a driver for a Transportation Network Company (TNC) like Uber or Lyft and you are involved in a comprehensive accident (an accident not involving a collision, such as theft, vandalism, or weather-related damage) while logged into the TNC app, you may have some coverage for... View More

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: At fault accident.is my insurance responsible for any amount excessive of my 25k/50k policy ??

Basically we were at red light.its turned green I let the brake go and the car suddenly stopped.probly 1mph and barely vumbed into the.yook a picture only a scratch on car.no police came nor ambulance.they said we can just get it fixed and not involve insurance.they lied as they filed a claim.my... View More

James L. Arrasmith
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answered on May 3, 2024

In California, if you have an auto insurance policy with liability limits of $25,000 per person and $50,000 per accident (25k/50k), your insurance company is generally responsible for paying up to those limits for damages you cause to others in an accident.

If the damages exceed your policy...
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3 Answers | Asked in Car Accidents for California on
Q: I had an accident with a cyclist, we collided into each other. No damage to my car. Scuff marks on the right back fender

These can be rubbed out with compound. No paint removed. He fell on his left hand and there were scratches on fatty part of his palm. There was no blood or open cuts. He called the police and 2 paramedics vans, 2 police cars and a sheriff car came. I was not hurt and he refused to go with the... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it seems that you were involved in a collision with a cyclist in California. Fortunately, there was only minor damage to your car (scuff marks on the right back fender that can be buffed out) and the cyclist suffered only minor injuries (scratches on... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: In CA, in a car accident involving injuries- settlement, is it standard for a physical therapist to get 33%?
Joel Gary Selik
Joel Gary Selik
answered on Apr 30, 2024

Health care providers, and nearly everyone cannot charge on a percentage basis, except attorneys.

After a case settles, the health care providers might be asked to reduce the amount they are owed. It is not unusual for all the health care providers bills, after negotiation, be 1/3 of the...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: In CA, in a car accident involving injuries- settlement, is it standard for a physical therapist to get 33%?
James L. Arrasmith
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answered on Apr 30, 2024

In California, there is no set standard percentage for physical therapists to receive in a settlement for a car accident involving injuries. The amount a physical therapist receives depends on several factors, including:

1. The total amount of the settlement

2. The extent and...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: In CA, in a car accident involving injuries- settlement, is it standard for a physical therapist to get 33%?
Ross A. Jurewitz
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Ross A. Jurewitz
answered on May 13, 2024

Physical therapists and doctors cannot charge a percentage of your recovery. They are often paid by the hour and their rates must be reasonable for the services they provided as judged by a community standard (e.g. bills in SF and LA are going to be higher than Barstow for the same service).... View More

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2 Answers | Asked in Car Accidents for California on
Q: I drive friends car and have an accident. I later found out that his car did not have car insurance, what should I pay?

My friend asked me drive his car, I rear-ended and at fault. After accident he told me the car no insurance, what part of compensation do I need to pay? no one was injuried.

James L. Arrasmith
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answered on Apr 29, 2024

In California, if you're driving a friend's car with their permission and you have an accident, you typically rely on the car owner's insurance to cover damages. However, since the car you were driving wasn't insured, the situation becomes more complex. Under state law, vehicle... View More

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2 Answers | Asked in Car Accidents for California on
Q: I drive friends car and have an accident. I later found out that his car did not have car insurance, what should I pay?

My friend asked me drive his car, I rear-ended and at fault. After accident he told me the car no insurance, what part of compensation do I need to pay? no one was injuried.

Tim Akpinar
Tim Akpinar
answered on May 1, 2024

I'm glad no one was injured in your accident. You could be requested to pay damages out of pocket. It could also depend on how the other driver handles the claim. If they go through their insurance, it could further depend on how the insurance would handle the claim after paying their... View More

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1 Answer | Asked in Car Accidents for California on
Q: small fender bender with a park car,and try to exchange info but owner said eveything is fine 5days later report hit run

Owner of the vehicle was ask 3 times to exchange info but kept saying nothing happen to her park vehicle. And she didnt need to exchange information. She report hit and run to my insurance and also did a false police report because she knows better i stay to talk to her. I drive a telsa model y but... View More

James L. Arrasmith
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answered on Apr 26, 2024

In California, leaving the scene of an accident without properly exchanging information is considered a hit-and-run, even if the other party initially claims there is no damage or need to exchange information. Here are a few steps you can take to address this situation:

1. Contact your...
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2 Answers | Asked in Car Accidents for California on
Q: MY SON WAS KILLED IN A CAR ACCINT DRIVINGA RENTAL CAR .THE AIR BAGS NEVER OPENED UP HE FLEW OUT HIS WINDOW CAN I SUE
James L. Arrasmith
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answered on Apr 25, 2024

I'm so sorry for your loss. Losing a child in such a tragic way is devastating.

Under California law, you may potentially have grounds for a wrongful death lawsuit if your son's death was caused by someone else's negligence or wrongdoing. A few key points to consider:...
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2 Answers | Asked in Car Accidents for California on
Q: I was driving my gf vehicle to drop off my daughter at school, along the way I was involved in a vehicle accident,

Called her insurance agent to file a claim report, spoke with the agent, there’s a dash cam video as proof that I was not at fault, the agent reviewed the video and confirmed that I was not at fault and the other parties was at fault. Later received a phone called from the claim department,... View More

James L. Arrasmith
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answered on Apr 24, 2024

In this situation, there are a few steps you can take:

1. Contact the insurance company and request a detailed explanation of their decision. Ask them to clarify why they initially determined that you were not at fault based on the dash cam footage, but later changed their decision to...
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2 Answers | Asked in Car Accidents for California on
Q: How do I get money for my medical bills after a car accident?
James L. Arrasmith
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answered on Apr 23, 2024

Under California law, there are several ways to pursue compensation for your medical bills after a car accident:

1. Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage: If you have either of these optional coverages in your auto insurance policy, you can file a claim with...
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2 Answers | Asked in Car Accidents for California on
Q: How do I get money for my medical bills after a car accident?
Tim Akpinar
Tim Akpinar
answered on May 5, 2024

PIP (personal injury protection) should cover basic economic loss - medical bills you ask about. I hope you and others involved are okay. If the accident also involves non-economic loss, such as pain & suffering, that would need to be pursued through the other driver's liability policy. Good luck

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2 Answers | Asked in Car Accidents for California on
Q: My son was driving a rental and was in an accident which caused his death because he flew out the window his airbags ne

His airbags never popped out

William John Light
William John Light
answered on Apr 22, 2024

I am sorry for your loss. Side window air bags might prevent ejection. Seat belts do a better job of that. You may have claims against the vehicle manufacturer, the rental agency, and/or the driver of the other vehicle (if any). This is too complex for analysis on Justia. You will need to... View More

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