Robert P. Taylor Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2024

Lost earning capacity usually relates to a permanent injury that prevents you from engaging in employment or similar employment. If you're off work or can't work for a few weeks because of an injury, that's not generally considered lost earning capacity. Now I don't know your... View More

If you have existing insurance on another vehicle, there may be a grace period where the motorcycle will also be insured even without it being officially added to the policy. If there was a bill of sale signed, the motorcycle is officially yours, and it is unlikely that your friend's insurance... View More

You would be entitled to money for your medical bills, loss of earnings, property damages etc

You would also be entitled to money for pain and suffering but you need to prove you were covered by liability insurance unless the other party was DUI.

You should contact anyone of us... View More

The motorcycle may still legally belong to your friend, and you might be insured as a permissive user of the motorcycle. If you are injured that can be a big deal. Uninsured drivers can only recover damages for their economic losses (medical expenses, property damage and wage loss). Insured... View More

CHP officers have discretion in high-speed pursuits, but they have to consider public safety as mandated by their own policies and California law. Under Section 17004, officers can be immune from liability during a pursuit, but this immunity has limitations. If officers acted recklessly or failed... View More

I'm sorry about your son's accident and ordeal. I hope everyone is okay. It's your decision, but there's something to be said for handling this through your insurance carrier... how do you know the other driver won't come back in 10 months with an injury lawsuit? An... View More

As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by... View More

First, seek medical attention for your injuries and follow through with treatment. In order to be fully compensated, doctors will whether you will fully recover or if there are injuries that may be permanent.

Second, keep records of the accident including witness information, the police... View More

The owner of the vehicle is liable for its use, up to $15k per person or $30k per accident (if multiple persons are injured). If you knew or should have known of your son's propensity to drive negligently, you could have your own liability for allowing him to drive the vehicle. However,... View More

Turn the papers over to your insurance carrier without further delay (make a copy for your own files). They should handle it. If they obtained a release from the claimant, the first thing your carrier will probably do is to see if that release disqualifies this subsequent claim. In either event,... View More

Since you no longer have an attorney, the focus is on any medical liens, which represent unpaid medical bills. Insurers typically settle these liens first to meet legal obligations, which may delay your settlement. You can negotiate the bills with medical providers before the settlement is... View More

The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

You shouldn't have to pay. Your car is parked - this should amount to no liability on your part. Fleeing scene of an accident - this should amount to no credibility on her part. Ask your carrier how they determined you would have to pay - unless there are additional details, something is... View More

There are many, many attorneys who represent individuals involved in motor vehicle collisions. Typically, they will accept your case on a contingency fee (1/3 is common) so you do not have to pay anything upfront. They receiver their fee out of the proceeds collected. A strong demand letter from... View More

Your attorney isn't doing anything wrong by not scheduling chiropractic visits. That's something patients arrange. Attorneys could assist in finding medical providers and facilitating care, but it's generally upon the patient/client to schedule visits. It's difficult to guess... View More

If I were you, I would send a letter (not an email) requesting an office conference within the next thirty days to review your case, to discuss its current status, and to determine your case strategy moving forward.

Typically, attorneys and law firms do not schedule healthcare appointments... View More

They probably advise your mom she has the right to consult with her own attorney - they often do that. It could be worthwhile for your mom to discuss the situation with an attorney - based on what property and assets she owns. Unfortunately, it could be difficult to get a clear answer in these... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

Based on the situation described, here's a concise overview of the potential liability:

1. Primary liability: As the at-fault driver, you are primarily responsible for damages.

2. Insurance coverage: Your mother's insurance policy will cover damages up to the policy... View More

I'm sorry for your ordeal. Unfortunately, one would need to review your file to offer a definitive answer. Yes, you are partially correct in the insurance company paying the bills. But if you had an IME (independent medical exam) and were cut off by the carrier, but continued to treat,... View More