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California Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I rear-ended a vehicle at 5 MPH that was sitting in the middle of the street with his car running and flashers on.

He claims he was hit by another vehicle that fled the scene and is now suing me for $150,000. My insurance is looking to settle the claim from my policy limits, but he didn't mention that another vehicle hit him before me. I also suspect he was uninsured that night. Can you stay in your car... View More

William John Light
William John Light
answered on Nov 25, 2024

Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More

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2 Answers | Asked in Car Accidents for California on
Q: My brothers boss owes him $200,000 for an accident. My brother killed himself. Can I seek the money for his children?

He was in a motorcycle accident while working but his boss/friend didn’t have insurance at the time. He had a lawyer and was going to get paid a substantial sum but chose not to sign paperwork. His boss was getting a settlement himself and convinced my brother to not follow through so he... View More

William John Light
William John Light
answered on Nov 24, 2024

Your brother's personal injury claim has components for pain and suffering, and for economic losses. Once your brother passed, only the claim for economic losses remains (wage loss and medical expenses). His children can pursue those losses, but they likely aren't large enough to... View More

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3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

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

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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2 Answers | Asked in Car Accidents, Traffic Tickets and Insurance Defense for California on
Q: How much trouble am i in for falling asleep while diving, running a red light and causing a collision?

No one was hurt although the minivan spun several times it had to be towed away. It was a family on vacation and the minivan belongs to a rental company. I have no information from them and don't know what do I do? Also my car is a salvage title with no insurance and no registration but I do... View More

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

It could depend on how aggressively the other side's attorney and authorities want to press those issues. If the other side chooses to bring a case, it could depend on how it would be handled. Some plaintiff attorneys assess an accident case in a matter-of-fact approach, seeing it solely in... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Personal injury in car accident

Hello,

I was recently rear ended by someone on july 5th and I have hired a personal lawyer since then to represent me.

They have assigned me to a chiropractor and a pain management company who performed several MRI tests on me and will be doing a study soon.

Concern:... View More

Robert P. Taylor
Robert P. Taylor pro label 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

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I just got rear ended waiting at a red light while driving my motorcycle? Just bought the motorcycle from my friend and

So the motorcycle is not in my name and niether is the insurance for the motorcycle. Also I don’t have a M1 endorsement on my drivers license. What steps should I take? The driver completely admitted 100% fault and I exchanged info and documentation.

William John Light
William John Light
answered on Nov 10, 2024

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

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I just got rear ended waiting at a red light while driving my motorcycle? Just bought the motorcycle from my friend and

So the motorcycle is not in my name and niether is the insurance for the motorcycle. Also I don’t have a M1 endorsement on my drivers license. What steps should I take? The driver completely admitted 100% fault and I exchanged info and documentation.

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Nov 11, 2024

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...
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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I just got rear ended waiting at a red light while driving my motorcycle? Just bought the motorcycle from my friend and

So the motorcycle is not in my name and niether is the insurance for the motorcycle. Also I don’t have a M1 endorsement on my drivers license. What steps should I take? The driver completely admitted 100% fault and I exchanged info and documentation.

James Clifton
PREMIUM
James Clifton
answered on Nov 11, 2024

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

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Can I sue CHP for negligence after a high-speed pursuit caused an accident and injuries?

On July 29, 2024, CHP chased a suspect for over 15 miles at speeds exceeding 120 mph, continuing into a residential area with bystanders, including children. Despite the risks, CHP failed to terminate the pursuit, resulting in the suspect crashing into our vehicle, causing severe property damage... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 3, 2024

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

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

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

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Leon Bayer
Leon Bayer
answered on Oct 15, 2024

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...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a car wreck in April 2024 we we. re toned flipping the truck over
James Clifton
PREMIUM
James Clifton
answered on Oct 1, 2024

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...
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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I am on the title of the car, my son caused the accident. Will my assets be at risk?

The lawyer wants information for umbrella. My son was not listed as the driver on the umbrella policy. We own the car. Son was on the auto insurance but not umbrella. The vehicle was listed on the umbrella. He caused the accident while he was 17 years old (now he is 18). So, Do we need to provide... View More

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

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

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3 Answers | Asked in Car Accidents for California on
Q: How to defend myself in small claims suit for auto accident where I was at fault?

I was just served small claims court papers for an accident 3 years ago (they filed one day after the 3-year mark) where I was involved in a multi-car pileup on the freeway in which I was listed as the at-fault party. My insurance provided them a settlement, however it appears that was not... View More

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2024

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

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Hello, I was hit as a pedestrian in crosswalk and received medical treatment. I wound up dropping atourney received full

Policy limit agreement to my demand. The insurance claims is now asking for liens and if there's a lean with old atourney.

I said there's no leans with atourney and he has a copy of itemized billing for treatment.

Is my lien now considered medical billing since I'm... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

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

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4 Answers | Asked in Domestic Violence, Family Law and Car Accidents for California on
Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t

That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

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

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

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

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2 Answers | Asked in Car Accidents for California on
Q: Hello so a month ago some lady hit my car while it was parked fled the scene and the cops found her car a block away

I didn’t have any info on her insurance so I went through mine and they did fix my car now the lady’s trying to go through my insurance to fix her car and my insurance sent me a letter that if it didn’t cover her car I had to pay out of pocket?? How I have to pay if it’s not even my fault... View More

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

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

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Is it possible hire a lawyer to write a settlement demand letter to an insurance company for an accident I was in?

I was in a 1 vehicle accident and I was a passenger and I’m now waiting on a settlement from the drivers insurance company. I would like to have a lawyer write a settlement demand letter to start the negotiations process. Is that expensive? My mom was also a passenger and she received a lowball... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

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

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

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

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