California Car Accidents Questions & Answers

Q: If my injury is the result of a crash by another driver and I am injured, am I able to sue them to pay for my therapy?

4 Answers | Asked in Car Accidents for California on
Answered on Feb 7, 2019
Manuel Alzamora Juarez's answer
Call your insurance company and inform them of your accident. If you have the police report take it to an attorney and let him help you. Best of luck.

Q: I was in a 3 car chain reaction accident. What if at fault drivers insurance is not enough to cover both vehicles? CA

4 Answers | Asked in Car Accidents for California on
Answered on Jan 27, 2019
William John Light's answer
No one is getting covered "instead of" you. You get covered proportionally. If the value of the three cars is $75,000, and your car is worth $7,000, the you get 9.3% of the total property damage settlement ($7,000/$75,000 = 9.3%). If the property damage limit is $5,000, you get $465 ($5,000 x .093). You took the risk by not purchasing collision insurance. You can also refuse settlement and attempt to force the other driver to contribute personally to the settlement to increase your take....

Q: What rights does an uninsured driver have if they were severely injured in a car accident at no fault of their own?

4 Answers | Asked in Car Accidents for California on
Answered on Jan 24, 2019
Gerald Barry Dorfman's answer
Assuming no exceptions apply, such as the defendant driver being drunk at the time, California law does not allow an uninsured driver to collect for "general damages". Those types of damages are generally referred to as "pain and suffering", although there is more to it than that. However, an uninsured driver can still be compensated for economic damages, such as loss of income. Such damages would also include rehabilitation costs and assistive devices and alterations. The full range of...

Q: How do I get someone's insurance and driver license after an accident after he is arrested?

5 Answers | Asked in DUI / DWI and Car Accidents for California on
Answered on Jan 19, 2019
Mr. Hudson Thomas Bair's answer
Call the police, if the driver was arrested they will have the information you need. You should have "uninsured motorist" coverage which will help you if the other driver is uninsured, there is also a restitution process that may be initiated if the other driver is found guilty of a criminal offense.

Q: What happens to your accident history when you hit a person by accident ?

1 Answer | Asked in Car Accidents for California on
Answered on Jan 16, 2019
William John Light's answer
I don't think so. Unless the pedestrian makes an injury claim that is reported to your insurer, there is nothing to put on your record.

Q: Hello, I am contacting you today because I was in a car accident over 2 years ago.

1 Answer | Asked in Car Accidents for California on
Answered on Dec 28, 2018
Peter N. Munsing's answer
Your lawyers can ask to transfer the case but usually Courts go with where it happened, but as both parties are California that may work.

As to you, if you have a claim I assume you have a lawyer. If you were at fault your insurance company will get you one. Either way, it's a problem that people can work out.

Q: I rear ended someone on april 1, 2019. They are suing me and the damages are over my policy limits.

6 Answers | Asked in Civil Litigation and Car Accidents for California on
Answered on Dec 27, 2018
Dale S. Gribow's answer
more info needed.

usually, when the party at fault does not have insurance and assets the injured party will present an underinsured motorist claim against their ins policy.

you are asking a tax question in a criminal forum. My gut feeling is you would not have exposure but the question should be presented to a tax lawyer in your area.

Q: What can I do if a cops wrote a hit and run under special circumstances

2 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Answered on Dec 27, 2018
William John Light's answer
I have no idea what "special circumstances" means in relation to a hit and run, but if you can identify the car and license plate, and you were injured, you should have no problem finding an attorney to investigate your claim. Consultations are free.

Q: If I accidentally hit a parked car, but didn’t see any damage, do I still need to contact the car owner?

1 Answer | Asked in Car Accidents for California on
Answered on Dec 15, 2018
Dale S. Gribow's answer
more facts needed..............but if you are contacted by police remain silent and say you want to talk to your lawyer for permission to talk to the police.

technically you do not know what the damage might be to the undercarriage etc

Q: I took my car to get a paint job but two of the employees took it out and crashed my car what can I do? Thanks

2 Answers | Asked in Car Accidents for California on
Answered on Dec 10, 2018
Dale S. Gribow's answer
more info needed.

i would initially contact the police since if they employees were really not working for the shop then your car was stolen.

the shop's insurance should be responsible but the easiest route is to have your insurance pay and let them subrogate against the shops.

Q: So if my employee gets in an accident, am I at fault?

3 Answers | Asked in Car Accidents for California on
Answered on Dec 7, 2018
Dale S. Gribow's answer
more info needed.

it depends.

if your employee was in the course and scope of your biz, then yes.

Q: Should my attorney advise me to take out a lien when i have medical insurance and can pay anything not covered

1 Answer | Asked in Car Accidents for California on
Answered on Nov 23, 2018
Dale S. Gribow's answer
more info needed.

a lawyer would always prefer higher med bills to submit to the insurance co.

new cases suggest a lawyer will get more money when bills have not been paid by insurance.

most med insurance is reimbursable now days.

Q: attorney kept information from me until after an offer was made and that info would have gotten her fired is this allow

2 Answers | Asked in Car Accidents for California on
Answered on Nov 22, 2018
Alexander Bakhache Perez's answer
If you feel the attorney has kept information from you that effected the case you may wish to report the action to the California attorney bar association for them to review attorney misconduct and investigate (there is no cost to file a complaint). That is breach of attorney client relationship and should not be allowed.

As far as your settlement amount and the amount of your bills and costs you should review each bill with the attorney, ask for a copy of all bills (or ask for a...

Q: If at fault driver is impossible to find, can I go directly after ins co? Policy was valid at time of accident.

2 Answers | Asked in Car Accidents for California on
Answered on Nov 19, 2018
William John Light's answer
No, you can't go after his insurance. No his insurance doesn't have to put you in touch with him. An attorney will hire a private investigator to locate the defendant and have him served with the Summons and Complaint. Get a consultation with a PI attorney. Consultations are free.

Q: Hi I've been injured in a car accident the injuries that I sustained were a concussion, left wrist pain that I had

5 Answers | Asked in Personal Injury and Car Accidents for California on
Answered on Nov 16, 2018
William John Light's answer
Without reading your medical records, getting an estimate on future treatment and future medical costs, and future wage loss, any answer would be a guess. I infer that you are pursuing a UIM claim on your own. 99% of the time you will not get a 6 figure settlement on your own. Studies show that plaintiffs with an attorney get more, net in their pocket, than plaintiffs without an attorney. Do yourself a favor and call one. Consultations are free.

Q: If defendant driver loses in Sm. Cl. Court, does his insurance company have to pay judgment per their Duty to Indemnify?

2 Answers | Asked in Car Accidents and Small Claims for California on
Answered on Nov 15, 2018
William John Light's answer
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.

Q: Small Claims. Can I sue at fault driver's insurance company for denying my claim, or do I sue driver?

2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for California on
Answered on Nov 15, 2018
Dale S. Gribow's answer
more info needed

you would sue the defendant driver

Q: My kids and my wife are affraid of getting into car because of recent drunk driver accident.

2 Answers | Asked in Car Accidents for California on
Answered on Nov 14, 2018
William John Light's answer
You, and they, have good PI cases. Contact a PI attorney to discuss it in detail. You need to get medical treatment for a diagnosis of your injuries and off work order to justify any loss of wages. Take photos of visible injuries, damage to the vehicles and collision site. If the other party doesn't have insurance, or has minimal limits, your UM or UIM coverage will apply. It doesn't cost anything to talk to a PI attorney about a case.

Q: I received a letter from a insurance company that said i owed $4,000 dollars in damages from a car that was a trade in

2 Answers | Asked in Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense for California on
Answered on Nov 14, 2018
William John Light's answer
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome

However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...

Q: What should be my next step?

2 Answers | Asked in Car Accidents for California on
Answered on Nov 14, 2018
William John Light's answer
It's not even clear that you have a legitimate "next step." You took money from your insurance company for property damage. Per your insurance contract, and principals of equity, your insurer now owns your right to pursue the at fault party for your property damages. That is a claim which cannot be divided between the two of you, and pursued at different times in different lawsuits. If you want to go after the construction company for some other property losses, you need your insurer's...

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