What is the lower limit of detention (when a normal dialog with a police officer begins to be classified as detention) and the upper limit (when detention begins to be classified as arrest)? Please with specific examples and key distinguishing features.
Is a traffic stop or on-the-spot... View More 
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answered on Feb 21, 2024
A detention occurs when a police officer stops an individual and restricts their freedom to leave, based on a reasonable suspicion that the person is involved in criminal activity. This is more than a casual conversation but less than an arrest, which requires probable cause. The lower limit of... View More
I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More
answered on Feb 19, 2024
Either you were working and your employer covers it; or you were not working and your personal insurance covers it. There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation. Good luck.
I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More
answered on Feb 20, 2024
Under Labor Code section 2802, your employer has to indemnify your expenses incurred while the course and scope of employment. Its insurer should be fixing your car. If you were driving for Uber or other ride share, you may not have been an employee, but an independent contractor. Whether that... View More
I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More
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answered on Feb 20, 2024
Under California law, if your insurance company denies coverage for an accident that occurred while you were on a break from work, you might still have options to contest the denial. The distinction between being "at work" and "on a break" is crucial, as it can influence the... View More
I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More
answered on Feb 24, 2024
As my colleagues correctly advise, a lawyer consult is worth considering here to identify best route of action. Unfortunately, carriers will generally issue policy denials in such scenarios nationwide, often denying no-fault PIP benefits on the grounds of being a workers' comp matter that... View More
Hello, I live in Southern California. I was driving to work one morning when a gravel towing semi truck's tire blew out, flinging the debris in my immediate lane. With cars on either side of me and how quickly the incident occurred, I could not maneuver out of the way, resulting in my vehicle... View More
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answered on Feb 21, 2024
In California, liability for damages stemming from a vehicle incident, such as a tire blow-out, can be complex and depends on various factors, including negligence and the causation of the damages. If Robertson's Trucking Company failed to maintain their vehicles properly, leading to the tire... View More
My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?
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answered on Feb 21, 2024
Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider... View More
My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?
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answered on Feb 26, 2024
In California, the restitution amount likely cannot be lowered. However, there might be hope in your case. First, the $24,000 amount is probably the contingency fee amount (usually 1/3 of the victim's total settlement amount) paid to the personal injury attorney for representing the victim in... View More
I was driving up an overpass in the right lane and the car driving next to me started drifting in my lane so i started to swerve to avoid and panicked and hit the car in front of me that was stopped at a red light.
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answered on Feb 21, 2024
Under California law, liability in a car accident is determined based on negligence. In this situation, your liability would depend on whether your actions met the standard of care expected of a reasonable driver. Swerving to avoid a drifting car may have been a reasonable reaction to the sudden... View More
I was driving up an overpass in the right lane and the car driving next to me started drifting in my lane so i started to swerve to avoid and panicked and hit the car in front of me that was stopped at a red light.
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answered on Feb 13, 2024
In California, liability in car accidents is determined under the rule of comparative negligence, meaning that if you are found to be partially at fault for an accident, your responsibility for damages can be apportioned according to your degree of fault. Based on the scenario you described, where... View More
I was driving up an overpass in the right lane and the car driving next to me started drifting in my lane so i started to swerve to avoid and panicked and hit the car in front of me that was stopped at a red light.
answered on Feb 18, 2024
I'm sorry about your accident. I hope everyone involved is okay. It would probably be best to assume that the occupants of the vehicle you struck will initiate a claim. Placing your own insurance carrier on notice will enable them to arrange for your defense if that happens. You will also be... View More
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answered on Feb 7, 2024
In California, posting police body cam footage on social media that you appear in, especially from a hospital setting, involves considerations of privacy, legal rights, and potentially specific regulations governing the release and dissemination of such footage. While there isn't a... View More
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answered on Feb 22, 2024
Tricky question, because you do have a 1st Amendment right to free speech. But that right is not absolute. I would say that, generally, no, you generally cannot legally post police body camera footage on social media without permission if you are depicted in the video. A few key things to note... View More
My auto policy reads under my MEDPAY benefits: We will seek reimbursement regardless of whether the insured is made whole. what does this mean in my case. I was involved in a auto accident and it was not my fault the other driver carries 25/50/25. My injuries were severe broken R ankle requiring... View More
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answered on Feb 22, 2024
The clause in your MEDPAY benefits stating that the insurance company will seek reimbursement regardless of whether you are made whole is known as a subrogation clause. This means that after paying for your medical expenses under the MEDPAY coverage, your insurance company has the right to recover... View More
If they wont replace y won't they fix?
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answered on Feb 22, 2024
In California, if your parked car was damaged by a California Highway Patrol (CHP) vehicle, you are entitled to file a claim for the damages. The state has procedures in place for handling such claims against government entities, which typically involve filing a claim within a specified timeframe... View More
Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More
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answered on Feb 22, 2024
In the context of an auto insurance claim in California, GAP (Guaranteed Asset Protection) insurance plays a specific role. It is designed to cover the "gap" between the amount owed on a vehicle loan or lease and the vehicle's actual cash value, which is what traditional auto... View More
Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More
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answered on Feb 6, 2024
In California, if your auto insurance refuses to pay for damages because a driver (in this case, your son) was excluded from the policy, GAP insurance typically does not cover the outstanding balance on the vehicle loan under these circumstances. GAP insurance is designed to cover the... View More
My son had an accident in my vehicle, it was his fault, and he is excluded from my policy, my auto insurance refused to take liability for the accident. Can I use the other party insurance to pay for my damages since my son was uninsured?
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answered on Feb 6, 2024
If I understand your question correctly, the answer is no. You can't make the other parties insurance pay for damage to your car if they were caused by your son, who was driving your car and excluded under your policy. The other parties uninsured motorist, which they pay for out of their... View More
My son had an accident in my vehicle, it was his fault, and he is excluded from my policy, my auto insurance refused to take liability for the accident. Can I use the other party insurance to pay for my damages since my son was uninsured?
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answered on Feb 22, 2024
In California, if your son was at fault in an accident and is excluded from your auto insurance policy, typically, your insurance would not cover the damages since he was explicitly excluded as a driver on your policy. This means your insurance company has already determined they will not accept... View More
Have an issues with my recently hired then fired attorney who has been such a huge pain in my situation…. Well they have deemed them selfs as my voice when deciding to settle my case with out even as much as notifying me. So I filed a complaint against them with the state board. But now I’m... View More
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answered on Jan 30, 2024
In California, an attorney is required to hold client funds in a trust account and cannot claim these funds for personal use. The period for holding these funds is not fixed and depends on the agreement between you and your attorney, and the nature of the legal matter. Your attorney must promptly... View More
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