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California Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for California on
Q: Auto policy reads under my MEDPAY benefits: We will seek reimbursement regardless of whether the insured is made whole

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

James L. Arrasmith
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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

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2 Answers | Asked in Car Accidents and Government Contracts for California on
Q: Am I required to take the offer CA made for CHp crashing my parked car i'd bot for mom Newyearseve. Dont they have 2 fix

If they wont replace y won't they fix?

James L. Arrasmith
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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

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

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

James L. Arrasmith
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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

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

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

T. Augustus Claus
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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

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2 Answers | Asked in Car Accidents for California on
Q: Can I use the other party insurance to pay for uninsured driver if the fault was my son's and he is not covered

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?

James L. Arrasmith
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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

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2 Answers | Asked in Car Accidents for California on
Q: Can I use the other party insurance to pay for uninsured driver if the fault was my son's and he is not covered

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?

Robert P. Taylor
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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

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2 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: How long must an attorney hold money in a trust brokerage account before they can just claim it them selfs

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

James L. Arrasmith
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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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2 Answers | Asked in Car Accidents, Civil Litigation, Criminal Law and Personal Injury for California on
Q: Hi, After a road rage incident, my wife was followed into our garage. I posted the plate, and the owner lives here.

I posted it in the private building forum. He followed her out of the garage and into a business.

James L. Arrasmith
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answered on Jan 29, 2024

In California, the actions you've described could potentially constitute stalking or harassment. California law defines stalking as someone repeatedly following, harassing, and threatening another person to the point where that person fears for their safety or the safety of their family.... View More

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5 Answers | Asked in Car Accidents for California on
Q: car was stolen and in a accident but police are saying ,driver picked me in a lineup, i was with girlfriend sleeping

cop said the keys were not left in vehicle and said if it was stolen they would of left them…..??? he’s tryin to say i can’t report stolen cause accident and trying to accuse me of hit n run but i was never there and have a alibi

James L. Arrasmith
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answered on Jan 26, 2024

In California, if you're accused of a crime like hit-and-run but have an alibi, it's crucial to gather evidence supporting your whereabouts at the time of the incident. Your girlfriend can serve as a key witness, and additional evidence like phone records or surveillance footage can... View More

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5 Answers | Asked in Car Accidents for California on
Q: car was stolen and in a accident but police are saying ,driver picked me in a lineup, i was with girlfriend sleeping

cop said the keys were not left in vehicle and said if it was stolen they would of left them…..??? he’s tryin to say i can’t report stolen cause accident and trying to accuse me of hit n run but i was never there and have a alibi

T. Augustus Claus
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answered on Jan 26, 2024

It seems like you're facing a challenging situation where you're being accused of a hit-and-run involving a stolen vehicle, despite having an alibi. In this case, it's crucial to understand the legal process that may unfold. The police may conduct an investigation based on the... View More

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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
T. Augustus Claus
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answered on Jan 29, 2024

If you're being sued for an auto accident in California and you believe the claims against you are false, it's crucial to take specific steps to protect yourself legally. First and foremost, inform your insurance company about the lawsuit immediately.

They are typically obligated...
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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
James L. Arrasmith
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answered on Jan 26, 2024

If you are being sued from an auto accident in California and believe the claims against you are false, it's important to take immediate action. First, inform your auto insurance company about the lawsuit, as they are typically involved in defending against such claims under your policy. They... View More

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: January 10, I was driving on the main road when a semi-truck that was exiting a parking lot t-boned my right back door

where my 1 year old daughter was sitting. We weren’t injured but we’re seeing a chiropractor tomorrow to be sure. My car was deemed totaled and the other party’s insurance is offering less than what I still owe on the car. I have gap insurance to cover the difference but I don’t think... View More

James L. Arrasmith
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answered on Jan 25, 2024

In California, when you're involved in a car accident that wasn't your fault and your vehicle is totaled, the at-fault party's insurance should compensate you for the fair market value of your car. This amount is what your car was worth just before the accident. However, it's... View More

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: January 10, I was driving on the main road when a semi-truck that was exiting a parking lot t-boned my right back door

where my 1 year old daughter was sitting. We weren’t injured but we’re seeing a chiropractor tomorrow to be sure. My car was deemed totaled and the other party’s insurance is offering less than what I still owe on the car. I have gap insurance to cover the difference but I don’t think... View More

Joseph L. Benson II
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Joseph L. Benson II
answered on Feb 1, 2024

It's completely understandable that you feel it's not fair to be left without a car when the accident wasn't your fault. In such cases, you have rights to seek compensation for your losses, including damage to your vehicle.

It's a good move to see a chiropractor to...
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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: January 10, I was driving on the main road when a semi-truck that was exiting a parking lot t-boned my right back door

where my 1 year old daughter was sitting. We weren’t injured but we’re seeing a chiropractor tomorrow to be sure. My car was deemed totaled and the other party’s insurance is offering less than what I still owe on the car. I have gap insurance to cover the difference but I don’t think... View More

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

You can hire a certified auto appraiser to dispute the valuation of the insurance company if you think the offer is below market value.

If your certified appraisal doesn't move the insurer, you can sue in Small Claims Court for up to $10k for your property damage. Your suit would be...
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3 Answers | Asked in Car Accidents for California on
Q: Was in an accident, lady said to say my mom was who hit them so insurance doesn’t go up but now she is trying to sue.

Just a minor accident, I am unsure on what to do.

Robert P. Taylor
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answered on Jan 22, 2024

Did you have insurance? If so, you need to contact your insurance company and provide them with a copy of the complaint or whatever paperwork you received. They have a duty to defend you and you have a duty to keep them informed and up to date.

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3 Answers | Asked in Car Accidents for California on
Q: Was in an accident, lady said to say my mom was who hit them so insurance doesn’t go up but now she is trying to sue.

Just a minor accident, I am unsure on what to do.

James L. Arrasmith
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answered on Jan 22, 2024

In this situation, it's important to handle the matter with honesty and according to legal protocols. Misrepresenting facts in an insurance claim, such as stating that someone else was driving when they were not, can constitute insurance fraud, which is a serious offense in California.... View More

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was taking my stepson to school. We got rear ended. My wife & I are separated now. Should I file separate ins. claim?

The police report says the other driver was at fault. We were examined at hospital same day. I needed several months of therapy and missed 3 months of work due to my injuries. My stepson experienced periodcal headaches but did not need further medical treatment.

Since the accident my... View More

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, in the event of a car accident where you and your stepson were injured, you both may have individual claims for your respective injuries and losses. Given that you are both affected parties, separate claims can be filed to ensure that each party's damages are adequately... View More

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was taking my stepson to school. We got rear ended. My wife & I are separated now. Should I file separate ins. claim?

The police report says the other driver was at fault. We were examined at hospital same day. I needed several months of therapy and missed 3 months of work due to my injuries. My stepson experienced periodcal headaches but did not need further medical treatment.

Since the accident my... View More

William John Light
William John Light
answered on Jan 18, 2024

Your stepson and you both have claims. Each of you will be able to recover from the defendant's insurer for your damages, up to the limit of the defendant's per person personal injury limits. There should not be a conflict between you and your stepson because you will not be competing... View More

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was taking my stepson to school. We got rear ended. My wife & I are separated now. Should I file separate ins. claim?

The police report says the other driver was at fault. We were examined at hospital same day. I needed several months of therapy and missed 3 months of work due to my injuries. My stepson experienced periodcal headaches but did not need further medical treatment.

Since the accident my... View More

T. Augustus Claus
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answered on Jan 22, 2024

Since the police report indicates the other driver was at fault and you and your stepson sought medical attention immediately after the accident, you have a basis for a personal injury claim. Given the circumstances, it may be advisable to file a joint insurance claim, providing comprehensive... View More

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