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Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Florida on
Q: My husband was recently in an accident with a brinks truck . We live in Florida , but the accident happened in Houston

Our insurance company wants to have us sign papers to release the title for the vehicle . It is being totaled . The accident was not his fault , and the company’s insurance hasn’t claimed fault for it . I don’t feel like our insurance company should get hit with this , also Lexis nexus is... Read more »

Kent Higgins
Kent Higgins answered on Apr 8, 2020

Fortunately, you have insurance and one benefit of insurance is the assistance you receive in an incident like this. Your insurance company can deal with the insurance for the Brinks truck though inter-agency arbitration. But in the meantime, if your insurance will fairly cover your loss, you can... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Is it true I can be held accountable partially for failing to recognize danger if I didn’t see a car coming my way?

Insurance company told me I’m partially at fault because I didn’t see a car coming toward me. The other car failed to yield right of way stop sign causing me to strike them.

Jessica McKinney
Jessica McKinney answered on Apr 8, 2020

Unfortunately, this happens quite a bit. Insurance companies try to minimize their exposure by partially blaming all parties involved. You can certainly fight their position with the help of witnesses, photos, or near by cameras. I suggest chatting with a PI attorney about your case to go over all... Read more »

3 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 8, 2020

Because that is how it works until you settle with the insurer for the at-fault party. That insurer has no obligation to pay you anything until you settle or take them to court. This is why PIP exists, so you can get medical care and lost income while you wait to be able to settle with the other... Read more »

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1 Answer | Asked in Car Accidents for Ohio on
Q: Can I file a lawsuit against the city of Cleveland for negligence in a car accident leaving my vehicle totalled?

My vehicle was totalled when another driver crossed the median.

I can obtain a police report.

The other driver didn't show any Drivers License and their car was uninsured. the other vehicle did not have any plates/tags.

The other driver claimed to have been a mechanic taking... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

An Ohio attorney could advise best, but you await a response for a week, and you may need to get moving in filing notices of claim with your insurance carrier if you are able to take that route. It does not look like you have a basis for an action against the City of Cleveland, unless it was a... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Probate for Florida on
Q: My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though?

My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though? They weren’t able to reach him because number had changed. I have power of attorney over father since dx of Alzheimer’s. What should I know?

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Apr 6, 2020

That’s a complex question. Was there a law suit filed? Is your mom still alive? Do you live in Florida? You need to consult with an experienced probate and a personal injury attorney quickly. Get all the paper work together, police report, insurance information etc.

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1 Answer | Asked in Car Accidents on
Q: I was involved did a hit and run. The damage wasn't bad and no once was injured. Will I just a fine or

Was a parked car

Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

It would depend on the state. Fines/penalties are defined by applicable state's laws. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability, Car Accidents and Small Claims for Ohio on
Q: I need to know if I have a chance, or if I should just pay her what she is asking.

An ex-gf of mine is trying to sue my in small court for around 2,000 dollars for damage of her car. When we were together I was driving her car and backed into a pole. She said it was fine. I messaged her telling her I was sorry, I’d help her with it, and all of that, which she has messages... Read more »

Matthew Williams
Matthew Williams answered on Apr 5, 2020

Since she had and didn’t use insurance, she has failed to mitigate her damages and could should have some trouble if you argue that in court. From a practical stand point, is $1500 a fair estimate of the damage? Can you afford it reasonably easily? Because it’s probably both the right thing to... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: How long will the license be revoked?

Property damage only

Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

Licenses are not generally revoked as an ordinary consequence of being involved in a motor vehicle accident. Your question remains open for three weeks, and you might need to respond/take action where time is of the essence. If you are under threat of license revocation, you could contact a... Read more »

3 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Indiana on
Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

Charles Candiano
Charles Candiano answered on Apr 5, 2020

if you were trying to handle this on your own, you are in trouble. these two, entirely separate and distinct actions: 1.) you have a Worker's Compensation which is a Board member of the Indiana Workers' Compensation Board; and 2.) you have a traditional lawsuit in the Circuit Court for the... Read more »

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6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My truck was hit by someone being pursued by the police. the police admitted that they didn't have the sirens on.

The suspect ran the red light at a high rate of speed and T boned me.

Later the police asked me to sign something at the hospital..(idk what it said.) It was then they admitted to having no sirens on b/c they were trying to catch up to him. The vehicle was stolen, and I had no uninsured... Read more »

William John Light
William John Light answered on Apr 4, 2020

California Vehicle Code Section 17004.7 provides that a public agency employing peace officers is immune from civil liability for damages for personal injury to or death of any person resulting from collision of a vehicle operated by a suspect who is being or has been pursued by a peace office... Read more »

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1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this point, you... Read more »

1 Answer | Asked in Contracts and Car Accidents on
Q: Can a car company be in trouble for releasing you information to someone not on a lease

I'm asking because my brother in law received a call from my car company he isn't not a contact on my lease has nothing to do with my car. They told him my personal information that I was behind on payments. Would they be in trouble for tell my personal business

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2020

Yes, it is a violation of several different laws to do what you have described.

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Oklahoma on
Q: Does the insurance have to total a vehicle if the repair costs surpass the Total Loss Threshold? Asking in Oklahoma.

The Total Loss Threshold is 60% in Oklahoma, the repair costs are currently around $25,000, the vehicle's value is around $37,000-$39,000.

Would they legally have to total it since it is over 60%?

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

This is really a question for an Oklahoma attorney, but your post remains open for four weeks. As a general matter without regard to any state-specific considerations, this issue comes up regularly in total loss determinations. Different states may use different thresholds. But where provided for... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: What happens when you get sued but don't have the money to pay and you can't afford a lawyer?

My bf was involved in an accident in September. It was his fault, and his insurance paid for the new car. The driver's family is trying to sue him for 100 grand citing that the driver is an wheelchair. At the accident the other driver was fine,he called off the police, and tried to leave the scene.... Read more »

Jessica McKinney
Jessica McKinney answered on Apr 2, 2020

You boyfriend's insurance company is obligated to defend him as long as he had an active policy at the time of the crash and that he is cooperating with them. They will provide a defense attorney and pay for any settlement or judgement up to the limit of his policy. Anything in excess of that, may... Read more »

1 Answer | Asked in Car Accidents for South Dakota on
Q: I recently got into an accident with another car trying to switch lanes at an intersection. The cop wrote me citation

For Improper lane change (m2) but with a $0.00 charge but with the fact that I have to show up in court. Do I have to be worried about time in jail or a misdemeanor? I was checking my lanes and didn’t see the other car anywhere before trying to switch lanes.

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

A South Dakota attorney would be able to respond in the best manner. As a general matter in virtually all jurisdictions, minor traffic violations are not treated as criminal offenses. If you haven't already by now, see if a South Dakota traffic ticket attorney would offer you a free initial consult... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I rear ended a guy and my insurance company had dropped me. He wants to settle out of court for $8k or go to court
Tim Akpinar
Tim Akpinar answered on Mar 31, 2020

You'll need to speak with a Texas attorney for the best guidance here, but you await an answer for three weeks and the other side may be asking you if you made up your mind. You may first want to check if your insurance policy was in effect at the time of the accident, even though it sounds like... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I was placed at fault in an accident. Driver has no license, and even admitted fault in a text message weeks later.

I was in a bicycle accident recently involving a car who ran a red light, hitting me on my side and sending me to the emergency room. The police placed ME at fault. This guy had no license, and just recently texted me admitting fault.. Weeks later after the police had already filed their report.... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 31, 2020

It’s going to depend on the substance of his text and what the witness has to say. As a cyclist myself I empathize with you. I’m willing to discuss it with you on a call tomorrow. 888-343-4529.?

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2 Answers | Asked in Car Accidents and Small Claims for California on
Q: Is this Illegal??

My ex pony friend and I were together for 7 years and have a 4 tour old together. 3 months into the breakup j had crashed into a pole and CHP hauled away my car that’s in his name away with my belongings. My ex got it out that day and isn’t returning it. He kept my purse, ID,cash, new laptop,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

more info needed.

though car in his name, was it given to you? did you register? did you insure it?

i assume his position is that he just let you use it but did not gift it to you.

who pays registration and insurance and repair costs?

he lied but that is not illegal,...
Read more »

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1 Answer | Asked in Car Accidents for Missouri on
Q: I was in a car accident on 2/20. Guy pulled out in front of me and totaled my car.

Some minor injuries. Since I am diabetic, I went ahead and went to the eye doctor for my black eye and the doctor for my sore arm. His insurance is wanting to settle for $3,500 and $10,000 medical coverage for 180 days. Should I settle with this? It doesn't like that should be all. Please... Read more »

Michael S. Foster
Michael S. Foster answered on Mar 31, 2020

You need to have a free consultation with a lawyer to discuss your matter. Please find a lawyer who specializes in personal injury and discuss this matte.r

1 Answer | Asked in Car Accidents for South Carolina on
Q: I was In a car accident should I sue the other person insurance even if my damage is minimal

In the car was my children and my younger siblings. A total of 5 in my car the other driver was at fault

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If you your family were hurt, you need to at least get a consultation. I suggest you contact attorney Carl Jacobson in Charleston, an attorney of great experience who gives free consultations. Tell him I suggested you call. Don't give any statements or talk about where you hurt to any company until... Read more »

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