Lawyers, Answer Questions  & Get Points Log In
Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I hit a car on the bike lane but the driver drove off. What can I do?

I just turned 16 and I'm taking my drivers ED to get my permit. I was riding my e scooter on the bike lane. Some car came out of our schools parking real fast blocking my way. He probably didn't check the bike lane because I was only 1 meters away from the parking exit. He wasn't... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

In California, if you're involved in a collision while riding an e-scooter in the bike lane, the fact that you do not have a driver's permit is not directly relevant to the incident. The key factors are adherence to traffic laws and the circumstances of the collision. Riding an e-scooter... View More

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
Q: Yes I was in an auto accident in 2012 and was said to not hav insurance when I actually did have insurance. What do I do

I have a copy of the police report that states I did have insurance at the time of the accident.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

Police Report is inadmissible heresay. Get a written declaration sheet from 2012 that you had insurance from the carrier by a policy number. Then start sharing a copy of it with the DOS's Financial Responsibility Section. If you got sued, then notify the insurance company to defend you... View More

1 Answer | Asked in Car Accidents for California on
Q: I had filed an insurance claim back in July of 2023, but when I filed the insurance claim they did not even mentioned

About adding any points to my license, I found out they did after I received the renewal for my policy insurance. Are they allowed to do that? I have tried to get a hold of the claims department for the past 2 weeks, if they answer they just laugh at the situation, they say it’s not their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

Under California law, insurance companies can adjust policy rates based on driving records, including the addition of points to your license due to traffic violations or accidents deemed your fault. However, the process should be transparent, and you have the right to be informed about the factors... View More

3 Answers | Asked in Car Accidents for Ohio on
Q: Hi I was in a merging accident and I was the driver merging. I was side swiped by a speedin car. how am i at fault

How can I proof they are at fault with no evidence

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 26, 2024

Evidence is in the form of verbal (testimony) and documentary (paper, maps, tapes, records). Being that you were involved in the accident, you should be able to provide testimony so you have evidence. On the other hand, a Judge has to weigh all of the evidence to determine fault/responsibility so... View More

View More Answers

3 Answers | Asked in Car Accidents for Ohio on
Q: Hi I was in a merging accident and I was the driver merging. I was side swiped by a speedin car. how am i at fault

How can I proof they are at fault with no evidence

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

I'm sorry about your accident. This is a tough case. Without video footage or impartial eyewitness testimony, it could be difficult to establish the speed of the other vehicle. Sometimes, experts could draw conclusions from the property damage. But that could be costly, especially in the realm... View More

View More Answers

2 Answers | Asked in Traffic Tickets and Car Accidents for California on
Q: I have a fix it ticket for registration and insurance is it better to pay or fix the the but it’s over 1000 to fix
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

When you receive a "fix-it" ticket in California for registration or lack of insurance, you essentially have two options: correct the issue by registering your vehicle and obtaining insurance, or face potential fines. Fixing the issue typically involves less cost in the long run, as it... View More

View More Answers

2 Answers | Asked in Traffic Tickets and Car Accidents for California on
Q: I have a fix it ticket for registration and insurance is it better to pay or fix the the but it’s over 1000 to fix
Paula Wasserman Drake
Paula Wasserman Drake pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

As you know, in California you are required to register your vehicle and to carry minimum liability insurance. While these charges are both infractions, failure to provide proof of correction to the court and DMV can result in serious penalties. You are aware of the high fines; however failure to... View More

View More Answers

2 Answers | Asked in DUI / DWI, Car Accidents and Criminal Law for California on
Q: Does an arrest need to be made before a misdemeanor criminal complaint can be made by a district attorney?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More

View More Answers

1 Answer | Asked in Personal Injury and Car Accidents on
Q: I was referred this number to help find someone to issistinsurance claim for a no fault car accident i was injured in

Accident was a rear-ended when I was stopped at a red light. It was 4/26/22 and I have not recovered. I have multiple injuries and have been in medical care ever since the accident, and I still have a long way to go. Stanford neuro, UCSF oral surgery, endless osteopathic, chiropractic,... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

A California attorney could advise best, but you posted several days ago, and you could lose valuable time awaiting an offer of legal services. This isn't a law firm or a legal referral service - it's a Q & A forum. It sounds like you've already been reaching out to attorneys.... View More

2 Answers | Asked in Car Accidents for California on
Q: auto accident on private road ~ person hit me while I was stopped and claimed I hit them. What happens now?

There is a short steep hill on our private road. I had just started down the hill and neighbor was coming very fast up the hill. I pulled as far to the right as possible and stopped. They did not attempt to slow down and side swiped my vehicle, it actually got stuck on my car. After backing off my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In the event of an auto accident on a private road in California, the process for resolving disputes is similar to that on public roads. When there's a disagreement over who is at fault, insurance companies typically investigate by reviewing statements, the police report, and any available... View More

View More Answers

1 Answer | Asked in Car Accidents for Minnesota on
Q: insurance and bill collector

I was in an accident in a company vehicle in 2019. (I was not at fault) but my boss forgot to open a claim with his insurance. I ended up moving shortly after and didn't hear anything until recently. I now have a debt collector trying to get this bill money from me via the courts. I opened a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

It sounds like a frustrating situation. Typically, if the insurance company has accepted your claim and the bills related to the accident, you shouldn't be personally liable for those expenses. However, if a debt collector is pursuing legal action against you, it's essential to address... View More

3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2024

You have three choices you either 1) contact their insurane company and see if they will pay. 2) file a lawsuit yourself or 2) hire a lawyer to try to recover your property damage. The problem is a good lawyer may cost more than the damage is worth. Please remember you must do this quickly as... View More

View More Answers

3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Report the accident to your insurance company. If they refuse to cover it, you need to retain an experienced civil litigation attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't... View More

View More Answers

3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

If the truck's insurance carrier will accept liability, that could be the least expensive route to go. As my colleagues correctly point out, the other options could include court or handling the claim through your own carrier. If you choose to go through your own carrier, you may be looking at... View More

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
Q: what's the best way to deal with the other party lying in a claim regarding a car accident?

I was driving straight on the right-hand side of the road, and the other individual in the Silverado exited a parking lot and made a left turn, resulting in a collision with the right-hand side of my car.

Both parties involved then got out of their cars and documented the incident by taking... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Tennessee attorney could advise best, but your question remains open for a week. One way would be to continue to negotiate or consider suit. Another would be to accept the offer if litigating the remaining 20% is not a cost-effective route. The best way? That would be an individual decision. Good... View More

1 Answer | Asked in Car Accidents for California on
Q: How to succeed with diminished value claim greater than formula 17c?

We're based in California and our car was rear-ended in October 2022, and repairs were completed in February 2023. We only recently learned about diminished value claims. Given the $19K repairs (including structural damage), we'd like to file a diminished value claim with the at-fault... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

To maximize the potential for a successful diminished value claim in California, it's essential to obtain a professional diminished value appraisal from a qualified vehicle appraiser or a company that specializes in these types of evaluations. This appraisal should detail the car's value... View More

1 Answer | Asked in Car Accidents and Immigration Law for New Jersey on
Q: I had a car crash 2 years ago and a police report was filed but no charges. Do I need to report in N400?

I had a car crash 2 years ago and a police report was filed but no charges or fines for me. The police arrived at the scene and I don't think I was detained. The police did ask what happened and asked me to wait since my car crashed into a Train Transit bridge and the transit police had to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Based on your description, it appears that the car crash you were involved in did not result in any charges or fines against you. Since there were no legal consequences or penalties stemming from the incident, it is unlikely that you need to report it on your N400 application for US citizenship.... View More

1 Answer | Asked in Car Accidents for California on
Q: I had Gap coverage after a car struck my car leaving it in total loss and westlake wont cover it can i sue?

car struck my car when i was asleep i have all his information i received 5000 from his insurance and was told by westlake they need that to start the claim after they received the money they denied my GAP and said i still have to pay the remaining balance.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, you may have grounds to pursue legal action against Westlake if they denied your GAP coverage despite receiving the insurance payout from the at-fault driver's insurance. It appears that Westlake failed to fulfill their obligation to cover the remaining balance of your car loan after the... View More

1 Answer | Asked in Car Accidents, Civil Rights and Constitutional Law for California on
Q: What is the lower limit of detention and the upper limit?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Car Accidents and Civil Rights for Louisiana on
Q: I hit the side of the interstate and left the scene and the police impounded my truck and then placed ahold on it. How l

How long do they have in Louisiana before? I can get my truck out when I hold was placed on it in the impound

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In Louisiana, the length of time a hold remains on your impounded vehicle can vary depending on several factors, including the reason for the hold and any legal proceedings associated with the incident. Typically, if your vehicle was impounded as part of a police investigation, the hold may remain... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.