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1 Answer | Asked in Car Accidents for Wisconsin on
Q: I was in a car accident on 10/15/2024. The other person was at fault (stated by the reporting officers).

I've been waiting on the police report since then in order to start my insurance claim. To date, the officer still hasn't given me any police reports , and a month after the incident when I contacted him he stated that he never filed the report because he forgot . If the insurance company... View More

William  Pemberton
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answered on Dec 10, 2024

I’m sorry to hear about the challenges you’re facing—it’s a frustrating situation to be in. To address your question, you do not need a police report to pursue a claim against the at-fault driver. While a police report can be helpful, it is not the only way to prove what happened in the... View More

6 Answers | Asked in Personal Injury and Car Accidents for California on
Q: CA. Accident almost 2 years ago. Claim # for injury started. Does this need settled by 2 year if claim w/ insur started

Car accident December 2022. Property damage settled. Have claim number started with insurance company for injury, but it has been dragging out. We are now coming up on the two year mark. Does this have to be settled in California before the two year mark can settlement go past that timeframe. Have... View More

David W Gammill
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answered on Dec 10, 2024

You are approaching the two-year statute of limitations in California for filing a personal injury lawsuit. This means that if you don’t file a lawsuit before the two year anniversary, you could lose your legal right to pursue compensation for your injuries, even if settlement negotiations are... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 9, 2024

There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.

Stephen Bilkis
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answered on Dec 10, 2024

I'm sorry to hear about the difficult and confusing situation you are facing. In New York, it is generally permissible for government agencies, such as the Department of Social Services (DSS), to place a lien on a personal injury settlement to recover costs associated with providing services.... View More

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1 Answer | Asked in Car Accidents for Maryland on
Q: What recourse do I have against the police department not citing a person who ran a red light and collided with us?

A person ran a red light and t boned my family and I. On the police report, they stated he ran the red light, was at fault, but didn't give him a citation. They also said he wasn't distracted and was never tested for alcohol. What can I do to make my family whole? And have this man face justice?

Scott Scherr
Scott Scherr
answered on Dec 8, 2024

You and your family can make a claim against the other driver's insurance company for property damage and bodily injury. If any of you were injured, you should retain an attorney. All of your claims are against the other driver and not the police. The police cannot be sued for failing to issue... View More

1 Answer | Asked in Car Accidents on
Q: I came home, and There was a piece of paper in the slit of my door, which turned out to be a summons to appear in court.

my question is do I have to appear? Is this illegal summons, because it wasn’t served in person?

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2024

You could consult with an attorney in your jurisdiction to review the summons and accompanying paperwork, but your post remains open for two weeks. This appears to involve a car accident, based on your chosen category. If you were involved in a car accident and the information in the papers aligns... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: I got into a car accident and I was uninsured and at that time I was a minor. what should be my next steps?

I do have a police report and I am being held at fault since I was uninsured and a minor. The accident was a collision and everyone was okay and no ambulance was called. The other person insurance gave me a letter in the mail to talk about the claim/settlement and have left voicemails to the number... View More

Charles Candiano
Charles Candiano
answered on Dec 6, 2024

It is illegal to drive without insurance and I am not condoning it. That said, failure to have insurance has nothing to do with whether you are the at-fault driver. You provide no facts concerning the accident so I cannot tell you whether you were at fault. Assuming that you were at fault and... View More

1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: Can they come after my house, wages, savings and social security for the difference? How about husband's assets?

The wife was involved in an auto accident and hit a bicyclist in Florida. Bicyclist was injured. I have $100,000 insurance, but the bicyclist medical bills are over $200,000. Bicyclist has an attorney. Can they come after my house, wages, savings and social security for the difference? Can they... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Dec 2, 2024

I assume your insurance provider has contacted you and provided you with an attorney to deal with the plaintiff's lawyer. If not, contact your insurance company immediately. While the injured party's bills may technically be $200,000.00, often that is the "sticker" price rather... View More

1 Answer | Asked in Car Accidents and Wrongful Death for Oklahoma on
Q: Lady ran a stop sign that was obstructed by a tree limb, on an unfamiliar road, struck another car killing both passenge

Both passengers the stop sign running lady hit were pronounced on the scene. Is there enough for a jury to charge and convict the lady running the stop sign

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm very sorry for this terrible accident. This is something that an Oklahoma criminal defense attorney could advise meaningfully on. Bringing charges is generally up to a county district attorney's... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: Should I appeal a citation under 21-309(b) where I signalled to change lanes and a driver hit the side of my car?
Lee Eidelberg
Lee Eidelberg
answered on Nov 27, 2024

Your post presumes that you were found "guilty" and not granted a probation before judgment - which would avoid a 3 pt assessment. Filing an appeal results in additional time and expense, including an appeal fee and your (or an attorney's) reappearance before a Circuit Court judge.... View More

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I rear-ended a vehicle at 5 MPH that was sitting in the middle of the street with his car running and flashers on.

He claims he was hit by another vehicle that fled the scene and is now suing me for $150,000. My insurance is looking to settle the claim from my policy limits, but he didn't mention that another vehicle hit him before me. I also suspect he was uninsured that night. Can you stay in your car... View More

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

Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More

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2 Answers | Asked in Car Accidents for California on
Q: My brothers boss owes him $200,000 for an accident. My brother killed himself. Can I seek the money for his children?

He was in a motorcycle accident while working but his boss/friend didn’t have insurance at the time. He had a lawyer and was going to get paid a substantial sum but chose not to sign paperwork. His boss was getting a settlement himself and convinced my brother to not follow through so he... View More

William John Light
William John Light
answered on Nov 24, 2024

Your brother's personal injury claim has components for pain and suffering, and for economic losses. Once your brother passed, only the claim for economic losses remains (wage loss and medical expenses). His children can pursue those losses, but they likely aren't large enough to... View More

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3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

William John Light
William John Light
answered on Nov 23, 2024

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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1 Answer | Asked in Car Accidents for Arizona on
Q: If a driver has an at-fault auto accident causing damages/injuries, is a person with POA over that driver, liable?

We're trying to decide if it's time to take the keys from my 94-year-old father-in-law. His car has auto brake and notifies him if he wanders out of his lane. But, his mind is not the sharpest.

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. In general, a POA would give you authority to handle certain activities (banking, administration, etc.) for your father-in-law, as outlined in the POA. In most cases, that should not lead to liability. One would... View More

1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: My son and I were in a wreck earlier this year. We have a current case that’s trying to be resolved.

I was told his settlement will be held by the court since he’s a minor (4). Is there anyway around that?

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Nov 21, 2024

Great question. Alabama law provides several protections to minors in personal injury cases. First, the statute of limitations (time period in which we must file a case) for a minor does not run until the child reaches the age of majority (adulthood). That gives the minor time to make his or her... View More

1 Answer | Asked in Car Accidents for South Carolina on
Q: Car accident. Other ins had my car fixed w/o my knowledge and want me to accept car. If I do does that end my claim?

I have requested help through my ins but have not heard from them in over a week. Would like unbiased opinion. Other driver 100% at fault. Other ins has drug this out for almost 3 months now. Located in SC.

Roy Willey
Roy Willey
answered on Nov 20, 2024

In general, unless you sign a release document you are not ending your claim. However, you should consult with an experienced attorney about your particular case. Each case will be different based on its unique facts. Also keep in mind you have a limited time to bring a case in South Carolina if... View More

1 Answer | Asked in Car Accidents for Delaware on
Q: How long should you wait to get your check once the lawyer has already deposited it into his account?

Should they be allowed to come up saying oh Medicaid said you owe more money once a figure was already submitted?

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A Delaware attorney could advise best, but your question remains open for two weeks. It could depend on whether there are medical or other liens (you mention Medicaid). If your attorney has been dealing with them, they would know best. The liens are sometimes handled by third-party administrators,... View More

2 Answers | Asked in Car Accidents, Traffic Tickets and Insurance Defense for California on
Q: How much trouble am i in for falling asleep while diving, running a red light and causing a collision?

No one was hurt although the minivan spun several times it had to be towed away. It was a family on vacation and the minivan belongs to a rental company. I have no information from them and don't know what do I do? Also my car is a salvage title with no insurance and no registration but I do... View More

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

It could depend on how aggressively the other side's attorney and authorities want to press those issues. If the other side chooses to bring a case, it could depend on how it would be handled. Some plaintiff attorneys assess an accident case in a matter-of-fact approach, seeing it solely in... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Mississippi on
Q: I was broken up pretty bad in 2010 single car accident. I'm the only surviving victim. Numerous of chiropractic session

I had chiropractic sessions for 3 years n returned to work now I'm 39 n all I do is cramp alot because of the severe cold weather I work in. I don't know if it's arthritis or multiple scrirosis which runs in my my family but atm goes dead numb alot

Tim Akpinar
Tim Akpinar
answered on Nov 14, 2024

A Mississippi attorney could advise best, but your question remains open for a week. I'm sorry about your accident. You could reach out to local attorneys to see if they could help you review the matter. But unfortunately, since this happened 14 years ago, that timeline probably closes a lot... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Personal injury in car accident

Hello,

I was recently rear ended by someone on july 5th and I have hired a personal lawyer since then to represent me.

They have assigned me to a chiropractor and a pain management company who performed several MRI tests on me and will be doing a study soon.

Concern:... View More

Robert P. Taylor
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answered on Nov 11, 2024

Lost earning capacity usually relates to a permanent injury that prevents you from engaging in employment or similar employment. If you're off work or can't work for a few weeks because of an injury, that's not generally considered lost earning capacity. Now I don't know your... View More

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