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Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

James L. Arrasmith
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answered on Mar 14, 2024

In the event of a single-vehicle accident where the policyholder crashes into a tree and dies due to a medical emergency, the insurance company's payment would depend on the specific coverage included in the policyholder's insurance policy. Here's what a typical insurance company... View More

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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1 Answer | Asked in Car Accidents for California on
Q: Driver hit me and gave the officer invalid auto insurance information. Can the officer be held liable?

I got hit by a car in a crosswalk. He gave the officer invalid auto insurance info so now I can’t receive treatments and it complicates everything in my life right now.

James L. Arrasmith
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answered on Mar 13, 2024

In California, law enforcement officers are generally not liable for the actions of a third party, such as a driver who provides invalid insurance information. The officer's primary role is to investigate the accident, collect information from the involved parties, and create an accident... View More

1 Answer | Asked in Car Accidents for Texas on
Q: I recently bought a car and hour later I was tboned. I hadn't had time to put the title in my name yet. I have the titl

E and bill of sale. The former owner is filed and insurance claim stating she deserved the money even though she sold the car to me before the accident. Is she right can she do that or is this insurance fraud.

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because the car was sold to you before the accident, it is unlikely that the former owner's insurance company will honor her claim.

Your insurance company should honor your claim if you timely register the vehicle in your name (you have thirty days) and timely notified your insurance...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: I had citation # TA-21-707(a). I couldn't stop at a red light because it was raining and the asphalt was wet, and as a

My car is SEMI TRUCK. commercial vehicle. Driver licenses located VA. Accident location MD HARFORD COUNTY

Scott Scherr
Scott Scherr
answered on Mar 10, 2024

You should request a trial and not a waiver hearing and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. If you are convicted, the judge can offer probation before judgment which avoids the points. Note that a PBJ counts... View More

2 Answers | Asked in Employment Law, Traffic Tickets, Business Law and Car Accidents on
Q: Where I work I'm asked to drive trucks not maintained to legal standards. Legally would I be liable, or the business?

Specifically I'm asking in the case of being pulled over, or in the case of an accident due to the truck's maintenance issues, The issues mostly include non functional brake and reverse lights (especially on trailers). I do like my job, and wouldn't have many personal reservations... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

A North Carolina attorney could advise best, but your question remains open for a week. I hope you do not experience an accident, but in the event of one, claimants would usually name owners and operators. In terms of equipment, investigators would generally scrutinize maintenance records if they... View More

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2 Answers | Asked in Employment Law, Traffic Tickets, Business Law and Car Accidents on
Q: Where I work I'm asked to drive trucks not maintained to legal standards. Legally would I be liable, or the business?

Specifically I'm asking in the case of being pulled over, or in the case of an accident due to the truck's maintenance issues, The issues mostly include non functional brake and reverse lights (especially on trailers). I do like my job, and wouldn't have many personal reservations... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

Addendum - I addressed a few basic accident-related issues in my response five minutes ago. There are also employment law-related attributes to your question that the employment law attorneys here would be able to offer better insight on, such as doctrines like vicarious liability, where the... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: Which driver would have been ticketed via a highway median cross-over for failure to yield the right-of-way?

Driver Two crashes into Driver One within a highway median cross-over. Driver One - stopped on the east side of the road before the median cross-over until two Northbound highway lanes and the median cross-over left turn lane (marked) into the median cross-over were clear. Driver One got to the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2024

Who would be ticketed is entirely within the discretion of the law enforcement officer(s) after the officer(s) speak to those on scene and review the situation. The officer(s) may or may not get it right - and that's why traffic tickets can be contested in traffic court. That's a... View More

2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Mandatory dismissal - pursuant to California sections CCP 583.210 and 583.250.

Let say if the plaintiff filed a complaint against the defendant on 1/2/2021 and was never served the defendant as of 1/3/2024. Does the court automatically dismiss the case filed by the plaintiff or it’s something the defendant needs to ask the court to dismiss the case since 3 years has... View More

James L. Arrasmith
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answered on Mar 7, 2024

In California, under Code of Civil Procedure (CCP) sections 583.210 and 583.250, if the defendant is not served with the summons and complaint within three years of the filing of the complaint, the court must dismiss the action as to that defendant. This is known as mandatory dismissal.

In...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: hit from behind spun 3 times and ended up nose to nose other car was on fire then ours chp wrote wrong info on report

how do i contest the report? it will change the outcome drastically

James L. Arrasmith
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answered on Mar 6, 2024

In California, if you believe the CHP (California Highway Patrol) officer's report contains incorrect information that could significantly impact the outcome of your case, you have several options to contest or correct the report:

1. Request an amendment or correction to the report:...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: hit from behind spun 3 times and ended up nose to nose other car was on fire then ours chp wrote wrong info on report

how do i contest the report? it will change the outcome drastically

William John Light
William John Light
answered on Mar 6, 2024

You can write your correction to the CHP and ask that it correct, amend or supplement the report. You can gather your own witness statements and submit them to CHP and/or to the other insurer. You can simply get your car fixed through your own insurance and let it deal with trying to collect from... View More

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3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
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answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

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1 Answer | Asked in Personal Injury and Car Accidents on
Q: What's the UMI claim I should fill out after a car accident?

What's the Underinsured claim I should use towards my insurance company because the lady who hit into me didn't have enough insurance?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

That's a coverage provision that should be outlined in your insurance policy - underinsured motorist coverage for inadequate insurance (what you describe), or uninsured (defendant having no insurance). You could try to line up a free initial consult with an attorney to review the... View More

2 Answers | Asked in Car Accidents for Ohio on
Q: When in a parking lot with arrows (McD) if you ignore them and hit a car can you be at fault ? Even if you get T-Boned
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 4, 2024

Can you be at fault? Yes you can , however not enough informaation is provided in yoour post to give a more informed reply. I suggest that if you are injured and/or have damages, then you contact an accident/injury lawyer in your area to specifically discuss your matter----most attorneys who... View More

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How much money from $27000 settlement is paid to a lawyer with a 60% contingency fee for 3 clients?

The money was split $10500, $10000 and $7000 but my lawyer is charging each of us 50% of each split.

Something sounds off to me and does not seem like the 60% contingency fee stated in our contract.

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, contingency fees are a common arrangement in legal cases, particularly in personal injury lawsuits. A contingency fee agreement means that the lawyer's fee is contingent upon winning the case or settling out of court. If the agreement specifies a 60% contingency fee, this... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it...
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
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answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

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