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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Adam Stoddard
Adam Stoddard
answered on Jun 19, 2024

If you were served a summons then you will need to either file a demurrer, motion to strike, motion to quash summons, or answer to the Complaint. You have 30 days to respond in some manner, otherwise the other side can take a default judgment against you.

You should really hire an attorney...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Joel Gary Selik
Joel Gary Selik
answered on Jun 19, 2024

The initial pleading in a case can be critical. Whether to file an answer with affirmative defenses or a motion, and what type of motion can determine the outcome of the case.

What to do depends on many factors including the type of case, amount in issue, defenses and parties. Consult...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

James L. Arrasmith
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answered on Jun 19, 2024

I understand that receiving a summons can be stressful, especially if you're not sure how to respond. Here are some steps you can take:

1. Read the summons carefully to understand the details of the lawsuit, including who is suing you, the reason for the lawsuit, and the deadline for...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

All my colleagues gave you excellent responses, and helped outline your options. However, you have this posted under "Car Accidents." If you received a summons and complaint involving a car accident, your primary option could be to turn things over to your insurance carrier. One of the... View More

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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

Addendum - If what I describe matches your situation (being sued in an MVA), the attorney assigned by your insurance carrier will handle writing the answer or a motion. You won't need to worry about formulating a response if that's the case. Good luck

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1 Answer | Asked in Car Accidents for Georgia on
Q: I was in a car accident,Find a lawyer to take the case,But now I'm worried they not doing there job.Well it's been 2 yr

And I'm doing more calling and trying to find out about my case should I find another attorney to take my case I'm just getting a run around from them and insurance companies.

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

A Georgia attorney could advise best, but your question remains open for a week. Clients are free to change attorneys, and attorneys are free to withdraw from representing clients (with several exceptions). If you do change attorneys, it's possible your attorney could assert a lien for the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: How much could I potentially recover if a truck accident left me disabled in Georgia? Is anyone willing to help me?

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

A Georgia attorney could advise best, but you posted last week. You mention needing legal assistance. One option is for you to reach out to law firms to try to set up a free initial consult. In terms of your question of how much you could potentially recover, more information is needed about your... View More

1 Answer | Asked in Car Accidents, Child Support, Personal Injury and Family Law for Mississippi on
Q: How much will child support take out my personal injury settlement in Ms
Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 17, 2024

The answer is depends. First, how much are you getting in the settlement and how much do you owe in support. Based on the basic law in Mississippi, the DHS will want to recover as much as possible. If the child support lien can be fully satisfied while you still make any recovery, they will... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Personal injury claim settlement question. On the injury portion of my claim, insurer doesn't want to pay me one amount.

The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More

Michael W. Horst
Michael W. Horst
answered on Jun 15, 2024

If there is no lien, I have never heard of an insurance company insisting on paying the medical bills and the pain and suffering separately. In fact, one would think the insurance company would not want deal with the hassle of paying individual medical care providers. Simply issuing one check to... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Personal injury claim settlement question. On the injury portion of my claim, insurer doesn't want to pay me one amount.

The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

It sounds like State Farm would like to exercise control over the payment to medical providers. Their practice of doing things this way COULD be over concerns that some claimants might negotiate with medical providers to reduce their bills - and if a doctor feels shortchanged, they'd pursue... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 15, 2024

A client is free to discharge his attorney at anytime, but the attorney is entitled to file a cost lien for costs advanced and file a charging lien for work done (against any recovery that is obtained). Reach out to another Georgia attorney for possible representation if you want to discharge your... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

I'm sorry for your terrible injuries. You could discuss with attorneys, but as my colleague correctly states, you may be looking at a lien. Much more detail is needed to give any kind of meaningful assessment on your case. If you successfully obtained a disability decision, your case may have... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Insurance company state farm, is telling me I have to give them my social security number to settle my injury claim?

I have an injury claim with state farm, the at fault drivers insurance company and they are telling me that before they will settle my claim and pay me, that I have to give them my full social security number. Is this true and is this required by law if I'm not comfortable providing this... View More

Michael W. Horst
Michael W. Horst
answered on Jun 15, 2024

Yes, providing your social security number is typical. The reason that insurance companies ask for your social security number is they want to confirm whether Medicare/CMS paid any of your medical bills. If the answer is yes, Medicare/CMS has a lien which, if left unpaid, can result in the... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I am in Texas--my wife was sideswiped --their insurance says she is 50% responsible. Our camera indicates he is at fault

We have liability only. Camera is hanging on loosely bc of sun--so it is swinging--but you can see by the stripes of the street she is stationary. They say she moved into lane and also say the camera shows she is stopped partially in the other lane--I think that's just the positioning of... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

An insurance company does not make "rulings." Its position may be that your wife is 50% responsible, but that is not a "ruling." If the amount in controversy is less than $20,000, you can sue the other driver in small claims court to secure a court ruling allocating the... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I am in Texas--my wife was sideswiped --their insurance says she is 50% responsible. Our camera indicates he is at fault

We have liability only. Camera is hanging on loosely bc of sun--so it is swinging--but you can see by the stripes of the street she is stationary. They say she moved into lane and also say the camera shows she is stopped partially in the other lane--I think that's just the positioning of... View More

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

You may be able to do small claims, depending on the PD figure and the limit in Texas small claims. I hope your wife is okay. Since the claim does not appear to involve bodily injury, you could decide if the size of the property damage claim justifies having an expert look at the film to offer an... View More

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3 Answers | Asked in Car Accidents for Michigan on
Q: Does the value of a car before an accident matter in a mini tort lawsuit?

I am at fault, and did not have limited liability coverage. The driver I rear ended does not carry collision. He is suing me for the $3000 tort claim. His repairs are over $6000 but the car is only worth $1000 to $2000. Does this factor in at all?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2024

Based on your post, the value of the vehicle does not make difference as to the amount of your potential personal liability for his property damage. But you will have to prove that the fair market value of the claimant's vehicle at the time of the accident is such that this should be a total... View More

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3 Answers | Asked in Car Accidents for Michigan on
Q: Does the value of a car before an accident matter in a mini tort lawsuit?

I am at fault, and did not have limited liability coverage. The driver I rear ended does not carry collision. He is suing me for the $3000 tort claim. His repairs are over $6000 but the car is only worth $1000 to $2000. Does this factor in at all?

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2024

Until you are able to speak with a local attorney, the practice applied by property damage adjusters in most places is to set a cap on the repairs as a percentage of the vehicle value. After a certain percentage, the vehicle would usually be declared a total loss, to avoid the exact kind of... View More

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3 Answers | Asked in Car Accidents for Michigan on
Q: Does the value of a car before an accident matter in a mini tort lawsuit?

I am at fault, and did not have limited liability coverage. The driver I rear ended does not carry collision. He is suing me for the $3000 tort claim. His repairs are over $6000 but the car is only worth $1000 to $2000. Does this factor in at all?

Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

Michigan's auto insurance scheme is somewhat unique to Michigan. For purposes of mini tort, the value of the car makes no difference. What matters is the person's out-of-pocket costs, subject to the percentage of fault, and limited to $3,000. Commonly, mini-tort is used to compensate... View More

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1 Answer | Asked in Car Accidents for Arkansas on
Q: Do i have to go through a mechanic and have my car fixed to settle my insurance claim? Can I just get cash?

I was involved in a car accident that was not my fault and there where no injuries. There insurance company said I will not get any further settlement until my car is dismantled by a mechanic and then they will negotiate getting the car fixed with them. I don't want my car fixed or at least... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. Most insurance carriers don't care what you do with the check if it is for superficial damages that don't affect safety or roadworthiness. If your collision damages are extensive enough for the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Alabama on
Q: personal /property injury I was trapped in a car wash. I cannot find an attorney. How can I sue the company myself?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

An Alabama attorney could advise best, but your question remains open for a week. It could depend on how severe the incident was and its duration. One possibility with the attorneys who declined the case could be that they did not see serious liability on the part of the car wash, or that they did... View More

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