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California Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for California on
Q: My car was parked in the assigned spot of my apartment complex when it was struck by a large industrial garbage bin that

Was being dragged by a golf cart, toppled over and hit my front bumper. I don’t have insurance yet because I bought the car less than a month ago and have not had time to get my California license since I’m from out of state. I contacted the apartment management and explained what happened.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 13, 2021

initially, i would advise anyone buying a car, to have the insurance in place BEFORE taking possession.

get your license and insurance NOW.

otherwise, just show the damage and provide them an estimate from a body shop.

can you prove who did it? did you see it happen?

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2 Answers | Asked in Car Accidents for California on
Q: Usaa won’t give me access to an agent of service to serve them for small claims ?

I need this to serve them for court

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

You can research their agents on the Secretary of state website, search for the corporation, the agent should be listed. Or serve the office where your agent works, substituted service. Why are you suing the insurance company in the first place? if this is a car accident you sue the owner and... Read more »

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1 Answer | Asked in Car Accidents for California on
Q: Can I send small claims notice to the offender of car accident when she has hired an attorney? Her attorney says, I cant

Police report and my insurance put other party at 100% fault while her insurance considers me at 75% fault. Since I had basic insurance, I'm losing over 6K. She hired an attorney and that probably helped her with her insurance however when I sent her letter with my demand, her lawyer sent me a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 31, 2021

MORE INFO NEEDED.

A LAWYER CAN'T COMMUNICATE WITH THE OTHER PARTY WHEN THERE IS AN ATTORNEY INVOLVED.........BUT YOU ARE NOT A LAWYER.

WHEN YOU SAY YOU DIDN'T HAVE FULL COVERAGE DOES THAT MEAN JUST PD?

A POLICE REPORT IS NOT THE LAST WORD BUT IS RATHER INDICATIVE...
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1 Answer | Asked in Car Accidents for California on
Q: Can I sue another driver in small claims court for 50% of my deductible if subrogation unfairly found us 50/50 at fault?

The police report sided with me; the officer on-scene stated that the other driver struck my car's driver's side door with his car's front bumper due to his making an unsafe left turn in a mall parking lot. The officer also stated in his report that the other driver admitted that he... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 28, 2021

was it a binding arbitration where both of you agreed to live with the ruling?

a lawyer would want to have read the papers you signed re arbitration..........

did you do this with a lawyer? if so would s/he file an appeal?

you can always sue in small claims court for up to...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: been sued by insurance company for over 107,000$ I was involved in car accident with motorcycle I didn’t had insurance

They put it at my fault because i was turning to the left when out of saddens a motorcycle hit my rear passenger side door but there was no damage in the motorcycle and the guy walking normal now I don’t have that much money what should I do what’s my opinions if anyone can help let me know... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 23, 2021

MUCH MORE INFO IS NEEDED.

HOWEVER, THE PERSON TURNING LEFT IS USUALLY PRESUMED TO BE AT FAULT........BUT SO IS THE PERSON REAR-ENDING YOU.

I ASSUME THEY ARE SAYING NO SIGNAL BY YOU SO NO NOTICE OF TURN.

I SUSPECT THIS CASE WAS SOME TIME AGO AS IT TAKES A LONG TIME TO GET A...
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1 Answer | Asked in Car Accidents for California on
Q: Are you resp. to pay for auto reprs for cars in front of you in a rear end coll if you were not the car that caused the

I was rear ended about 2 years ago. I was then pushed into the car in front of me and they were pushed into the car in front of them. I did not have a drivers license at the time. I was told I am responsible to pay for the damage to the 2 cars in front of me. Shouldn't the person in back, who... Read more »

Ronnie Kashri
Ronnie Kashri answered on Aug 20, 2021

Generally, the negligent person that caused the accident should be responsible to pay for the damages/injuries. However, it depends on the detailed facts of each case, which is not present here.

If you are taken to court and are somehow found to be negligent, even partially, then you would...
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1 Answer | Asked in Car Accidents for California on
Q: Notice of Refusal

I bought a motorcycle from out of state to replace my wrecked one. It only had at the time 7235 mi. I was given a notice of refusal from DMV what can I do? I've the letter from my insurance company that it was determined total lost. I was injured and its taken me this long to fine a... Read more »

Robert Dourian
Robert Dourian answered on Aug 19, 2021

The question is a bit confusing. Which MC did the DMV refuse? What was refused? What reason did the DMV give you? Did you contact the DMV to see what it requires (to register the MC? ) Anyway the more important question is how are you physically and mentally? Were you injured? How bad? Whose... Read more »

1 Answer | Asked in Car Accidents for California on
Q: doesn't having car insurance require you to have coverage for uninsured people?

While riding my bicycle I suffered a seizure blacked out and hit a parked car with my face , putting a dent in drivers side door . I was unconscious for approx. 10 minutes until fire & paramedics arrived on scene. Then police showed up and asked for my drivers license , I explained to them... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 16, 2021

If your actions constitute legal fault, then the other side could sue you and obtain a judgment against you in the amount of the damages caused by your actions. Whether or not the non at fault party will do so, or its passed on representative (usually an insurance company via concepts of... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Could I fire my lawyer, take the offer that my lawyer rejected on my own?
Dale S. Gribow
Dale S. Gribow answered on Aug 5, 2021

you can always fire your lawyer and get a new one or handle on your own.

the lawyer's name will be on the settlement check and he would probably set up a hearing before a judge to determine quantum meruit..........payment for what work he did

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2 Answers | Asked in Car Accidents for California on
Q: What should the appellant have done instead of going after Enterprise? Target Mr. Sanchez instead? If yes, I need help!!

I had this same situation happen to me where the rental car was stolen and on May 15th my vehicle was stuck by an unauthorized driver. Now my vehicle is totaled and I’m stuck with the bill.

Ronnie Kashri
Ronnie Kashri answered on Aug 5, 2021

If there is a police report or if you have any insurance information on the other driver, I would consider making a claim with that insurance company. Otherwise, If you have car insurance, you can make a claim with them and depending on the circumstances and coverage available, they may cover the... Read more »

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1 Answer | Asked in Car Accidents for California on
Q: I need to speak to a lawyer regarding an accident with property damage and the officer felt I was under the influence.

There was property damage and no injuries. The officer did field sobriety which I believe I passed, but I was transported to a station where I was given a blood test. I was not given those results but was issued a citation for suspected DUI. Since that time I have not been able to speak to the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 2, 2021

contact a good DUI lawyer in your area.....i only handle the greater palm springs area.

the officer sites you to court on a date on the bottom of the citation.

it is NOT like a traffic ticket. It is a Misdemeanor and is criminal.

Blood tests take a long time to get...
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1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Defense for California on
Q: I accidentally let go of the brake in my car causing it to hit the gate of the parking structure, is that a hit and run?

The manager & owner of the apartment complex want to call the police and say it is a hit & run. I offered to pay for the repair, but they don't want to do it that way. What should I do?

Dale S. Gribow
Dale S. Gribow answered on Aug 2, 2021

if while driving your car you cause damage you have to leave word on how to contact you.

Yes, technically it is a Hit and Run.

i assume your position is that you didn't see any damage and would not have known who to contact.......unlike hitting a car and leaving a note for the...
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1 Answer | Asked in Consumer Law, Traffic Tickets and Car Accidents for California on
Q: Hello I’m a commercial class a with endorcements today at 10:30am I was in lane 1 right to left traffic

Traffic came to complete stop I had my truck in neutral and left about one car space in front off me so wen traffic started to roll I put it in second gear to take off as I let go off the clutch about 2-3 miles per houre I felt like I pushed something so I stoped from going forward I don’t know... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2021

you are likely to be presumed to have a duty to not move forward until you know that no one is in front of you. If you hit someone in front of you, you will be presumed to be at fault.

there are lawyers who specialize in tickets that I have worked with.............it would be worth the...
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1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Sexual Harassment for California on
Q: how to write appellants opening brief/ eng. barrrier personal injury./breach of contract 80 % senior citizen disable

first atty delay more than two years never contract clients /call jury trial court hearing coming don;t want continue rep. clients/ will referral new subs attorney / after subs attorney also delay never return call push to meidiation forcebily accept than subs cash money slipt 40 % with first... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2021

more info and clearer info is needed.

it sounds like you are trying to do a legal malpractice case against your lawyer/s???

i don't handle that type of case.

you should consider contacting legal aid in the town in which you live.

3 Answers | Asked in Car Accidents for California on
Q: If I a the lien holder on car I am selling to my granddaughter, can I still be or liable if she got in a wreck

I currently live in CA. I just want to make sure she doesn't sell it. shes young and sometimes impulsive

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 9, 2021

If you are still the legal owner, then yes you can be held liable for owner's liability. If the car is transferred completely in her name, and you are just a lien holder, you would not be liable for her actions. The usual way to do this type of transaction is for you to get a promissory note... Read more »

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1 Answer | Asked in Car Accidents and DUI / DWI for California on
Q: After an accident can a cop make me take a blood test after submitting to a breathalyzer at the scene? I wasnt arrested.

This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.

I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 5, 2021

If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: Can an officer make me submit to a blood or urine test after an accident if i passed a breathalyzer in Ca.?

I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 3, 2021

the field sobriety tests in California are optional.

the Breath test at the scene is optional.

however, you then have a choice of Breath or Blood, usually at the station or hospital.

California no longer uses Urine testing.

if you refuse that last test, then they can...
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2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: If I get into an accident while driving a company car while doing job duties will my personal insurance be affected?

I work for a self driving car company in the Bay Area and I got into an accident today where I was parking the company car during my shift and I accidentally backed up into a parked car. All collision procedures took place and I left a note on the car. There wasn’t much damage to either of the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

Remember that insurance follows the car.....so the insurance for the car you were driving in, should control.

there is no law that you have to report the accident to your insurance co.

when it comes up for renewal, unless they ask, I would NOT volunteer the info.

if your ins...
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1 Answer | Asked in Car Accidents and Traffic Tickets for California on
Q: so i am 16 i got in a accident and i got a ticket for no drivers license and am wondering if the insurance can sue me

it was my dads friends truck that i was driving i was at a stop sign and i didn’t see the car and they hit the front left side no one was hurt but was wondering if insurance will sue me because i am a minor without a license but on monday i am gonna go take my permit test i was already planing on... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

if you had an accident as a minor and without insurance, I would expect DMV to suspend your license if you had one for a year or hold off issuing one to you for a year.

i would assume the insurance co's will deal with this......i you were a minor and not insured i would expect them to...
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4 Answers | Asked in Car Accidents for California on
Q: Why would my accident attorney request my insurance provider information if the accident was caused by the other driver?

I was rear ended which resulted in me getting two (2) epidural injections

Dale S. Gribow
Dale S. Gribow answered on Jun 8, 2021

THAT IS A COMMON QUESTION.

IF YOU DON'T HAVE INSURANCE YOURSELF YOU WILL BE LIMITED ON WHAT YOU CAN COLLECT.

IN ADDITION, IF THE OTHER PARTY HAS A $15K POLICY, BUT YOU HAVE A $500,000 POLICY AND YOU ARE BADLY INJURED, YOU CAN ACCEPT THE $15K AND GO AFTER YOUR OWN INS CO UNDER...
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