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answered on Sep 29, 2023
Serving the bank that holds the lien on the car is generally not sufficient for initiating a personal injury lawsuit against the driver of the car. You would likely need to serve the individual directly for the legal process to move forward.
answered on Sep 30, 2023
That's usually not the way it works nationwide. Summons and complaints generally identify motor vehicle registrants and operators, and other possible third parties. A creditor does not usually bear liability in a motor vehicle accident. Good luck
I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More 
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answered on Sep 28, 2023
In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack... View More
I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More
answered on Oct 1, 2023
That's a sizable penalty to base on absence of a title. Title should not ordinarily affect value - unless they are suspecting diminished value due to a salvage title. Pose this to your attorney if you are being represented and explore how long it would take and how much it would cost for... View More
I asked this question prior and gave details. But I would like to elaborate more. When driving a vehicle next to me lost control of their vehicle and I slammed my breaks so no collision happened. The 2 passenger seat belts did not work and one child slammed into the seat and the car seat my other... View More
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answered on Sep 28, 2023
In this situation, you may want to explore the possibility of pursuing a personal injury claim against the rental company for negligence in maintaining the seat belts. While the company's initial offer may only cover the ER bill, you may be entitled to additional compensation for your... View More
After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More
answered on Sep 28, 2023
The rental agency does not have a duty to inspect seat belts. The reason you can't find an attorney is because your claim for a defective seat belt would be against the manufacture of the seat belt and the vehicle. As you can imagine... that would be very expensive to prosecute. The cost for... View More
After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More
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answered on Sep 27, 2023
There's no rush to settle this case because your child can sue until they're 18. So if there's a chance they may have suffered some permanent injury, you don't want to settle the case before that's discovered. Chances are they're fine and that's the most important... View More
After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More
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answered on Sep 28, 2023
In California, you have the right to negotiate with the rental car company to seek fair compensation for your child's injuries and related damages. It's advisable to document all medical expenses, missed school days, and any other expenses incurred due to the incident. If the rental car... View More
I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More
answered on Sep 19, 2023
Your injury claim and potential insurance settlement are likely the same thing, so I am not sure that your attorney is unable to help you.
Nevertheless, you are entitled to fire your attorney at any time and hire a new one. Sometimes, that can be difficult since the attorneys have to split... View More
I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More
answered on Sep 19, 2023
I would be shocked if your current attorney is unable to help you with your injury claim as it sounds substantial. I would encourage further communication to clarify that fact and if indeed correct, immediately retain a qualified personal injury attorney to assist you with your bodily injury... View More
I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More
answered on Sep 19, 2023
Yes you can sue someone beyond their insurance, however, if you settle your claim against the at-fault drivers insurance company, they will require you to "release" their insured from any further liability. So you either settle with the insurance company or you file a lawsuit. You... View More
I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More
answered on Sep 19, 2023
You should have a meeting with your lawyer to determine what actions he/she has taken thus far in prosecuting your case. In serious injury cases, such as yours, insurance carriers will reluctantly divulge their insured's policy limits. In addition, you can look at your own policy to see if you... View More
I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More
answered on Sep 19, 2023
You need to sit down with another attorney right away if your current attorney doesn't handle personal injury. That doesn't really make sense but if you are confused then more clarity is needed. Don't wait to find out. You should also confirm with your current attorney that you are... View More
I swerved to avoid a collision with a car that veered into my lane & subsequently hit a parked truck that was parked in a no parking area. It was at night & the were no street lights along the entire stretch of road. I feel that I should sue the city/ county for not having street lights in... View More
answered on Sep 21, 2023
You could try to set up a free initial consult to discuss in further detail with a local attorney. Merits of such a case aside, it's possible the type of suit you contemplate could involve notice of claim elements (short filing deadlines for cases involving municipalities). That is one of the... View More
I swerved to avoid a collision with a car that veered into my lane & subsequently hit a parked truck that was parked in a no parking area. It was at night & the were no street lights along the entire stretch of road. I feel that I should sue the city/ county for not having street lights in... View More
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answered on Sep 19, 2023
Your next step should be to consult with a personal injury attorney who specializes in traffic accidents. They can evaluate the details of your case, including the road conditions and previous accidents in the area, to determine if you have a valid claim against the city or county. They will guide... View More
On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More
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answered on Sep 8, 2023
Under California law, you may have a potential legal claim against Hertz if their rental car was involved in an accident that caused you harm. It's essential to consult with a personal injury attorney to evaluate your specific case, explore potential avenues for compensation, and determine if... View More
On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More
answered on Sep 8, 2023
No, you cannot. 49 U.S.C. § 30106, the Graves Amendment, preempted state laws that made rental vehicle owners' liable for the permissive use of the vehicle. Rental companies do not carry that liability and are not responsible for their renter's negligence, unless you can find some... View More
I have full coverage... Motorcyclist was on the bike lane has i was putting out my drive way.
answered on Sep 9, 2023
I'm sorry about your accident. I hope everyone is okay. As a general matter nationwide, not having insurance doesn't necessarily preclude someone from initiating an accident-related claim. It can lead to charges, fines, and limitations in the types of damages permitted to be pursued,... View More
I have full coverage... Motorcyclist was on the bike lane has i was putting out my drive way.
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answered on Sep 5, 2023
Under California law, motorcyclists are entitled to the same protections as other motorists. If you pulled out of your driveway and hit a motorcyclist who was lawfully using the bike lane, you could be held liable for their injuries and damages. Full coverage insurance may help with your financial... View More
Hello,
I need advice on an auto accident. I rear-ended another car, causing minor damages. No immediate injuries reported. Unfortunately, I lack insurance coverage for that car, though I'm insured for two others.
The other party has an attorney for a personal injury claim and... View More
answered on Aug 25, 2023
Some things for you to think of. The Police Report most likely shows you were not insured. Quite often when there is someone without insurance it means they don't have a lot of income or assets (otherwise why go without insurance) so that usually means that a Chapter 7 bankruptcy might be in... View More
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