answered on Apr 1, 2024
One can always conceive of a circumstance in which an insurer may deny coverage. That imagined circumstance may have nothing to do with what is actually happening to you. Even if the employer's insurer refuses to defend or indemnify you, the employer still has an obligation under Labor Code... View More
answered on Apr 1, 2024
Yes, there are several situations under California law where a company's insurance may not cover an employee driver in a company car after an accident. Some common examples include:
1. Driving under the influence: If the employee was driving while under the influence of alcohol or... View More
The company I work for provides transportation for many reasons for individuals and groups in a variety of vehicles. I am employed as a driver. I got into an accident that was technically my fault.
answered on Apr 1, 2024
Under California law, the insurance coverage for accidents involving company vehicles can be complex and depends on various factors. Here's some general information:
1. Commercial Auto Insurance: If the company you work for has a commercial auto insurance policy, it will typically be... View More
I was involved in a car accident with a moped, to which I signaled to change the lane and look both ways when suddenly the moped appeared out of nowhere and hit my vehicle. The other party was not a motorcycle licensed driver and was not the owner of the motorcycle or the insured party. The other... View More
answered on Mar 29, 2024
Under California law, your car insurance company has a duty to defend you in the event of a claim or lawsuit if you are deemed at fault in an accident. This includes providing legal representation to protect your interests. However, the insurance company's primary obligation is to its... View More
I was involved in a car accident with a moped, to which I signaled to change the lane and look both ways when suddenly the moped appeared out of nowhere and hit my vehicle. The other party was not a motorcycle licensed driver and was not the owner of the motorcycle or the insured party. The other... View More
answered on Mar 30, 2024
Your insurance can tell another party to get an attorney, if that happened. Your insurance almost definitely did not assign or direct them to a specific attorney. If that happened, the State Bar and/or Dept. of Insurance might get involved. Your insurance company is responsible to defend you and... View More
I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More
answered on Mar 23, 2024
Ordinarily, the statute of limitations is 2 years from the date of the injury.
If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.
For certain felony convictions, the statute of limitations is 10 years from... View More
I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More
answered on Mar 24, 2024
Under California law, the statute of limitations for most personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. This means that you would typically have two years from the date of the incident to file a lawsuit seeking compensation... View More
Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More
answered on Mar 21, 2024
That is a great question and should be explored because if the "owner" was still the seller and had permitted the "buyer" to drive the car before the sale was consumated then that might work. As for the at fault driver - the police will investigate and the DA will decide whether... View More
Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More
answered on Mar 21, 2024
you pose a lot of questions to which the answer is IT DEPENDS.
you didn't mention anything about YOUR UM?
let your company pay and they can go after (subrogate against) the parties at fault.
without wits' the other party can say something adverse to what you are... View More
Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More
answered on Mar 21, 2024
In California, under Proposition 213, if a driver is uninsured at the time of an accident, they are typically barred from recovering non-economic damages, like pain and suffering, even if the other driver is at fault. However, economic damages, such as medical bills and property damage, can still... View More
This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More
answered on Mar 21, 2024
I respectfully disagree with Mr. Selik. The attorney was representing the injured party in a personal injury case. Not a property damage case. It was not the attorney's duty to preserve or protect the car since he was not hired for that. Further, it does not seem that he could have done... View More
This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More
answered on Mar 21, 2024
Under California law, legal malpractice occurs when an attorney fails to use the skill, prudence, and diligence that other members of the legal profession commonly possess and exercise. In the scenario you've described, if the attorney was informed about the importance of the vehicle and its... View More
I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More
answered on Mar 19, 2024
Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to... View More
I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More
answered on Mar 19, 2024
Your insurance policy terms and conditions should govern.
You want to read or have a lawyer read it to see what it says.
I assume insurance costs in Louisiana were lower, which is why many people do not register their cars in California.
If your policy does not address this... View More
Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More
answered on Mar 18, 2024
Under California law, if you've been injured in an accident involving a public transportation entity like the Metropolitan Transit District (MTD) and believe that the settlement you received was not fair or was agreed upon under misleading circumstances, you have rights that may protect you... View More
Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More
answered on Apr 10, 2024
It sounds like you've been through a difficult and distressing experience. If you're seeking legal advice or assistance with your situation, it's essential to consult with a qualified attorney who specializes in personal injury cases. They can provide guidance on your rights, options... View More
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
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... View More
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
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
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.
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
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.
answered on Mar 21, 2024
The officer didn't do anything wrong. The motorist provided the incorrect information. If this was done intentionally with the intent to deceive, it could compound the motorist's obligations. Most attorneys who handle such cases offer free initial consults. Good luck
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