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I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More 
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
I was involved in a rear-end collision at a stop sign where I was at fault. The other driver claims injuries, although the impact was minimal, under 5 mph, when I accidentally accelerated into them from behind a stop sign. I did not exchange information at the scene and left due to fear. The other... View More
answered on Apr 8, 2025
In California, leaving the scene of an accident even a minor one like your low-speed collision at a stop sign can carry serious implications. Under Vehicle Code Section 20001, if an accident results in injury, drivers are required to stop, exchange information, and offer reasonable assistance.... View More
I was involved in a rear-end collision at a stop sign where I was at fault. The other driver claims injuries, although the impact was minimal, under 5 mph, when I accidentally accelerated into them from behind a stop sign. I did not exchange information at the scene and left due to fear. The other... View More
answered on Apr 14, 2025
My California colleagues have very thoroughly and excellently covered important points to consider. The only thing I'd emphasize, since your question straddles the "Personal Injury" and "Car Accidents" categories, is that a major consideration from a CIVIL standpoint will... View More
My partner of 35 years passed away last year following a car accident in 2021. We had lived together for 12 years, and I provided financial support for him after the accident. I am recognized as his partner legally. The settlement from his accident is anticipated to be completed in June this year.... View More
answered on Apr 3, 2025
In California, unless you were legally married or in a registered domestic partnership, you do not automatically have inheritance rights to your late partner’s accident settlement under intestate succession laws. However, if the settlement includes wrongful death compensation and you were... View More
I am seeking information about a legal case concerning the death of my son, who passed away due to a drunk driving incident on April 8, 2023. His father opened the case, but he hasn't shared any information with me. I want to know how I can get access to all details regarding the case,... View More
answered on Apr 1, 2025
It would be prudent to do as the below attorney suggests and file a case for yourself. You can go to the county court's website and do a name search. Once you find the complaint it should give you all the information you want. The county will either be the county where the accident occured or... View More
I was involved in a hit-and-run accident in the winter of 2023 in a rental car. A drunk driver in a truck hit me at a red light. Since the incident, I have suffered from severe whiplash that affects my sleep, work performance, and mental health, leading to PTSD and ongoing pain. My health care... View More
answered on Mar 22, 2025
All those factors are important, how much you suffered, what medical treatment you need, what medical treatment you had, what medical treatment you need in the future, and the amount of the adverse driver's insurance, and your under-insured motorist insurance. It also depends on the attorney,... View More
In 1997, my stepmother, brother, and I were hit by a drunk driver in Galt, CA. Unfortunately, my stepmother and brother were killed, and although I survived, I've had to undergo several surgeries since the accident. My mother sued and was awarded damages, but the driver filed for bankruptcy,... View More
answered on Mar 10, 2025
That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More
I was in a car accident on May 23, 2024, and suffered knee contusions, strained back muscles, and whiplash. The insurance company is offering me $15,000 as a settlement; however, since then, the state insurance minimums have increased from $15,000 to $30,000. Am I entitled to the new rates or the... View More
answered on Mar 6, 2025
Any policy issued in 2025 has to comply with the new rates. Since the policy with which you are dealing was issued in 2024, it can be a $15k/$30k policy. A consultation with an attorney may be appropriate to help determine if there are other potential sources of recovery.
I was in a car accident with my parents in San Diego, and the police report, completed 3.5 months later, incorrectly blamed my boyfriend for the accident. The report also failed to list a third person in the car, who I suspect has connections to local authorities. I haven't taken formal steps... View More
answered on Mar 3, 2025
This question is asked all the time on this forum because everyone blames the other driver... so this is a common issue. Police departments are generally immune from lawsuits for writing "faulty reports". No assist from the DA. Case closed. Why did the police blame your bf? You can take... View More
My relative was backed over in a 7-Eleven parking lot. Video footage from the store exists, but it has not yet been obtained. She sustained injuries that required immediate medical attention, including emergency room care and surgery. She is currently hospitalized and undergoing further treatment,... View More
answered on Mar 2, 2025
The driver is probably liable, but your relative's conduct would have to be examined. There are hypothetical situations in which your relative might be entirely at fault. However, liability is not binary, yes or no. It is on a scale from 0% fault to 100% fault. All of the facts of the... View More
I won a settlement from my automobile accident injury case, and it's been 6 weeks without receiving my settlement check. My lawyer initially told me over the phone it would take 3 to 4 weeks, but I haven't received any updates. I was informed that the delay is due to the liens department... View More
answered on Feb 26, 2025
Yes, its normal. The chance that another another will want to take over now is almost 0%, unless you want to pay an hourly fee, which would almost certainly be prohibitively expensive. There are no steps you can take. This is in the hands of the companies asserting the liens and medical billing... View More
While at a stop light, my car rolled slightly and scratched the car in front of me, causing minimal damage. The other party is now claiming $250,000 for bodily injury and loss of enjoyment of life. My insurance is reviewing the claim and suggested I might need to hire a lawyer. There is no... View More
answered on Feb 25, 2025
There is nothing to do now except allow your insurer to handle the claim. Attempts to transfer assets into other names will be deemed fraudulent. Further, based upon your description, such efforts are completely unnecessary. The amount for which a case settles compared to the original settlement... View More
I was recently in an accident right after crossing the border from Mexico into the US, where someone hit my car, causing damage. We did not file a police report, but the other driver gave me their insurance information. How should I proceed with both insurance companies to address the damage to my... View More
answered on Mar 5, 2025
If liability is solely on the other party, the two of you should be able to handle things solely through the other side's insurance. If the other side gave their carrier a statement, and the carrier is satisfied with the account of the accident, they could work with you - that would probably... View More
I was in a car accident due to a DUI and subsequently taken to the hospital, where an x-ray revealed a compression fracture in my L1 vertebra and a fractured heel. Despite these findings, I was immediately released from the hospital and incarcerated overnight. Upon release, my neurologist advised... View More
answered on Feb 19, 2025
You may have a potential negligence case against the hospital if their decision to release you despite serious fractures deviated from the standard of care and caused you harm. Key factors include whether early discharge was medically appropriate, if it led to worsened injuries or unnecessary... View More
I was riding in an Uber car when it was involved in an accident, resulting in some minor scrapes and bruises. The police were involved, but I didn't provide a statement as I wasn't driving. I didn't seek hospital treatment due to the minor nature of my injuries, and I'm unsure... View More
answered on Feb 17, 2025
On the one hand... if you didn't understand Uber's "communication" you should probably consult with a lawyer. On the other hand... if your injuries are so minor that you didn't seek medical attention, then the value of your claim is minimal. Uber will probably make a... View More
On August 1, 2023, I was involved in an accident in which both of my parents tragically died. The police did not take my statement, prevented me from going to the hospital to see my mom (who passed just before I got there), did not conduct a sobriety test on the other driver, and gave an incorrect... View More
answered on Feb 14, 2025
Police make mistakes all the time. If the law allowed police departments to be sued every time they made a mistake, it would bankrupt a city. So what does the government do to protect themselves from bankruptcy? They pass laws that provide immunities that protect police departments from lawsuits... View More
I am handling a wrongful death claim after an auto accident involving my parents. Initially, their insurer labeled a deduction as a subrogation fee, then later as an underinsured claim. This was applied to settlements from the other insurance several times, totaling four deductions. I let go of my... View More
answered on Feb 14, 2025
I understand your concern regarding the deductions, especially since the insurer is citing a law that mandates these deductions. To address this issue properly, I recommend speaking directly with an attorney who specializes in insurance law or wrongful death claims. They will be able to review the... View More
I was rear-ended about a week ago on I-5 during a traffic jam, which resulted in back pain. I have received medication and might need therapy, according to my doctor. The other driver's insurance company contacted me to give a statement about the accident. Should I provide the statement to them?
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answered on Feb 13, 2025
It’s generally not advisable to give a recorded statement to the other driver’s insurance company without first consulting an attorney. Insurance adjusters often look for ways to minimize their company’s liability and may use your words against you to reduce or deny your claim.
If you... View More
I was rear-ended about a week ago on I-5 during a traffic jam, which resulted in back pain. I have received medication and might need therapy, according to my doctor. The other driver's insurance company contacted me to give a statement about the accident. Should I provide the statement to them?
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answered on Feb 13, 2025
No, you should not give a recorded statement to the other driver’s insurance company without speaking to an attorney first. Insurance adjusters may use your words against you to reduce or deny your claim. Instead, you can provide basic information (date, location of the accident) but avoid... View More
The insurance company is dragging this out, it’s been 2 months and I still have a damaged car. What can I do to speed up the process?
answered on Feb 8, 2025
Fastest - make a claim with your own insurer.
Second fastest - sue the driver and owner of the vehicle that caused the collision in Small Claims court. Be prepared to present an estimate for repair, photos of the damage, and cost of a rental vehicle during the period of repair. This is... View More
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