Get free answers to your Car Accidents legal questions from lawyers in your area.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
We've got lawyers we got lawyer right after it happened to both cars were totaled and we need money bad we're homeless they're not helping us at all can I go to the insurance company reno
answered on Feb 5, 2025
If it was easy to get money from the insurance company, your attorney would have done so by now. To answer your question, you can go to the insurance company. It should turn you away because you have an attorney. You can fire your attorney. You will still owe him a fee for the value of the work... View More
I turned in the license plate to insurance and police. Just don't feel right that they can get away with this
answered on Jan 7, 2025
You can, but if you don't get permission from your insurer, you might be breaching your insurance contract. Since you accepted property damage money from your insurer, it owns your right to pursue the other driver. You own the right to pursue that driver for your deductible, but these are... View More
Car accident December 2022. Property damage settled. Have claim number started with insurance company for injury, but it has been dragging out. We are now coming up on the two year mark. Does this have to be settled in California before the two year mark can settlement go past that timeframe. Have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2024
You are approaching the two-year statute of limitations in California for filing a personal injury lawsuit. This means that if you don’t file a lawsuit before the two year anniversary, you could lose your legal right to pursue compensation for your injuries, even if settlement negotiations are... View More
He claims he was hit by another vehicle that fled the scene and is now suing me for $150,000. My insurance is looking to settle the claim from my policy limits, but he didn't mention that another vehicle hit him before me. I also suspect he was uninsured that night. Can you stay in your car... View More
answered on Nov 25, 2024
Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More
He was in a motorcycle accident while working but his boss/friend didn’t have insurance at the time. He had a lawyer and was going to get paid a substantial sum but chose not to sign paperwork. His boss was getting a settlement himself and convinced my brother to not follow through so he... View More
answered on Nov 24, 2024
Your brother's personal injury claim has components for pain and suffering, and for economic losses. Once your brother passed, only the claim for economic losses remains (wage loss and medical expenses). His children can pursue those losses, but they likely aren't large enough to... View More
Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More
answered on Nov 23, 2024
It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
