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California Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for California on
Q: How long can claim go on?

I rear ended a car and insurance of party that I rear ended asks 6700 for car and around 30-40K might be asked for bodily injury. However accident happened on September and it is February I haven't heard from the insurance of the party that I rear ended. How long can they get the back pain... Read more »

William John Light
William John Light answered on Feb 25, 2020

Cases can go on for years. Treatment can go on for days, weeks, months, years, depending on the injury. It is common to not experience pain immediately after the collision, but when the adrenaline wears off, or you start to resume normal activities, pain surfaces. If you have insurance, notify... Read more »

1 Answer | Asked in Car Accidents for California on
Q: Hello, I received a notice of ‘pending Lien sale for vehicle valued under $4000’ the car was stolen and recovered.

It was towed to the impound lot then my lien holder had it towed somewhere else and I then received this notice. I have not seen the car and I do have insurance.m. I need to know how to proceed. Any help would be appreciated

Sincerely,

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

Your local Legal Services/Legal Aid office has consumer staff who can at least tell you where to go for information in your state if they can't represent you because you are over income.

3 Answers | Asked in Car Accidents for California on
Q: Hello I have a question regarding Auto insurance claims involving a minor

I live in the state of California and I am wondering how does the insurance company handle situations where a minor is injured due to a auto accident How does the insurance company go about compensating personal injury to the minor

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 20, 2020

Normally, You must name a Guardian Ad Litem and file and serve the case within 6 months if you are suing a state government agency and within two years for a regular accident case. In the case of minors, you have special statutes of limitations and you should hire an attorney to advise you.

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I’m in California and was hit by a car on my bike, I’m wondering who is at fault?

I was on my bike just leaving my house, it was on a tiny one way street that I was going the opposite direction on. He pulled out of a driveway turning right and I tried to avoid him, but he turned extra wide and didn’t see me or didn’t stop for whatever reason until he hit me. I was knocked... Read more »

William John Light
William John Light answered on Feb 18, 2020

Sounds like your fault. You were going in the wrong direction on the street. He was looking to his left, turning right, because that is the direction from which traffic would be expected. I suppose that you have an argument that he should have looked to his right as well because of the potential... Read more »

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3 Answers | Asked in Car Accidents and Civil Rights for California on
Q: stopped in downtown S.F. and ordered out of my car but leave motor running, a person stole and totaled it

what recourse do I have? Car is totaled had the key been out or turned off my just restored car would be fine

William John Light
William John Light answered on Feb 18, 2020

Your recourse is with your comprehensive/collision insurer; or, with the person who totaled your car, but good luck collecting from them.

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1 Answer | Asked in Car Accidents for California on
Q: A Lyft Driver sideswiped my car.

A Lyft driver (while driving a client to their destination) was going well over the speed limit, before, during, and after the collision. Instead of slowing down to yield to existing traffic (me). He tried to go around my car, by going into the oncoming traffic lane. When he tried to merge back, he... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 13, 2020

more info needed.

hire a lawyer.

beat them to the punch and file in small claims for up to $10k.

if you are not insured DMV may take your license if/when they hear about it.

you won't be able to collect for pain and suffering.

2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Can debt collectors collect from my parents assets in California even if I’m 29 years old?

I want to rent a car to drive Uber, but I am afraid that if I get into a bad accident, they will take my parents assets. I have been living in my moms place for 5 months, and I think my dad might still be claiming me as a dependent. I have schizoaffective disorder (similar to schizophrenia) but I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 11, 2020

MORE INFO NEEDED.

A PARENT IS NOT NORMALLY RESPONSIBLE FOR THEIR CHILD AT YOUR AGE.

IF THE CAR WAS IN YOUR PARENTS NAME AND YOU DROVE IT THEY WOULD ONLY HAVE EXPOSURE UP TO $15K

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Can car dealerships park their cars (say, 100) in private garages used for businesses? What if the damage your car?

There's a "Karen" in my office who thinks her car was damaged by a car that a dealership has parked in our work garage. They have around a 100 cars in there that they just move around from floor to floor once a week. She thinks it's illegal for them to use garage and that they are hiding the cars... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 6, 2020

more info needed.

you need more than "think" someone damaged your car.

I would bet there is a city ordinance/law precluding this.

contact your city council for an opinion........if you make enough noise the owner of the building may put their foot down too.

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3 Answers | Asked in Car Accidents for California on
Q: Is a drunk driver liable for your bills if they hit me and I was on meth?

I was coming to a stop on the bike trail.A car was turning onto the bike trail and side swipped me knocked me down . He got out after my friend told him to get off me I was under his car. He helped me up, he was very drunk. My friend called the ambulance and he left. Went to the hospital besides... Read more »

William John Light
William John Light answered on Feb 3, 2020

In California, his responsible is equal to his percentage of fault. If he is 100% at fault, then he is 100% responsible. If he is 50% at fault, he is 50% responsible, and so on. What you might actually recover can be limited by his insurance limits, his personal assets, and your... Read more »

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1 Answer | Asked in Car Accidents for California on
Q: In an accident with self insurance driver. Hes a fault. How do i go about the claims process.

Ive contacted the corporate office left several messages, contacted all the stores he could work at, left emails. Ive gotten no reply and no one who has been able to help me file a claim. He was in his company truck when he hit me.

William John Light
William John Light answered on Feb 3, 2020

If you are injured, hiring an attorney would be best. You are self-represented and not being taken seriously.

If you want your car repaired, and rental car expense, sue the driver and owner of the vehicle in Small Claims. Bring your estimates/receipts for repair and rental car, the police...
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4 Answers | Asked in Car Accidents for California on
Q: Is there anything I can fight for being rear ended by an company truck and having my car totaled do to his negligence.

I was rear ended at a green light by an company truck "Ford F150" when traffic in front of me abruptly stopped at a green light. I have dash cam footage that show it took him 5 secs to hit me after I stopped. He had to be going at least 20 mph at impact. It pretty much took out my middle and... Read more »

William John Light
William John Light answered on Jan 27, 2020

$4000 is the fair market value of your vehicle, which means you an get another similar car for that amount. If you can't, you need to negotiate with your insurance company.

The insurer for the at fault driver is not going to pay for your PT as you incur it. You will have to complete...
Read more »

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4 Answers | Asked in Car Accidents for California on
Q: I received a summons for an auto accident that occurred after I sold the vehicle. Do I have to appear in court?

The vehicle was bought and the new owner took ownership. Then he got into an accident.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jan 20, 2020

You must not ignore the summons. Turn it over to your insurance company right away, along with a copy of the form you filled out and turned in to the Department of Motor Vehicles when you sold it. Be sure not to miss any court deadlines.

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1 Answer | Asked in Car Accidents and Traffic Tickets for California on
Q: If I got a fix it citation and my vehicle wrecked and is totaled, how do I go about the fix it ticket at that point?
Dale S. Gribow
Dale S. Gribow answered on Jan 18, 2020

BRING PROOF TO THE COURT THAT YOU NO LONGER HAVE THE VEHICLE AND WHAT IT WAS TOTALLED

3 Answers | Asked in Car Accidents for California on
Q: I was rear ended and wanted to know what happens if my medical and property damages exceed the other party's insurance
Dale S. Gribow
Dale S. Gribow answered on Jan 17, 2020

easy, you can present a claim against your own UM policy IF it is larger than the D's policy.

if it is the same then be sure your lawyer does an asset check on the D and have D sign a declaration they have no other assets.

Your lawyer would negotiate with the med providers to...
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2 Answers | Asked in Car Accidents for California on
Q: If my damages exceeded 80% of the car value, am I required to turn it over as a totaled car?

I was hit by another vehicle, and that person's insurance, Farmers, took 3 months to determine that their driver was at fault. In that time, I took my car into the shop, and the damages were $9,900, which was over 80% of the value of the car ($11,100). I paid for the $9,900 in repair charges out of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 16, 2020

more info needed.

did you have car ins and not turn over to them?

you can meet with a lawyer or sue in small claims for their limits.

what i have seen is if a car can be repaired for less then replacement value they will opt for the cheapest.

they are in the biz for...
Read more »

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2 Answers | Asked in Car Accidents for California on
Q: What is my worst case scenario if I rent a car from Lyft using FlexDrive and get into an accident?
William John Light
William John Light answered on Jan 15, 2020

This is far too vague to answer. One could come up with any number of scenarios in which you and all your passengers are killed. That's probably not what you are asking, but fits the description of "worst case scenarios".

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2 Answers | Asked in Car Accidents for California on
Q: I have a claim filled against me due to a car accident from the owner of a car who was not in the car in the accident

The driver of the other car did not report it to dmv..but the owner is filling a claim with a different insurance than he had at the time of the accident. Should I be worried? Do I need to respond to the harassing calls?

William John Light
William John Light answered on Jan 9, 2020

Just notify your insurer of the claim. If you didn't have liability insurance, then you will have to deal with it on your own, or hire an attorney to defend you. You can attempt to negotiate the amount, or you can file bankruptcy. Don't give anyone any money without getting a simultaneous signed... Read more »

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2 Answers | Asked in Car Accidents for California on
Q: How can I get my car from the tow company without paying anything?

I'm asking because it wasn't taken from me I let a friend use it and then he let his friend use the car and his friend was parked when the car was towed? I can't afford to get it out I live in a shelter and I have no money I dont want to lose the car

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2020

MORE INFO NEEDED.

TECHNICALLY THEY HAVE THE RIGHT TO DO SO AND EACH DAY THE COST TO REMOVE THE CAR IS INCREASED.

THE ONLY THING I CAN THINK OF IS ASKING YOUR FRIENDS TO PAY OR SHARING WHAT YOU WROTE HERE WITH THE TOWING CO.

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was involved in an accident & don’t have a license or insurance and the person at fault was licensed but not insured.

Would I be automatically at fault in this circumstance? My car is a 2018 Honda Civic and the other person’s car is a 1999 Nissan Altima. Both are total losses. We were both taken to the hospital for our injuries.

Dale S. Gribow
Dale S. Gribow answered on Dec 30, 2019

more info needed.

hopefully, you have a good reason not to have a license and insurance.

you wouldn't automatically be at fault.

However, you could not collect for pain and suffering but should be able to collect your meds and loss of earnings.

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1 Answer | Asked in Car Accidents for California on
Q: Involved in an accident

I was involved in an accident and my vehicle wasn’t on my insurance policy at the time. I was found at fault. One vehicles insurance totaled out a vehicle, in which I requested to be apart of the appraisal. Now they are wanting full payment even though they sold the salvaged vehicle. What rights... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Dec 29, 2019

You should offer to pay the amount demanded less the proceeds of the sale of the salvaged vehicle. Best of luck.

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