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California Car Accidents Questions & Answers
3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Is it possible hire a lawyer to write a settlement demand letter to an insurance company for an accident I was in?

I was in a 1 vehicle accident and I was a passenger and I’m now waiting on a settlement from the drivers insurance company. I would like to have a lawyer write a settlement demand letter to start the negotiations process. Is that expensive? My mom was also a passenger and she received a lowball... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

There are many, many attorneys who represent individuals involved in motor vehicle collisions. Typically, they will accept your case on a contingency fee (1/3 is common) so you do not have to pay anything upfront. They receiver their fee out of the proceeds collected. A strong demand letter from... View More

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If I were you, I would send a letter (not an email) requesting an office conference within the next thirty days to review your case, to discuss its current status, and to determine your case strategy moving forward.

Typically, attorneys and law firms do not schedule healthcare appointments...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

Your attorney isn't doing anything wrong by not scheduling chiropractic visits. That's something patients arrange. Attorneys could assist in finding medical providers and facilitating care, but it's generally upon the patient/client to schedule visits. It's difficult to guess... View More

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2 Answers | Asked in Car Accidents for California on
Q: I am at fault for rear ending a car. I do not have money. I am on my moms policy. Can they go after my mothers money?

My insurance said they may be suing for more than the insurance policy covers. Possibly five figures.

James L. Arrasmith
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answered on Jul 2, 2024

Based on the situation described, here's a concise overview of the potential liability:

1. Primary liability: As the at-fault driver, you are primarily responsible for damages.

2. Insurance coverage: Your mother's insurance policy will cover damages up to the policy...
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2 Answers | Asked in Car Accidents for California on
Q: I am at fault for rear ending a car. I do not have money. I am on my moms policy. Can they go after my mothers money?

My insurance said they may be suing for more than the insurance policy covers. Possibly five figures.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2024

They probably advise your mom she has the right to consult with her own attorney - they often do that. It could be worthwhile for your mom to discuss the situation with an attorney - based on what property and assets she owns. Unfortunately, it could be difficult to get a clear answer in these... View More

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2 Answers | Asked in Personal Injury, Elder Law and Car Accidents for California on
Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More

James L. Arrasmith
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answered on Jul 2, 2024

I understand your frustration with this complex situation. Let me break down the issues and provide some general information that may help clarify things:

1. Insurance coverage vs. settlement:

Even if the other driver's insurance covers your medical bills, your settlement may...
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2 Answers | Asked in Personal Injury, Elder Law and Car Accidents for California on
Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

I'm sorry for your ordeal. Unfortunately, one would need to review your file to offer a definitive answer. Yes, you are partially correct in the insurance company paying the bills. But if you had an IME (independent medical exam) and were cut off by the carrier, but continued to treat,... View More

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2 Answers | Asked in Car Accidents and Criminal Law for California on
Q: Can I file a police report for my neighbor deliberately attempting to hit me with their car

I was taking out some trash, when I noticed my neighbor entering her parked vehicle. She started her vehicle, moved it

out of 1 of her 2 designated parking spaces and parked it in the other parking space. As she backed her vehicle into the parking space, I began to walk across the parking... View More

James L. Arrasmith
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answered on Jun 28, 2024

This is a concerning situation.

Yes, you can and should file a police report for this incident. What you've described could be considered attempted assault with a vehicle, which is a serious offense.

Steps to take:

1. Call your local police non-emergency number or...
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2 Answers | Asked in Car Accidents and Criminal Law for California on
Q: Can I file a police report for my neighbor deliberately attempting to hit me with their car

I was taking out some trash, when I noticed my neighbor entering her parked vehicle. She started her vehicle, moved it

out of 1 of her 2 designated parking spaces and parked it in the other parking space. As she backed her vehicle into the parking space, I began to walk across the parking... View More

Francisco Javier Morales
Francisco Javier Morales
answered on Jul 2, 2024

Yes, you can file a police report for your neighbor deliberately attempting to hit you with their car.

Deliberately attempting to hit someone with a car constitutes an intentional act aimed at causing harm, which falls under the category of assault with a deadly weapon. Assault with a...
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2 Answers | Asked in Car Accidents for California on
Q: My car got sideswiped in the parking lot at my work. I'm not currently insured. Do I have a case?

They tried to leave the scene after hitting my car. If I hadn't of caught up to them they would have left.

James L. Arrasmith
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answered on Jun 23, 2024

Based on the information provided, here are some key points to consider:

1. Lack of insurance: Not having car insurance is illegal in California and can complicate your situation.

2. Hit-and-run attempt: The other driver's attempt to leave the scene without exchanging...
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1 Answer | Asked in Car Accidents and Gov & Administrative Law for California on
Q: my car of 5 days was trying to change the title. insurance companys Cal. were not selling auto insurance to anybody. I d

did have another vehical that was insuried. C.H.P. did not cite me for not having insurance . The truck driver was cited. This was Aug 2023. Do I have a exemtion?

James L. Arrasmith
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answered on Jun 23, 2024

I understand you're asking about a complex situation involving a car accident, insurance, and potential exemptions. Let me break down the key points and provide some general information based on your question:

1. You had a new car for 5 days and were in the process of changing the...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

James L. Arrasmith
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answered on Jun 19, 2024

I understand that receiving a summons can be stressful, especially if you're not sure how to respond. Here are some steps you can take:

1. Read the summons carefully to understand the details of the lawsuit, including who is suing you, the reason for the lawsuit, and the deadline for...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Joel Gary Selik
Joel Gary Selik
answered on Jun 19, 2024

The initial pleading in a case can be critical. Whether to file an answer with affirmative defenses or a motion, and what type of motion can determine the outcome of the case.

What to do depends on many factors including the type of case, amount in issue, defenses and parties. Consult...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

Addendum - If what I describe matches your situation (being sued in an MVA), the attorney assigned by your insurance carrier will handle writing the answer or a motion. You won't need to worry about formulating a response if that's the case. Good luck

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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Adam Stoddard
Adam Stoddard
answered on Jun 19, 2024

If you were served a summons then you will need to either file a demurrer, motion to strike, motion to quash summons, or answer to the Complaint. You have 30 days to respond in some manner, otherwise the other side can take a default judgment against you.

You should really hire an attorney...
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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

All my colleagues gave you excellent responses, and helped outline your options. However, you have this posted under "Car Accidents." If you received a summons and complaint involving a car accident, your primary option could be to turn things over to your insurance carrier. One of the... View More

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1 Answer | Asked in Car Accidents and Civil Litigation for California on
Q: On 03/30/2024 a chp officer came to my house standing that I caused a accident when i was no where near the site of cras

Now im getting all these Citation and im taking chp to trial now I got evidence of my whereabouts of that day do I have a case

James L. Arrasmith
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answered on Jun 10, 2024

Based on the information you provided, it seems that you may have a case to dispute the citations and allegations made by the California Highway Patrol (CHP) officer. If you have evidence that proves you were not at the scene of the accident on the date in question (March 30, 2024), then you should... View More

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Municipal Law for California on
Q: Is it legal to park a car on a white curb for a quick in and out pizza delivery in Orange County, CA?

I had a car accident. Parked at a white curb (if not, uncolored) to deliver food. Quick in and out but came out to see a woman backing out of her parking space and hit my car. She had more than a whole car lane of room to go out. I think she’s at fault but was it legal for me to park on the curb,... View More

James L. Arrasmith
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answered on Jun 5, 2024

In California, parking regulations can vary by city and county. However, in general, white curbs are typically used to indicate passenger loading zones with a time limit, usually around 5 minutes. These zones are intended for quickly picking up or dropping off passengers, not for parking while... View More

3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

James L. Arrasmith
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answered on May 31, 2024

I'm deeply sorry for your loss. You might have grounds to sue the California Highway Patrol (CHP) if you believe they mishandled the accident investigation or violated procedures. The actions you described, such as moving your son's body before the coroner arrived and clearing the scene... View More

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3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

My condolences for your loss, an awful tragedy. Many vehicles offer little regard to the 2 wheeled conveyances and the operators of the 2 wheeled conveyances receive the most serious injuries. But you are not bound by what the CHP wrote in the accident report as the person at fault. CHP did not... View More

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