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California Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: underinsured motorist claim in CA, at fault paid and WC resolved. Do I need to protect the statute?

Auto ax, at fault paid, WC settled and now trying to settle underinsured motorist claim. I researched at it appears that ins just needs “reasonable” time to resolve. Do I need to request arbitration or allow “reasonable” time to pass and settle?

William John Light
William John Light answered on Oct 14, 2019

Make your arbitration demand when you have proof that you have exhausted the liability limits of the at fault driver. You can negotiate later. There are requirements to fulfull when making a demand for UIM arbitration. See Insurance Code section 11580.2, or hire an attorney. Given your injuries, I... Read more »

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1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for California on
Q: Can we sue hoa for neglecting to enforce rules if they ignore our safety and tell neighbor, we get gunshot dmg

We asked hoa to enforce the rules 4 times, each time asking them not to disclose that a neighbor complained, would give me up as source. I spoke to the neighbors twice before about parking in fire line/street where signs are posted no parking, called the police once, the towing company twice, and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2019

MORE INFO NEEDED.

A LAWYER WOULD WANT TO SEE THE PAPERWORK SHOWING WHAT THE HOA RULES ARE.

ANYONE CAN SUE FOR ANYTHING AT ANY TIME.......THE ISSUE IS WOULD YOU WIN...........AND A LAWYER

WOULD NOT TAKE THE CASE ON A CONTINGENCY...........THUS YOU WOULD HAVE TO PAY A LAWYER...
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3 Answers | Asked in Car Accidents and Criminal Law for California on
Q: I hit a pedestrian in the parking lot of a grocery store.

I parked but didn't exchange info. Then I left and came back 10 minutes later, but the person was gone. I think they have the license plates, but they weren't hurt from what I could see, I was driving very slow. What should I do now? This happened Thursday October 10, two days ago. I live in Los... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 12, 2019

more info needed.

i am in Palm Desert. I would suggest contacting a criminal lawyer in the community in which you live and who practices in the court your case would go to.

hopefully one with the connections to inquire quietly with the DA, about the matter.

clearly a hit and...
Read more »

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3 Answers | Asked in Car Accidents for California on
Q: car accident back on 2016 since that time a settlement is pending, lawyer just giving me false hopes. Can u help me

I was a passenger, I got a herniated disk from my neck and some cuts on my arm, lawyer was referred from the insurance car owner. How can I get legal assistance on this case can I fire my actual lawyer and hire and other?

Dale S. Gribow
Dale S. Gribow answered on Oct 3, 2019

yes, you can change lawyers without it costing you anything. The lawyers would split the fee.

happy to talk to you and answer your questions..............

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3 Answers | Asked in Car Accidents for California on
Q: If a speeding car hits another car that pulled out in front of them last minute, who is at fault?

Car "A" is speeding , lets say 70 in a 55 zone. Car B is at a 2 way stop sign and pulls out in front of Car A to cross the road right as Car A is coming up to the intersection and Car B gets t-boned..

William John Light
William John Light answered on Oct 2, 2019

Car B would bear most, if not all, of the fault.

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3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: When you are a victim of hit-n-run and you I D the other car but no "injury" why is that only a misd?

Victim- good driver

Suspect- drunk driver gets away

Vehicle- total loss

William John Light
William John Light answered on Oct 1, 2019

Hit and run with property damage only is a misdemeanor by statute. Vehicle Code section 20002(d).

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2 Answers | Asked in Employment Law, Traffic Tickets and Car Accidents for California on
Q: If my license was suspended by the section 16073. What does this mean? Would i be able to drive or continue working?

I would like to know if this would affect my job if i work in a car industry and the company insurance does not want to cover me.

Neil Pedersen
Neil Pedersen answered on Sep 28, 2019

Suspension of your driver's license for any reason can be used by your employer to suspend or terminate you at any time. You are considered to be employed at will unless you have an agreement to the contrary with your employer. That means your employer can discipline and terminate you at any time... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: How to distribute settlement funds among a driver and two other passengers when medicals are higher than settlement?
William John Light
William John Light answered on Sep 25, 2019

It would be unusual for the settlement to not allocate the sums to each party. There should be settlement agreements and releases for that purpose.

However, if the sums are not allocated, calculate the total damages of each party. Calculate each party's percentage of the total damages....
Read more »

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4 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: Is an accident itself probable cause to administer a breathalyzer? When officer arrived on the scene after it happened?
Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2019

the accident just gave the police a reason to be there........THEN when they smell alcohol, see a bag of drugs or a lifeless body in the car they can investigate.

i assume the police report will show the smell of alcohol, poor coordination, red eyes, slurred speech etc.

if so they...
Read more »

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3 Answers | Asked in Car Accidents for California on
Q: My wife was hit by a drunk driver in my car. I have full coverage but she is not on the policy. Am I screwed?
William John Light
William John Light answered on Sep 20, 2019

If she is excluded, then your insurance won't cover the loss. If your wife has her own insurance, it might apply to your property damage, or you would need to make a claim with the drunk driver's insurance, if he has it. Your wife will also be able to pursue a claim for bodily injuries against... Read more »

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1 Answer | Asked in Car Accidents for California on
Q: I was in an accident and I was hit from behind I have no insurance and there was no police report made. Am I responsible

He claims I ran a red light and I disagree regardless he hit me from behind

William John Light
William John Light answered on Sep 12, 2019

Hard to understand how running a red light caused you to be hit from behind. Ordinarily, the driver of the car that strikes from behind is liable. Since you were uninsured, you are not able to recover damages for pain and suffering, unless the other driver was DUI. You can recover for your... Read more »

1 Answer | Asked in Car Accidents and Criminal Law for California on
Q: Can i sue a dealership for putting value of truck wrong making payments late...causing registration skyrocket to 1000.

Also cirrent plates are diff than ones on registration..

Dale S. Gribow
Dale S. Gribow answered on Sep 11, 2019

Every case is unique and more information is needed to properly answer your query intelligently.

It is always a good idea to contact a local attorney that handles these types of cases in the court where you would have to appear.

In other words, I am in Palm Springs and you don’t...
Read more »

2 Answers | Asked in Contracts, Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: Can a auto insurance company hold your salvage title hostage?

I was in an auto accident 7/5/19 by someone who has Alliance United car insurance. They have 798 reviews on Yelp with 1 star. They totaled my 06 Acura TL that had little damage to its front end. The guy policy limit was $5000 and my car value was $7,800. I decided not to sue and told them to send... Read more »

William John Light
William John Light answered on Sep 4, 2019

To determine if your car is a Total Loss, you must follow the Total Loss Formula.

Total Loss Formula (in California) is Cost of Repairs + Salvage Value ≥ Actual Cash Value.

Salvage value is typically 25% of the Actual Cash Value (but each insurance company uses its own percentage,...
Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What should I do, I hit a bike with my car and dislocated my knee cap and they are threatening to sue?

I didn't see the car coming and did a California stop at a 4 way and hit the ladies right side of her car. We filed a police incident and I went to the doctors (haven't seen the bill yet but I'm sure it's a lot) where i got crutches. I couldn't walk for a month. She got her car fixed and it was... Read more »

William John Light
William John Light answered on Sep 4, 2019

Notify your homeowners/renters insurance, or your parents homeowners/renters insurance. If you don't have that, and don't have money to pay the damages that you caused, then there isn't much of a dispute. You will get sued and, presumably, have a judgment entered against you. You still won't... Read more »

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2 Answers | Asked in Car Accidents for California on
Q: personal loan lean on a house deed

loaned my settlement of 28500 to father in 1988. he passed only leaving a house deed to his 4 month relationship girlfriend she is on the deed as well

Dale S. Gribow
Dale S. Gribow answered on Sep 2, 2019

much more info needed.

is there a paper trail for the money you loaned dad?

you should consult with a probate lawyer in your community to look at all the facts in a free consultation.

do yourself a favor and write down all the facts.........plus names, addresses, phone...
Read more »

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1 Answer | Asked in Car Accidents for California on
Q: Question about excluded car insurance Policy

Hi Lawyer,

I bought the car insurance for my GF drives my car because I got very high premium and I did not know the insurance company excluded me on my car even I did not sign any exclusion form. Laterly I bought the Honda, I called the agent added it to my Policy for me to drive to work.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 1, 2019

more info needed.

you may have a malpractice case against your agent.

a lawyer needs to review all the paperwork.

2 Answers | Asked in Car Accidents, Gov & Administrative Law and Personal Injury for California on
Q: Can I file a claim with the state?

I was in an accident. A disabled car was in the fast lane with no lights, no hazards, or flares and I hit the car going 65mph. The disabled car was in an accident earlier that day and was reported to highway patrol but was never towed out of the fast lane. My question is, who is responsible?

William John Light
William John Light answered on Aug 29, 2019

The state is not responsible. The owner of the car and the driver are responsible. Potentially the person who performed maintenance on the vehicle is that is the reason it was disabled. If none of that proves fruitful, I hope you carried UM insurance. Contact a PI attorney to discuss your... Read more »

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2 Answers | Asked in Car Accidents for California on
Q: I ran a red light because a fire truck honked at me to move and another car hit me. Who is at fault?

I ran red light cautiously, all other cars were stopped at intersection except one car who didn’t notice the sirens and kept driving. Fire truck kept honking until I moved so I felt forced.

William John Light
William John Light answered on Aug 22, 2019

If you were hit by another car, you didn't run the light that "cautiously."

However, cross traffic has a duty to yield if an emergency vehicle has at least one red lamp lit, and the siren is sounding. Vehicle Code section 21806. It sounds like the other driver violated that statute....
Read more »

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3 Answers | Asked in Car Accidents for California on
Q: My friend accidently backed into a parked car when trying to park. He got out to assess any damage to either car and...

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Dale S. Gribow
Dale S. Gribow answered on Aug 14, 2019

more info needed.

he should probably report to police explaining there was no damage but his friend said he should tell the police in case the guy ALLEGES DAMAGE

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2 Answers | Asked in Car Accidents for California on
Q: My collision report from the chp is not correct. Insurance policy# had to many numbers, phone numbers were not correct,

In addition chp faild to analyze the cause of the accident. The report clearly proves that party 1 is at fault. Mind you she also lied about how the accident occurred. There were witnesses there trying to give there statements and not one was on the report. At the end the chp found me at fault of... Read more »

Alexander Bakhache Perez
Alexander Bakhache Perez answered on Aug 6, 2019

go through your insurance if that is an option, then subrogration.

if not then consult with an attorney with a free phone consult if they would take your case and the terms.

or small claim court if the amount is less than $10K and represent your self.

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