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3 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: Were we offered a fair settlement or should we consult an attorney?

My spouse was injured in an auto accident where the other driver was negligent and at fault. He had pre existing spinal injuries that were worsened in the accident as well as new injuries including.

Injuries (New)

L2 - Disc bulge.

L3-4 - Bilateral facet arthrosis.... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2024

My colleagues raise good points. Looking at the findings that your case presents, some of them appear to be degenerative in nature, which means that at trial, the opposing attorney would argue are not causally related to the impact of the accident (things like arthrosis, scoliosis).... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Ohio on
Q: illegal left turn making me swerve them and crashing am i able to still sue? weboth have liability theirs is denying me

someone made an illegal left turn in front of me causing me to swerve them and crash. her insurance is denying liability since there’s no proof she caused it since we didn’t come in contact. (she did go into a local allstate unit and it was obvious she was in the wrong even tho they didn’t... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

I'm sorry about your accident. A Pennsylvania attorney could advise best, but your question remains open for three weeks. From a textbook standpoint, yes, you have a case. Although the other vehicle did not make contact with you, it appears that they were the cause of your accident. From a... View More

1 Answer | Asked in Car Accidents for Colorado on
Q: Would it be insurance fraud not to disclose a recent accident with an unresolved claim to new insurance company

I had a minor accident yesterday (10/12 - no injuries, cosmetic damage to both vehicles) where I will likely be determined to be at fault. My insurance coverage lapses on 10/16 and I was wanting to switch companies anyway. I can get a policy that starts 10/14, before the other party’s claim... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2024

A Colorado attorney could advise best, but your question remains open for a week. Until you're able to consult with a Colorado attorney who could advise under local law (insurance industry practices involve state law across the nation), the short answer is that it's possible an insurance... View More

4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Leon Bayer
Leon Bayer
answered on Oct 15, 2024

As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by...
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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

I'm sorry about your son's accident and ordeal. I hope everyone is okay. It's your decision, but there's something to be said for handling this through your insurance carrier... how do you know the other driver won't come back in 10 months with an injury lawsuit? An... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I live in Texas and was in a car accident. Can I negotiate the $2,000 the other insurance co is offering?

I live in Texas and was in a car accident in Sept. I received info from the other insurance company today that I am not at fault. It was road rage by the 25 y/o female. I'm 65 y/o. I pay out of pocket and then submit to PIP for my doctor visits, MR, x-rays, and PT. The insurance will pay for... View More

James Clifton
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James Clifton
answered on Oct 11, 2024

Compensation for damages arising from an automobile accident is always negotiable. The amount of damages you receive is a combination of medical expenses, physical damage to your body, damages to your vehicle, and pain and suffering. When you are not represented by an attorney, the at-fault... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: Daughter was in a wreck (other party is 100% at-fault)

At-fault party's insurance is State Farm who I have been fighting with over valuation (they decided that her car should be totaled). They are way off of what local comp value is locally. I asked for additional compensation for loss of use and economic damages, but they blew me off and... View More

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

There's nothing wrong with you contacting the direct party, but I'm not sure it will be worth your time. Most people are just going to defer to their insurance, and I doubt the adjuster is offering anywhere close to their policy limit, so it's just going to circle back to the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: My wife was involved in an at fault accident and was sent an affidavit. Don’t know what to do!!!

As the titles says my wife was in an accident in January, it is now October. We just got a letter from the other persons lawyer requesting that she sign an affidavit saying she wasn’t doing DoorDash or anything like that, however they never asked us that before and now we don’t know what to do.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. Being presented with an affidavit from the opposing attorney is usually something that serves the interests of the other side - not yours. But that's only a general premise. One would need to see the wording... View More

4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 8, 2024

Although cases against public entities such as the MTA generally take longer than cases against private defendants, eight years is a bit long. Best to speak with your attorney and ask about the status of your case. Given the age of your case, it should arguably be on the trial calendar. Keep in... View More

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4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Craig Z. Small
Craig Z. Small
answered on Oct 7, 2024

There could be a number of reasons. First, make sure your attorney filed the proper notice of claim and filed suit timely. There are deadlines for legal malpractice as well. Otherwise, call your attorney and ask why. Unless the case experienced the wrath of covid-delays, a trial, or an... View More

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4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A 2016 case - that seems like a long time - I agree with my colleague there. If it was a Department of Transportation vehicle, that could make for a long timeline - especially if liability was contested. On the other hand, if the Department of Transportation context is based on your case involving... View More

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4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Michael Bersani
PREMIUM
Michael Bersani pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2024

That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your... View More

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1 Answer | Asked in Consumer Law and Car Accidents for Illinois on
Q: Should the car insurance have provided me a car rental / paid for my car payments while my car is in the shop?

For a deer collision? My car was in the shop for 6 months, and i was only given 30 days of car rental. I continued paying for my car even though i wasn't driving it. I had no vehicle for 5 months. I have a full time job, and i’ve missed a lot of work. Should the insurance have paid for my... View More

Charles Candiano
Charles Candiano
answered on Oct 7, 2024

This is not a legal question but I will answer it as best I can from personal experience. When you purchase car insurance, car rental coverage is usually defined by duration and the amount payable per day. For example, 30 days at $50 per day. The duration is generally fixed at 30 days. The only... View More

1 Answer | Asked in Car Accidents for South Carolina on
Q: i was involved in non at fault accident other party issued citation for failure to yiel my car is totaled!

My myself and my child were involved in a not at fault accident, pretty sure my car is totaled is 11 years old with over 120,000 and significant body and frame damage, I owe more of the vehicle than its worth about 6000.00 more, Im going through the responsible partys insurance they were in a... View More

Robert Fredrick Goings
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Robert Fredrick Goings
answered on Oct 7, 2024

If you have a balance remaining on the car loan that exceeds the actual cash value of the vehicle , the insurance company will likely not want to pay off the loan balance. The law states that you are only entitled to the actual cash value, but there are some legal argument that an experienced... View More

1 Answer | Asked in Car Accidents and Municipal Law for Florida on
Q: Is it legal in Florida to straight pipe a motorcycle?

In a previous accident, I was told by the driver that caused the accident that the reason she pulled out was because she couldn’t hear me and it looked like I was farther away. My new motorcycle is decently quiet for it size, so I wanna make sure that people hear me so that they can be aware of... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 4, 2024

Sorry to hear about your accident I'm not familiar with straight piping, but for guidance, see Fla. Statutes Section 316.293, which you can find online. Subsection (5) thereof states:

(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.—

(a) No person shall modify the exhaust...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a car wreck in April 2024 we we. re toned flipping the truck over
James Clifton
PREMIUM
James Clifton
answered on Oct 1, 2024

First, seek medical attention for your injuries and follow through with treatment. In order to be fully compensated, doctors will whether you will fully recover or if there are injuries that may be permanent.

Second, keep records of the accident including witness information, the police...
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1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Q: I need help/advice for a personal injury lawyer for a very complex personal injury case.

I would like to say that I am doing my own research and am asking for others' help right now. In April this year I was a passenger in a taxi and another driver side swiped us going maybe 20-30 miles per hour. I have lots of other pre-existing lower back problems and neck problems from... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2024

I'm sorry about your accident and the ordeal it has caused you. A Kentucky attorney could advise best, but your question remains open for a week. You're right - it is a complex case, between the pre-existing conditions and the involvement of multiple vehicles - but it isn't something... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Ohio on
Q: Ohio; loss of use of my vehicle included in bodily injury claim? Bodily injury should include mental health?

I’m trying to get loss of use compensation from the insurance company if the girl that hit me last year. They responded that they already paid my insurance company for loss of use and all other claims are under my bodily injury claim. My insurance company has no record of them send payment for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2024

An Ohio attorney could advise best, and more specifically, your own attorney on the case. But your question remains open for a week. It's difficult to give a "short answer" here because loss of use of your vehicle could depend on your policy and/or liability in the case. This may or... View More

2 Answers | Asked in Car Accidents for New Jersey on
Q: Is a police report necessary to sue for injury and mental distress for an accident that occurred 1.5 years ago in NJ USA

I was involved in a car accident over a year ago where neither party was apparently injured with very minimal damage. I was clearly at fault but the opposing party even refused to get police involved and said it would be best to handle it ourselves. We exchanged insurance information and today (a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

They can still sue without the report. Their case would probably be stronger with a report. At any rate, don't dwell on that point - it's just one of the details of the case that will be sorted out. Notify your insurance carrier without further delay if you haven't already done so.... View More

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3 Answers | Asked in Car Accidents for New York on
Q: After a car accident, does it make sense to file a claim with the other parties insurance although mine found me liable?

I recently got into a car accident. I stopped at the stop sign (two way stop) saw nothing went through intersection. As I’m almost out of the intersection a car t-bones me on the passenger side. My insurance found me liable because I had the stop sign. Does it make sense to file with the other... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

If there's absolutely no basis on which to bring a claim, it could be a waste of time. If there is any basis, even if small, it could be worth exploring, since New York is a comparative negligence jurisdiction. That means that someone might have the basis for a claim even if the other side was... View More

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