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1 Answer | Asked in Car Accidents, Workers' Compensation and Public Benefits for South Carolina on
Q: Am I eligible for partial disability after a car accident in SC?

I was in a car wreck in October 2024, in which I was at fault, and I sustained severe injuries including a broken femur, back, ribs, jaw, and a brain bleed. I underwent surgeries for these injuries and have been in rehab for my thigh. Post-accident, I have been advised not to lift more than 25 lbs,... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Mar 10, 2025

You can apply for SSD. It matters not hurt. You cannot use an attorney the first time you apply. If you get turned down, you have 90 days within which to apply for what is called reconsideration. At that point, you can get an attorney. I do wish you the best.

2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?

My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More

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4 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for New York on
Q: How does the Graves Amendment affect a rental car accident case in NY?

My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More

Michael Bersani
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answered on Mar 7, 2025

The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to... View More

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4 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for New York on
Q: How does the Graves Amendment affect a rental car accident case in NY?

My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2025

I'm sorry about your son's accident. The Graves Amendment serves to protect rental car companies. It shields them from liability resulting from the negligence of the driver who rented the vehicle. What steps can you take to ensure fair compensation? If you are not already working with a... View More

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4 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for New York on
Q: How does the Graves Amendment affect a rental car accident case in NY?

My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about your son’s injury and the difficult situation you’re facing. It’s understandably frustrating when dealing with insurance issues on top of an already challenging recovery process. The Graves Amendment, a federal law passed in 2005, can impact rental car accident... View More

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3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Nebraska on
Q: Son sued for $7200 after uninsured car accident in Nebraska.

On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2025

As my colleague advises, it could worth reviewing things more closely and exploring whether a counterclaim might be worthwhile. According to your post, there is no official report. So Progressive's determination in all likelihood arose from their own insured's statement. Based on the... View More

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3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Nebraska on
Q: Son sued for $7200 after uninsured car accident in Nebraska.

On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2025

Addendum - Just an added consideration. Hopefully, something on the scale of $7,200 in damages would not make it to trial. But if it was not successfully disposed of in pre-trial, that element of not having insurance might not necessarily endear your son to the court. Something to think about in... View More

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3 Answers | Asked in Car Accidents and Consumer Law for California on
Q: Entitlement to new insurance rates after state limit changes post-accident.

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

William John Light
William John Light
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.

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Georgia on
Q: Is it worth suing an insurer for a lowball offer after a car accident in Georgia?

I was involved in a car accident where I T-boned a truck that made a U-turn in front of me. I was driving at approximately 52 mph. The police report indicates that the other party was at fault. My car was totaled, and I've suffered a lot of soft tissue damage, accumulating $6,400 in medical... View More

Michael W. Horst
Michael W. Horst
answered on Mar 6, 2025

Your question would be best directed towards your attorney since he/she knows the particular facts of your case best. Nevertheless, in an effort to provide you a response, I will answer your question the best I can.

For starters, insurance companies are not the named defendant in a...
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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2025

Personal injury lawyers won't take your case because they work on contingency, and without insurance there's no guarantee they will be paid. Personal injury cases can be complicated and there's a lot of work that goes into them, so PI attorneys aren't going to take cases where... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2025

Even if the driver who struck you had no bodily liability coverage, and you have no auto insurance, that driver's PIP (personal injury protection) should cover your medical bills, probably up to about $10,000. PIP gets paid directly to your medical providers. It's something that... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2025

I'm sorry about your accident. The only thing I'd add to the valuable guidance of my colleagues is that you may still want to consider reaching out to other attorneys. From your post, it appears you spoke with one attorney who declined your matter. You mention major pain; you do not... View More

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2 Answers | Asked in Car Accidents, Real Estate Law, Consumer Law and Personal Injury for Missouri on
Q: What are my legal options after uninsured motorist damaged my house in Missouri?

I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More

Anthony M. Avery
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answered on Mar 5, 2025

Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Personal Injury for New Jersey on
Q: I was in an accident and received a DUI in NJ with an ethanol level of 51.6. What to expect?

I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 4, 2025

Your ethanol level needs to be convereted to BAC level which is generally on the lab work. The DWI limit is .08 but you can still get a DWI even with a lower level than the limit as the limit is only a presumption that your driving ability was impaired by alcohol. Definately get a lawyer to... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Personal Injury for New Jersey on
Q: I was in an accident and received a DUI in NJ with an ethanol level of 51.6. What to expect?

I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?

Jay Bhatt
Jay Bhatt
answered on Mar 5, 2025

Based on your reported ethanol level, it’s likely that you were over the legal limit in New Jersey, where the per se limit for DUI is 0.08% BAC. However, various factors can impact your case, including hospital testing procedures and legal defenses. You may face DUI charges, potential license... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Personal Injury for New Jersey on
Q: I was in an accident and received a DUI in NJ with an ethanol level of 51.6. What to expect?

I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2025

I'm sorry about your accident. I hope all involved are okay. Aside from the criminal defense aspects that my colleagues address, there is the issue of possible claims if another vehicle was involved or if property damage was involved. Therefore, it would be advisable to consider placing your... View More

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2 Answers | Asked in Car Accidents, Civil Litigation, Civil Rights and Personal Injury for California on
Q: Can I sue the San Diego police for a faulty accident report blaming us?

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

Patrick William Steinfeld
Patrick William Steinfeld
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

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Is driver liable if my relative was backed over in 7-Eleven lot?

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

William John Light
William John Light
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

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1 Answer | Asked in Criminal Law, Car Accidents and DUI / DWI for North Carolina on
Q: Charged with Felony Serious Injury by Vehicle with DUI in NC, need new lawyer.

I am facing a charge of Felony Serious Injury by Vehicle in North Carolina after a car accident in which the person I crashed into fractured both of her wrists. The incident involved DUI on my part, but I don't believe the injuries warrant such a serious charge. I am not satisfied with my... View More

John D. Pritchard
John D. Pritchard
answered on Mar 2, 2025

That's bizarre. Many people get court-appointed lawyers at first and then hire their own counsel once they have time to raise funds to do so. I'm not sure why any attorney who wants to make money would hesitate to talk to someone represented by a court-appointed one.

That said,...
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1 Answer | Asked in Car Accidents, Criminal Law, Insurance Bad Faith and Personal Injury for Maryland on
Q: Can I press charges against a drunk driver who hit my car?

I was involved in an accident with a drunk driver who hit my car. Although he has insurance, he has been dodging calls from his insurance company for months. He is currently in jail for hitting another driver's car and injuring them. I have filed a police report, have pictures, a video of the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Maryland criminal law attorney could advise best on the issue of charges, but regarding the civil issues in your questions, it's possible the other driver is not able to respond due to incarceration. The carrier should still manage to process the claim and advise on their position. You... View More

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