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Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: No fault accident, if I only receive enough to pay off car, can I sue to get additional to purchase another vehicle?
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2024

Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: in an accident I’m not at fault it was a 3 car collision in a different state I have no medical coverage here WDID?

My daughter 13yrs old and I have injuries and I’m not sure what to do about getting seen.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

If you and your daughter were injured in a three-car accident and you weren’t at fault, the first thing you should focus on is getting the medical care you need. Even if you don’t have medical coverage in your current state, there are options available.

Here’s what you can do:...
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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I am on the title of the car, my son caused the accident. Will my assets be at risk?

The lawyer wants information for umbrella. My son was not listed as the driver on the umbrella policy. We own the car. Son was on the auto insurance but not umbrella. The vehicle was listed on the umbrella. He caused the accident while he was 17 years old (now he is 18). So, Do we need to provide... View More

William John Light
William John Light
answered on Sep 22, 2024

The owner of the vehicle is liable for its use, up to $15k per person or $30k per accident (if multiple persons are injured). If you knew or should have known of your son's propensity to drive negligently, you could have your own liability for allowing him to drive the vehicle. However,... View More

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2 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Washington DC on
Q: Hello, one of my former employees was involved in a minor car accident during his work shift in company van.

Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

I agree with Attorney Socci's analysis, but you have some other problems. You haven't said where he drank the beer, or whether the vehicle was moving (appears to have been drinking in vehicle b/c on dash cam video.) Virginia's vehicle code would probably prohibit drinking alcohol... View More

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2 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Washington DC on
Q: Hello, one of my former employees was involved in a minor car accident during his work shift in company van.

Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More

Laurence L. Socci
Laurence L. Socci
answered on Sep 19, 2024

Good morning -- If this case goes to litigation, you will have to duty to turn over any dashcam video if the other side asks for it. On the other hand, you have no duty to voluntarily relinquish it since him drinking one beer does not appear to be an issue. I am assuming he was not charged with a... View More

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1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: My husband caused an accident and was issued a citation for running a red light. No injuries. Court appearance required.

My husband, 28, has a clean driving record prior to this incident. He got t-boned in an intersection and was issued a citation from the reporting officer for running a red light. The officer told him, because it was a collision, that traffic court is required. Why is that?? Will it be considered... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2024

An Illinois traffic ticket defense attorney should advise, but you await a response for over a week. The short answer in most places is that it shouldn't be considered reckless driving if it didn't involve speeding, a distraction, or other factors. In many instances, it would be failing... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Traffic/Civil case

Google map led me the customer neighbor's house - the house is on a small hill with long/driveway.

The moment I was close the the house and I realized that it's was the address. I started to make a 3-point turn. Half way before I complete the turn, the owner got out and start... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

That's a wild sequence of events. What you're describing could be charged criminally in a number of ways, including unauthorized use of a motor vehicle and destruction of property. It's a shame that there is apparently no dash camera footage of this incident as that would settle a... View More

3 Answers | Asked in Car Accidents for California on
Q: How to defend myself in small claims suit for auto accident where I was at fault?

I was just served small claims court papers for an accident 3 years ago (they filed one day after the 3-year mark) where I was involved in a multi-car pileup on the freeway in which I was listed as the at-fault party. My insurance provided them a settlement, however it appears that was not... View More

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2024

Turn the papers over to your insurance carrier without further delay (make a copy for your own files). They should handle it. If they obtained a release from the claimant, the first thing your carrier will probably do is to see if that release disqualifies this subsequent claim. In either event,... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Hello, I was hit as a pedestrian in crosswalk and received medical treatment. I wound up dropping atourney received full

Policy limit agreement to my demand. The insurance claims is now asking for liens and if there's a lean with old atourney.

I said there's no leans with atourney and he has a copy of itemized billing for treatment.

Is my lien now considered medical billing since I'm... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Since you no longer have an attorney, the focus is on any medical liens, which represent unpaid medical bills. Insurers typically settle these liens first to meet legal obligations, which may delay your settlement. You can negotiate the bills with medical providers before the settlement is... View More

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1 Answer | Asked in Car Accidents for Colorado on
Q: My lawyer requested a reduction from Medicaid since I’m receiving a settlement. How long does it take?

I was in a car accident and have Medicaid and Medicare.

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2024

A Colorado attorney could advise best, but your question remains open for a week. It could depend on the amount of the lien and who is handling it. If the lien is assigned to an attorney, and a third-party administrator is involved, it could easily take several months - depending on the TPA and... View More

1 Answer | Asked in Car Accidents and Criminal Law for Colorado on
Q: Issued a careless driving charge for car accident, want to represent my self and reduce charge. How?

Careless driving charge for car accident

Possibly due to seizure (First)

Seizure free for 6 moths

Court doesn't know about seizure yet

I am only one that was injured

Want to represent my self

Want to reduce and come our with clean or expunged record for the future

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

A Colorado criminal defense attorney should advise here, but your question remains open for almost two weeks. I recommend considering a consult with a criminal defense attorney. It's likely that your question was missed because it was overlooked under the "Car Accidents" category.... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: I was hit by a drunk driver , she was taken to jail , my car is totaled , I'm left paying for Ubers what should I do.

Her insurance company is stalling I had very minor injuries, I've recently just put a transmission in my car and now it's completely destroyed, I need help badly , this is affecting my mental health and job stability and severely out of pocket ubers

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

A Kansas attorney could advise best, but your question remains open for a week. There is no direct "quick fix" answer to your question of what you should do that would fit in a Q & A forum response. The short answer is that you should consider setting up a free initial consult with a... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Q: I got into a car accident, the person who claimed liability lives out of state their insurance does not cover my cost

They already took my car and here it is almost 3 months later and they still have not sent payment over I'm having to pay for a rental out of pocket, and harassed to put this under my insurance when I'm not the one who took liability what can I do to get this going. They deemed my... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2024

A Missouri attorney could advise best, but your question remains open for a week. Your reluctance to handle this through your own insurance is understandable if the other side was at fault. However, sometimes that could be a viable option - depending on the basis of (and legitimacy of) the other... View More

4 Answers | Asked in Domestic Violence, Family Law and Car Accidents for California on
Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t

That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: What dose ocga 33-24-41.1
Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The... View More

1 Answer | Asked in Car Accidents for Arkansas on
Q: I don't have the title on a total loss of a vehicle..it's registered my name w/ documents of personal property tax paid

Is that enough proof of ownership

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Until you have the chance to consult with a local attorney, a title is usually used to prove ownership. You could find out from your DMV how long it takes to get a duplicate title. If your vehicle is declared a total... View More

2 Answers | Asked in Personal Injury, Contracts and Car Accidents for Georgia on
Q: Are indemnification clauses common in personal injury settlement agreements?

Indemnification, it says if the insurance company or their driver gets sued by anyone related to my injuries , such as medical provider or any other person or entity then I have to defend and reimburse the insurance company or driver for any further action or costs , including any attorneys fees .... View More

Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are...
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2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

You've probably placed your insurance carrier on notice already. This enables them to anticipate any future claims for property damage or bodily injury. Based on the circumstances, the average person would probably find your actions justified, since they were based on reasonable fear and not... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

How lucky an officer was nearby! I would still file an accident report for insurance purposes. I would also let your insurance know what you indicated here: that you were in fear for your safety and drove away from an unsafe situation. They can determine culpability for the damages. You may also... View More

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