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3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

James L. Arrasmith
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answered on Mar 21, 2024

In California, under Proposition 213, if a driver is uninsured at the time of an accident, they are typically barred from recovering non-economic damages, like pain and suffering, even if the other driver is at fault. However, economic damages, such as medical bills and property damage, can still... View More

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4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

William John Light
William John Light
answered on Mar 21, 2024

I respectfully disagree with Mr. Selik. The attorney was representing the injured party in a personal injury case. Not a property damage case. It was not the attorney's duty to preserve or protect the car since he was not hired for that. Further, it does not seem that he could have done... View More

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4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, legal malpractice occurs when an attorney fails to use the skill, prudence, and diligence that other members of the legal profession commonly possess and exercise. In the scenario you've described, if the attorney was informed about the importance of the vehicle and its... View More

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1 Answer | Asked in Car Accidents and Criminal Law on
Q: I was a passenger in a car accident do I get charged aswell

The driver uses the car everyday and his parents doesn't use the car, he drives the car and told me to drive with him and after the accident happened his parents now wanna lay a case saying we stole the car because they are still paying the car and are having problems with the insurance so... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

Find out who's being charged. You're correct in posting under Car Accidents, but attorneys in that category usually limit their work to the civil end of the case (money damages for injuries). Your question is about the charges, and criminal defense attorneys are going to know more about... View More

1 Answer | Asked in Car Accidents for Florida on
Q: My son is being sued for injuries in a crash. How does he request the medical records of the plaintiff?
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Florida attorney could advise best and deserves the opportunity to respond first, but your question remains open for almost a week, and time is of the essence in a response here. If your son's car is insured, he should not be undertaking his defense by requesting the other side's... View More

3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 19, 2024

Your insurance policy terms and conditions should govern.

You want to read or have a lawyer read it to see what it says.

I assume insurance costs in Louisiana were lower, which is why many people do not register their cars in California.

If your policy does not address this...
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3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

William John Light
William John Light
answered on Mar 19, 2024

Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Over 2 years ago, bad injury on MTD bus SantaBarbaraCA. In 2 weeks received small check, final settlement, chicanery.

Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you've been injured in an accident involving a public transportation entity like the Metropolitan Transit District (MTD) and believe that the settlement you received was not fair or was agreed upon under misleading circumstances, you have rights that may protect you... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Over 2 years ago, bad injury on MTD bus SantaBarbaraCA. In 2 weeks received small check, final settlement, chicanery.

Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More

Ben Bingham
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Ben Bingham
answered on Apr 10, 2024

It sounds like you've been through a difficult and distressing experience. If you're seeking legal advice or assistance with your situation, it's essential to consult with a qualified attorney who specializes in personal injury cases. They can provide guidance on your rights, options... View More

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1 Answer | Asked in Car Accidents for New Jersey on
Q: I was involved in a non at fault car accident and my lawyer settled for the guys full car insurance amount of 250,000

My lawyer wrote me a check for 112,000 , and he took his 3rd and is holding 50 grand back he is than telling me that he has to check to see if Medicaid or Medicare are gonna take money yet my claim was paid straight from the veterans affairs , is my lawyer being sketchy

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

One would need to see the file to understand fully how your medicals were billed. If it turned out that there are Medicaid/Medicare elements to the billing of your medical services, those liens could take time to reconcile. It's possible your attorney could need to comply with the directions... View More

1 Answer | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Oregon on
Q: If inwas hit by a drunk driver almost 3 years ago as a passenger in car hit by DD with no Insurance can I still get paid

My liver, both kidneys were lacerated I was Internamky bleeding. Was asleep when the accident happened Ed woke up 2 days later in the hospital. Got subpoenad to court a d it was rescheduled showed up a second time t hey said they were gonna reschedule it again and then I never heard from them at all

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

An Oregon attorney must advise you here, but you await a response for two weeks. Based on available information from various online sources, which the public can readily find, it appears that the statute of limitations is generally two years for personal injury claims. Again, only a local attorney... View More

2 Answers | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

I'm sorry for the loss of the driver - it would probably be best to review the policy thoroughly, with an attorney if necessary, to find out exactly what benefits it includes. There are certain statutory minimum coverages included in auto policies across the nation, governed by state law. But... View More

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2 Answers | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

James L. Arrasmith
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answered on Mar 14, 2024

In the event of a single-vehicle accident where the policyholder crashes into a tree and dies due to a medical emergency, the insurance company's payment would depend on the specific coverage included in the policyholder's insurance policy. Here's what a typical insurance company... View More

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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Driver hit me and gave the officer invalid auto insurance information. Can the officer be held liable?

I got hit by a car in a crosswalk. He gave the officer invalid auto insurance info so now I can’t receive treatments and it complicates everything in my life right now.

James L. Arrasmith
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answered on Mar 13, 2024

In California, law enforcement officers are generally not liable for the actions of a third party, such as a driver who provides invalid insurance information. The officer's primary role is to investigate the accident, collect information from the involved parties, and create an accident... View More

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Driver hit me and gave the officer invalid auto insurance information. Can the officer be held liable?

I got hit by a car in a crosswalk. He gave the officer invalid auto insurance info so now I can’t receive treatments and it complicates everything in my life right now.

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

The officer didn't do anything wrong. The motorist provided the incorrect information. If this was done intentionally with the intent to deceive, it could compound the motorist's obligations. Most attorneys who handle such cases offer free initial consults. Good luck

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3 Answers | Asked in Car Accidents and Criminal Law for Texas on
Q: My husband was in a car accident this morning around 5 am. It was foggy and a dear jumped out in front of him. He swerve
Jared Perkins
Jared Perkins
answered on Mar 21, 2024

Take pictures of the damage and report the accident to your insurance company as soon as possible. Generally speaking, most polices, if not all, have a requirement in the policy to timely report the claim and to cooperate with any investigation. Failure to do so may cause your insurance to deny... View More

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2 Answers | Asked in Car Accidents for Texas on
Q: I recently bought a car and hour later I was tboned. I hadn't had time to put the title in my name yet. I have the titl

E and bill of sale. The former owner is filed and insurance claim stating she deserved the money even though she sold the car to me before the accident. Is she right can she do that or is this insurance fraud.

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

More important than the title can be the registration and insurance arrangements made. It could time to get titles in some cases, but registration and insurance arrangements could be coordinated with the transaction - those are more important than the official title materializing. Good luck

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2 Answers | Asked in Car Accidents for Texas on
Q: I recently bought a car and hour later I was tboned. I hadn't had time to put the title in my name yet. I have the titl

E and bill of sale. The former owner is filed and insurance claim stating she deserved the money even though she sold the car to me before the accident. Is she right can she do that or is this insurance fraud.

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because the car was sold to you before the accident, it is unlikely that the former owner's insurance company will honor her claim.

Your insurance company should honor your claim if you timely register the vehicle in your name (you have thirty days) and timely notified your insurance...
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