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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 Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 6, 2025

Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2025

I'm sorry for your injury. Based on the brief facts, it doesn't sound like you'd be in a strong position to claim compensation. As my colleague correctly points out, there would need to be some basis for the bus operator being at fault. Your travel insurance, or if you have a regular... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about your injury and the ongoing headaches you’re experiencing. It’s understandably frustrating when an accident occurs during what should be an enjoyable experience. In New York, you may be able to claim compensation for a head injury that occurred on a tour bus, but there... View More

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2 Answers | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Insurance Defense for Florida on
Q: Liability for slip and fall in iced over rented commercial property in FL.

My friend slipped and fell in the parking lot of my rented commercial property in Florida, which was iced over and had no warning signs. She requires surgery but did not notify the property owners because she said she has insurance and will be fine. I am required to maintain insurance for in and... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

If there's FAULT on your part, liability could potentially lie with both you [your business] and the landlord. Whether there's any potential court-finding of fault is an issue that would take a close examination of the facts and circumstances.

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Car accident with minor damage and large injury claim

While at a stop light, my car rolled slightly and scratched the car in front of me, causing minimal damage. The other party is now claiming $250,000 for bodily injury and loss of enjoyment of life. My insurance is reviewing the claim and suggested I might need to hire a lawyer. There is no... View More

William John Light
William John Light
answered on Feb 25, 2025

There is nothing to do now except allow your insurer to handle the claim. Attempts to transfer assets into other names will be deemed fraudulent. Further, based upon your description, such efforts are completely unnecessary. The amount for which a case settles compared to the original settlement... View More

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2 Answers | Asked in Car Accidents and Insurance Defense for New York on
Q: Is my family's car insurance responsible for my accident, NY?

I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2025

It sounds like your affairs were totally separate three years ago, and that you had you had your own separate insurance. Under those facts, that should limit any possible theories of recovery against you. With your arrangements now, it's difficult to say. Your assigned insurance attorney is... View More

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2 Answers | Asked in Car Accidents and Insurance Defense for New York on
Q: Is my family's car insurance responsible for my accident, NY?

I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 26, 2025

Your daughter's insurance company will not likely be responsible for the incident. Generally speaking, in New York, insurance follows the car, not the driver. Moreover, it appears your own insurance company has taken the lead in defending you in the lawsuit and would be first up for satisfying... View More

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2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: Can't verify insurance carrier's license and getting no response. What to do?

I am a claimant involved in a situation where a second-party adjuster, supposedly acting on behalf of a security guard company's carrier, reached out to the business owner of a restaurant I was at. This adjuster claimed to be opening a claim on behalf of the security guard company mentioned in... View More

William John Light
William John Light
answered on Feb 23, 2025

You can hire an attorney to help resolve your dispute with the security guard company, or file a complaint with the superior court over what ever your dispute is with the security company. If an an adjuster for an unlicensed insurer or adjusting company is engaged in attempting to investigate or... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Theodore J. Harvatin
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answered on Feb 23, 2025

They probably will not be able to prove you were under the influence but there’s nothing stopping them for making the claim although there should be some evidence to support it before they claim it is the case.

On your other thing, you probably received a letter from your insurance...
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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

Let's get something clear. When you have an accident, you are either at fault or not at fault. Beyond that, for the purposes of calculating the value of the claim nothing else matters. You could be a nun, driving sisters to a convent or you could be a junkie, with an open bottle of... View More

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2 Answers | Asked in Real Estate Law, Probate and Insurance Defense for California on
Q: How to cash insurance check for deceased co-owner in CA?

I jointly owned a home in California with someone who has passed away. I was notified six weeks after their death. Although I did not live in the home, I discovered someone moved in and caused damage to the property. The insurance adjuster confirmed that repairs are covered, and a check will be... View More

Nina Whitehurst
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answered on Feb 21, 2025

A probate attorney can first review the deed to determine whether you are now the sole owner of the home or a co-owner with the decedent’s estate. If you are a co-owner then a probate can be opened to get that share transferred to the decedent’s heirs. If no heirs come forward to run the... View More

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2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: How to handle car damage from an accident near US-Mexico border?

I was recently in an accident right after crossing the border from Mexico into the US, where someone hit my car, causing damage. We did not file a police report, but the other driver gave me their insurance information. How should I proceed with both insurance companies to address the damage to my... View More

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2025

If liability is solely on the other party, the two of you should be able to handle things solely through the other side's insurance. If the other side gave their carrier a statement, and the carrier is satisfied with the account of the accident, they could work with you - that would probably... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

I'm sorry to hear about the loss of your son. Any time there is a death or serious bodily injury, you need to be represented by an attorney. Determining fault is key to your wrongful death claim. Your son could bear responsibility if he drove negligently. The friend might be liable for letting... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 20, 2025

Well, I’m sorry to hear about the passing of your loved one and I extend my deepest condolences.

So from your facts, it’s ambiguous as to whether there was another car involved in this accident. The central question in this case is who caused the accident? If there was another vehicle...
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2 Answers | Asked in DUI / DWI and Insurance Defense for Virginia on
Q: Will I need an ignition interlock after DUI restriction ends?

I received my first DUI when I was 21, and my one-year driving restriction is about to end. I have completed all court-mandated programs, and there is no mention of an ignition interlock device requirement after the restriction in my court documents. I do not currently have a car in my name but... View More

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Feb 20, 2025

You should simply have to take a written test and pay the reinstatement fee to get your license back. However, I have seen the DMV state you have to get an interlock when the box was checked even when you never had on installed. This normally requires us to go back to the original trial court to... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for New York on
Q: Motorcycle accident in NYC bicycle lane; offered insurance settlement less than medical costs.

I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 19, 2025

Sorry to hear what happened to you. Although you could arguably obtain a verdict greater than $25,000 at trial, there is no guarantee that you'd be able to collect on a judgment. And that's assuming you win. Instead, the costs associated with going to trial will eat up whatever recovery... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for New York on
Q: Motorcycle accident in NYC bicycle lane; offered insurance settlement less than medical costs.

I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2025

I'm sorry about your accident. More information is needed for a meaningful analysis, but it looks like you are currently represented. That would place your attorney in the best position to know the important details of the file needed to make a sound decision. As my colleague correctly... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for New York on
Q: Motorcycle accident in NYC bicycle lane; offered insurance settlement less than medical costs.

I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More

Stephen Bilkis
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answered on Mar 12, 2025

I'm sorry to hear about the accident and the injuries you’ve sustained. In New York, when you’re involved in an accident, especially one where liability is contested, there are several factors to consider when deciding whether to accept an insurance settlement or pursue a lawsuit. Based on... View More

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1 Answer | Asked in Car Accidents, Products Liability and Insurance Defense for Texas on
Q: Airbags and seatbelts failed in 2022 Subaru Ascent wreck, next steps?

I was involved in a wreck while driving my 2022 Subaru Ascent Onyx Edition. During the accident, the airbags didn't deploy, and the seatbelts failed to lock. I've contacted the manufacturer, and they advised me to inform my insurance company. I would like to know what steps I should take... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2025

If you were injured, you can file a products liability case, more specifically a “crashworthiness” case against the manufacturer together with a personal injury motor vehicle accident (MVA) case against any other at fault driver. The trier of fact will apportion responsibility for your bodily... View More

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