Get free answers to your Car Accidents legal questions from lawyers in your area.

answered on May 18, 2024
Lost wages are generally recoverable in all accidents. That's the short answer. However, every accident could be different in terms of the entities involved and the way fault is split between the parties. One would need additional details to advise you meaningfully, such as whether you have... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

answered on Apr 25, 2024
The bottom line is for most personal information, no you cannot.
While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

answered on Apr 25, 2024
From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

answered on Apr 30, 2024
Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.
A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

answered on Apr 25, 2024
Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck
I was charged $206.77 on the rental car for the insurance. Since the accident was not my fault. (She rolled through a stop sign and T-boned my car. I called her and her father called me back saying they will not pay anything and was super rude. How can I get my money back from them?

answered on Feb 7, 2024
I hope you're okay. If there were no injuries, which your post suggests, your options could possibly include small claims or civil court - carefully review any denials from the insurance carrier. They may in their fine print include additional information about your recourses and the suitable... View More
I was charged $206.77 on the rental car for the insurance. Since the accident was not my fault. (She rolled through a stop sign and T-boned my car. I called her and her father called me back saying they will not pay anything and was super rude. How can I get my money back from them?

answered on Feb 9, 2024
As my colleague correctly advised, unless the insurance company of the rental agency (or perhaps your credit card company) is willing to go to bat for you, you'll have to bring a proceeding in small claims court against the woman whose vehicle hit you. Given the amount in controversy, it is... View More
1: I will be paid $1,200 immediately if I leave the town immediately and promise never to return or
2: I will be paid $1,000 per month for 12 months if I agree to live in the streets for 12 month.
Was this legal and why should I, a debt-free non-criminal college educated... View More

answered on Jan 13, 2024
The conditional settlement offered to you in 1997, where you were given two options, raises several legal and ethical concerns. Firstly, it's important to understand that such settlement terms, which essentially require you to leave town or become homeless, are highly irregular and likely not... View More
A Settlement was offered based on condition:
Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return.
Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets.
Was this legal?

answered on Dec 22, 2023
So sorry to hear what happened to you. There's nothing illegal about making you a low settlement offer; insurance companies do it all the time, especially when someone is representing themself. The only way an insurance company will take your case seriously is if you hire an experienced... View More
A Settlement was offered based on condition:
Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return.
Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets.
Was this legal?

answered on Dec 19, 2023
I'm very sorry for your accident and your serious injuries. You should consult with an experienced attorney right away. There are too many elements to address in the brief scope of a post here, one of the most pressing being the IMMEDIATE AND URGENT filing for no-fault benefits to cover your... View More
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

answered on Dec 22, 2023
Most contingency fee retainer agreements provide for an attorney fee to equal 1/3 of the settlement amount AND reimbursement for any costs incurred by the attorney in prosecuting the case, e.g. court fees, medical record fees, expert witness fees, etc. Your attorney should have provided you with a... View More
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

answered on Dec 1, 2023
What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.
Certain costs may be... View More
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

answered on Dec 1, 2023
Some of these things may be outlined in the retainer agreement, which is usually signed at a client intake meeting. Attorneys do deduct some of the costs mentioned here - court filing fees, summons and complaint process server fees, medical records, etc. It could depend on what you and your... View More
If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge?

answered on Nov 30, 2023
I can only speak for the civil, car accident-related attributes of the scenario. The criminal law attorneys here would have the strongest insight into how the matter would be handled by the district attorney's office. But from a general evidentiary standpoint, it seems likely that the DA will... View More
If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge?

answered on Nov 28, 2023
This would likely not be considered murder legally, due to the fact that the drunk driver was already deceased when the assault occurred. However, the assault could still potentially carry charges such as:
1) Abuse of a corpse: It is generally illegal to physically assault or mutilate a... View More
I co-signed my brother's car loan in New York, and he recently got into an accident. The car was parked on a lot for 10 months, accruing a $10,000 parking fee. Even after contacting the impound department, I received no communication regarding options to deal with the situation or purchase the... View More

answered on Apr 12, 2025
It sounds like you're in a difficult situation, as co-signing on a loan means you're legally responsible for the debt if your brother doesn't pay. However, the lender's lack of communication regarding the impounded car and your brother's situation is concerning. You should... View More
In a no-fault collision case in New York, my lender received payments from both the auto insurance of the guilty party and my NY Gap Insurance. However, they only applied part of these payments to my remaining loan balance and labeled it as a "rebate." They never provided an explanation,... View More

answered on Apr 12, 2025
It sounds like your lender may not be following the terms of your loan agreement. Typically, when you have gap insurance, the payout is meant to cover the difference between your car's value and your remaining loan balance in the event of a total loss. If your lender received both the auto... View More
I hit the guardrails to avoid the usps from hitting my vehicle. Driver stopped admitted she never looked. When cops came she denied being at fault

answered on Oct 13, 2024
The USPS driver owed you a duty of care. If they failed to meet that duty, it does not matter that there was no contact between your vehicles. (There are exceptions to this, such as in a hit and run scenario).

answered on Aug 27, 2024
I'm sorry your son was in an accident. Based on these limited facts, it's difficult to tell. Once the police report comes out, that could help you figure out who was responsible. I'm glad no one was hurt. Good luck
DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More

answered on Apr 19, 2024
Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.