California Car Accident Legal Questions

You can request a correction or supplement to a police report, but you generally can’t force the officer or department to change it. In California, police reports reflect the officer’s opinion at the time of the crash, and they are not legally binding when determining fault in insurance claims or lawsuits. If you have dash-cam video that clearly shows what happened, you should provide a copy to the investigating agency and ask that it be added to the case file as supplemental evidence. You can also submit a written statement or “counter-report” explaining the errors and including your supporting evidence. Even if the officer doesn’t amend the report, you can use your video and statement to challenge fault with your insurance company or, if needed, in court. Insurers and judges rely on evidence, not just the report’s conclusions. If the accident involves significant damages or potential liability, a California personal injury attorney can help present your video evidence effectively and, if necessary, dispute the officer’s findings through proper legal channels.... Read More

Yes, if your parked car was hit by a drunk driver, you typically have a strong basis for pursuing a claim for property damage. If you are involved in a car accident where an uninsured drunk driver hits your parked car, you may have legal options to seek compensation for your damages. Gather Evidence - Gather the necessary documentation, including photos of the damage and any estimates for repairs. If you have surveillance footage, send it to the insurance adjuster. Negligence & Liability - To sue for the full value of your car, you would generally need to establish that the uninsured drunk driver was negligent or at fault for the accident. You would need to demonstrate that their actions directly led to the damage to your vehicle. Value of Your Car - The value of your car at the time of the accident is an important factor. If the cost of repairing the damage exceeds the current value of your car, you may be able to seek compensation for the full current value. Legalities - Seek Legal Advice for an attorney who can help you navigate the claims process and ensure that your rights are protected. They can also assist you in negotiating a fair settlement or taking legal action if necessary. In some cases, you may be able to file a lawsuit against the uninsured drunk driver to recover damages. Please be aware that an attorney-client relationship is formed only when there is a signed written agreement between you and the attorney explicitly outlining the terms and conditions of that relationship. Any communication or interaction through this platform should not be interpreted as creating such a relationship.... Read More

Yes, if your parked car was hit by a drunk driver, and the police report places the drunk driver at fault for the accident, you typically have a strong basis for pursuing a claim for property damage.  Notify your insurance company about the accident as soon as possible. Provide them with the police report and any other relevant information. Depending on your policy and coverage, your insurance company may pay for the repair or total loss of your damaged vehicle. This is often the quickest way to get compensation for your property damage.  Gather the necessary documentation, including the police report, photos of the damage, and any estimates for repairs. Try going to the scene of the accident and get surveillance footage, if available. You can potentially get the vehicle's information such as the make, model, or license plate.  Seek Legal Advice for an attorney who can help you navigate the claims process and ensure that your rights are protected. They can also assist you in negotiating a fair settlement or taking legal action if necessary.  Please be aware that an attorney-client relationship is formed only when there is a signed written agreement between you and the attorney explicitly outlining the terms and conditions of that relationship. Any communication or interaction through this platform should not be interpreted as creating such a relationship.... Read More

I would suggest that your daughter and/or her father contact her automobile insurance company/agent and do what is called "tender the defense and indemnity" to them.  Hopefully, the insurance company will assign an insurnce defense attorney to defend them and hopefully settle the case for them.   If the insurance company denies the claim please feel free to reach out to me to discuss.... Read More

Hello, I am sorry to hear about your accident.  I would urge you to consider retaining an attorney whose practice is focused on personal injury cases as mine does.  The other driver's insurance coverage will not cover your medical payments but your policy may pay a limited portion of your medical bills regardless of who is at fault.  Medical payments in some insurance policies require thatyou reimburse your insurance comapny if you later collect from the other driver. If I can help you in any way please feel free to contact me.  ... Read More

Yes, you have a case.  No matter whether the car that hit you was hit from behind, the driver of the Prius that hit you is required under the CA Vehicle Code to maintain a safe distance behind your vehicle sufficient to prevent such an accident.  The only time I could see the Prius' insurance denying your claim is if you were both stopped at a stop light, e.g., and the hit and run driver then hit the Prius pushing him into you.  Then you would need to make an uninsured motorist claim with your insurance.... Read More

Airbags aren't typically designed to deploy in rear-impact crashes, since the danger to a person from their body being thrust forward against the steeringwheel/dash is very low (as the seatbelt should restrain you upon the recoil effect from the rear impact).  Also, if you had no insurance at the time of the collision, you will not be allowed to recover pain and suffering damages for your injury from the responsible driver's insurance.  Unless you know for sure that your Escalade was designed with rear-impact airbags, and/or the recall was for such equipment, it sounds like you don't have a products liability case.... Read More

If there are valid medical liens on your settlement, there's not a whole lot you can do to expedite their resolution.  You can ask the attorney for the names of each of the medical providers who have liens and call them yourself to request they speed up the settlement process.  If you believe your attorney did not settle when you asked him/her to do so, you can report them to the CA State Bar as doing this is a violation of the Bar's ethical rules.... Read More

OK so the first thing you should do is to turn the matter over to your automobile insurance carrier. They will defend the action as well as provide coverage in case the case is tried to verdict or it settles before that. As far as who is at fault for the accident, you would have to read the police report, and any witness statements that are attached there too. As a party to a car accident, you have the right To get a copy of the police report.... Read More

So you should retain counsel and obtain copies of the police reports. Your lawyer should look at the police reports and , disclosed on those documents, will be the insurance companies representing each of the parties which would be the policeman and the other driver. Despite that this was an accident involving the police department, they still could have some liability if they were driving at excessive rate of speed. So once these documents are obtained by your counsel, you can sort this all out with the insurance companies. Feel free to contact regarding additional questions.   Stephen Black 407-581-2581... Read More

Be advised, that if you were convicted of a DUI, then you are at risk of being hit with punitive damages. If you have money, hire a civil defense attorney by the hour to assist you.  You need to protect your assets. If you have no assets, it is unlikely that they will be able to collect anything from you.  In that event, contact a bankruptcy attorney to discuss your options.  Best of luck... Read More

Are you are making a bodily injury claim for your son against the driver's insurance?  If so, I would not give them any additional statements.  You are under no obligation to do so and do not have a duty to cooperate with them.  Hire an attorney to help your son.  Best of luck.... Read More