California Car Accident Legal Questions

Good morning, In California, settlements are a gross amount that us to be used to pay all the cost and bills associated with the persons injury. This breaks down as usually (sometimes amounts split will vary) 1/3 to pay all medical bills, the bills will be negotiated by your lawyer who will get agreements from each medical provider to accept a certain amount. These lien reductions are usually a pro raated amounts that will ultimately add up to approximately one third of the total settlement.  The lawyer will have his fees, Attorney fees range from 33.3% to 40% depending on the law office and the type of case. Further, the law firm will also collect any cost associated with  your case. For example, when our office request medical records from a hospital, we usually have to pay a request fee and a per page fee for those records. Some firms also charge for postage, paper, etc, while other charge a one time "admin" fee that covers all those cost.  Finally, after the medical bills have been paid, the law firm has been paid, and all cost accounted for the remainder goes to the client. Usually that amounts to one third of the settlement.  Just as a note. Your attorney's job is to make you whole. This means that we try to put you in the position you were in before the accident. This means that your special, or economic damages are paid, and that you get money in your pocket for general, or non-economic damages. Paying the bills is our requireement to care for your special damages and the money you recieve is the non-ecoomic damages. ... Read Answer

Good morning, and thank you for the question. Police can hold onto evidence while they are investigating a crime. Here the crime is hit and run with injuries. For a number of reasons, including potential charges of tampering with evidence, the police and district attorney's cannot and will not allow evidence that could potentially, harm their case agaisnt the driver be held by a third party, even if that third party is injured. Once the police determine the driver and an arrest is made, usually, with a subpeoana they will then turn over the video. By that time though, you will have information on the person who caused the injuries and will be able to get compensation. Please note, that becasue it is a criminal investigation, your mother will be asked to help in the prosecution, and will also be able to ask for restitution from the driver. This is seperate from a civil action your mother also has against the driver. ... Read Answer

thank you for the question. Because your vehicle was uninsured, and assuming you did not have auto insurance on another car you fall under the category of "prop 213". This is a California propsition passed about 15 years ago that does not allow for uninsured drivers, and a couple of other types of drivers from recieving general damages (pain and sufferining) from an auto accident. That is the bad news.    But, you are still able to get compensation for your injuries, and are able to get your car and property repaired or fixed. ... Read Answer

Hello, You have a valid cause of action against not only the grocery store owner, but the owner of the property as well.  You were on their premises legally and they owed you a duty.  This duty was breached when the metal sign was not secured in place safely which ultimately caused harm to you and your vehicle.  We can be reached at (888) 240-1666 to answer any further questions you may have. Sardarbegian Law!... Read Answer

Good morning,    as to you question about fault. Your insurance company is bound to defend you on any claims that you are found to be at fault for based on negligence. This means that the accident occured because it was simply that, an accident. Your insurance company will not defend you if the collision was considered intentional. I mentiion this because of the road rage portion. From what you said you had an accident and the other driver went over the edge. Based on these facts, you should report the accident to your carrier, you will be assigned an adjuster, and if you are sued, your insurance will provide you with an attorney. ... Read Answer

Good morning,    Your question involves liability. If you go to small claims court and win your case you the insurance company will more likely than not pay the judgment. Keep in mind that you are NOT suing the insurance company. You are suing the driver of the vehicle that struck you. Further, it is a small claims TRIAL. You will be presenting your evidence, and the other driver will be doing the same with the judge as the finder of facts between the two of you. If the judge finds for you, typically the other drivers insurance company will cover the losses for their driver.    More notes to keep in mind, if you go to small claims court, no attorneys can be present during the trial. But, the insurance company will usually send an adjuster to the trial, and will have an attorney prepare the driver for the trial. Depending on the damages, you may want to look into consulting with an attorney to determine if your damages are more extensive than the limits placed in smaill claims, and to discuss options and strategies to use if you decide to proceed in smalll claims. ... Read Answer

Your insurance company is required to appoint defense counsel for you.  If you have not been contacted by a defense attorney, contact the claims representative at your insurance company and find out what is going on.  You should also find out if the plaintiff's attorney has made a "policy limits demand," when it was made, how the insurance company plans to respond, etc.  You are entitled to know all of this information, and you should insist your insurance company keep an open chain of communication with you about your case.  Also, have you received a "Reservation of Rights" letter from your insurance company?  If not, find out if they are going to issue one or if they are reserving their rights.  If they are, you may have the right to have independent counsel appointed to represent you on your insurance company's dime, but I would need to know more information before I could definitively address that or allay your other concerns.... Read Answer

Hello, The first thing I have to say is why have you not hired an attorney yet? We had a case just like this a couple months ago, we got on the case and we got four times what the initial offer was.  No insurnace company is going to take you seriously if you file a case without an attorney. There is a discovery process that needs to be done, there are deadlines, these are all things that take years to learn. Just hire an attorney, let them do all the work and benifit from the money they are able to get for you!   To answer the question, you sue the insurance company.... Read Answer

You must look at the insurance policy and then contact thew carrier to see if you were a permissive and covered driver for his car. ?If not, so you had no insurance, you can still collect your out of pocket damages but nothing for pain and suffering [the owner obviously collects the property damage and loss of use].... Read Answer

Do about what? Get reimbursed for your property damages? You make a claim against the other driver with his insurance company and try to convince them you were going a reasonable speed, the other car had to yield to you as it was merging into your lane, by the time you could possibly be aware it would try to merge it was too late to avoid hitting the other car.... Read Answer

How did the car dealership act negligently when there was no reason for them to think the air bag might not deploy properly? Your suit would be against the manufacturer of the airbag and perhaps the maker of the car. There are attorneys who handle such cases and you should speak to them to see if you have a case and whether your damages [you don't say what injuries occurred] justify a suit or even settlement demand.... Read Answer

First of all, you place your self in potential criminal liability by knowingly making a false police report. Do not do it; making the false claim does not mean the insurance company will necessarily believe you instead of speaking to the young boy, who they will contact to see if he can pay for the damages or has his own coverage. Check your insurance policy exclusion of coverage language to see whether infrequent usage by a non-household driver is covered but since he may not have had a license and even if he did he could not drive without an adult in the car, so that probably automatically voids any coverage. Ask his to pay for the damages. If your daughter is a minor, what was she doing with your car? Read her the riot act.... Read Answer