California Car Accident Legal Questions

It sounds like the insurance company is trying to get you to agree to a quick and almost certainly low settlement. Do not sign anything without first consulting an attorney.  The value of your case is typically determined by looking at the medical bills that you have incurred, future medical bills that you are likely to incur, any lost wages that resulted from the accident, any ongoing health issues that you may deal with as a result of the accident and past and future pain and suffering resulting from the accident. Insurance companies commonly try to settle these cases very quickly before an individual has a chance to really evaluate the extent of their injuries or speak with an attorney. Please let me know if you would like to speak about this.  Thanks,Jon... Read Answer

Your roommate has to check if the insurance goes with just his car or covers him when he is using someone else's car. If he stole your car, he is guilty of a felony. If you had uninsured motorist coverage you might be able that your insurance applies because he was uninsured for the crash, but I assume you did not buy that coverage. Get him to sign a document stating precisely how much he owes you and is to pay you per month, plus interest, and that if he misses more than one payment he agrees to stipulate to the debt if you sue him [judgment last 10 years and can be renewed indefinitely, but you have to find him to collect].... Read Answer

Assuing the collision was at more than 25 mph, normally the air bags should deploy, so a defect could have been involved.  However that doesn't necessarily mean that you would sue either the manufacturer or the dealer - you first have to prove that the failure to deploy caused you more injury than you would have suffered if it had worked properly.  Obviously you do have a claim against the drunk driver (assuming he or she was responsible for the accident, of course). You'll need to sit down with a lawyer to get more definitive answers.... Read Answer

If she had a medical condition that could have impaired her ability to drive, this could be a factor in assigning liability. Documentation of the accident will help establish who is at fault: a police report, pictures of the accident, witness testimony, etc. Sharp back pain can be a sign of other injuries including soft tissue injuries or spinal cord damage. You should definitely seek medical attention if the pain persists.   As far as quantifying damages, you should speak with an experienced auto accident attorney to come up with a fair settlement amount to ask for. Medical expenses and lost income are easy to put a number on, but non-economic damages are more subjective. D’Amico, Griffin & Pettinicchi, LLC465 Straits TurnpikeWatertown CT, 06795Phone: (860) 945 6600... Read Answer

With injuries as severe as yours, and long-term medical costs, you can expect an uphill battle. If the insured's policy is limited to $1.3. million, you will not get more than that from them. You can still attempt to obtain additional damages from the at-fault driver, but this will be limited by their ability to pay.   You have an absolute right to change attorneys, but the decision shouldn't be made lightly. If your lawyer has been working on a contingency fee, and has provided substantial work, they will most likely split the fee with the new attorney. Your new attorney may request also additional discovery, which will prolong resolution of your case. Of course, if you are not confident in your attorney, then losing the case would be more costly. D'Amico, Griffin & Pettinicchi465 Straits TurnpikeWatertown, CT 06795Local # : (866) 848 7077  ... Read Answer

The only facts you need to disclose are the ones that are relevant to the accident and the injuries resulting from the accident. The defendant may be using your prescription information to attempt to claim your injury was pre-existing. Your addiction may also be used to prejudice a jury against you.   On your end, you will have to demonstrate who was at-fault in the collision and that the crash caused your injury. This can be a complicated procedure involving a lot of documentation and may even involve expert testimony. Since it seems like the defendant is already actively working to discredit you, you should probably hire an attorney who has experience with car accident injury cases who can review the specific details of your case more thoroughly.   D'Amico, Griffin & Pettinicchi465 Straits TurnpikeWatertown, CT 06795Local # : (866) 848 7077... Read Answer

The simple answer is that you can't. Your insurance company will likely seek reimbursement from the other insurance company for amounts that they have paid out to you, but for the most part they are not going to fight the underlying personal injury claim for you on your behalf. If you want to pursue that claim and have injuries it would be wise to obtain an attorney. On a personal injury matter attorney's fees would come out of any recovery that was obtained on your behalf.... Read Answer

Hi David, That definitely sounds like a low number given the fact that she has $15,000 in medical bills. Sometimes the medical bills are significantly reduced because of the negotiated rate that an insurance company may have and that often results in lower settlement offers, but I would not be at all surprised if the insurance company is just trying to settle for a lowball offer. Is your daughter represented by an attorney? Thanks,Jon... Read Answer

While the error in the report may make settling the matter a bit more difficult it isn't something that you shouldn't be able to overcome. What types of injuries do you have? Did the police officer give an opinion about who was responsible for the accident? If you are still looking for representation in this matter feel free to email me directly at jon@czechandhowell.com Thanks,Jon... Read Answer

Do not worry. He may not be telling you the truth about his injuries and cost of treatment. ?Your insurance company will provide a free lawyer for you if the claims adjuster is not able to resolve the case. That attorney will then offer the policy limits if the case is worth that amount and point out to the claimant that you are judgment proof (nothing can be gotten from you if you are sued personally). Such cases are almost always settled for payment of the policy limits as there is no advantage to the claimant to seek anything from you.... Read Answer

Hi Niki, It depends on what your injuries were, but if you were injured at all that seems like a really low number. It is not uncommon for insurance companies to try and get people to sign off quickly with low settlement numbers before they find an attorney. What were your injuries? What type of medical treatement did you receive? How much were your medical bills? Thanks,Jon... Read Answer

You may be able to recover more, if you are able to show you incurred further damages. Usually, you have one year from the date of the accident to file a lawsuit if the insurance company is not willing to settle at an amount you can agree with. However, if you accepted the insurance company's offer of $5000, there is nothing else you can do. Especially if you signed the agreement. If you would like to discuss your case in more detail, I would be happy to offer a free consultation. ... Read Answer

Prior to sending a demand letter you typically want to complete medical treatment so that you don't settle without having a complete idea of what your claim is worth. It sounds like your intention is to proceed with this process on your own, but I would strongly advise that you retain an attorney to assist you. Insurance companies rarely if ever offer a self-represented claimant a reasonable amount. Often times they will try to get individuals to settle claims very quickly, even sending checks along with a release before an agreement has been reached. Obviously if you hire an attorney a third of your recovery will be used to pay the lawyer, but 9 tiimes out of 10 you are still going to net more money in your pocket at the end of the day. Thanks, Jon... Read Answer