California Car Accident Legal Questions

Hi, Really sorry for your loss. If your parents are still living they would have a claim and your sister's kids would have a claim. You would not likely have a direct claim, but may be able to bring a claim on behalf of your sister's minor child, depending on your relationship to her. Thanks, Jon... Read More

Hi, You need an attorney who is familiar with handling personal injury/negligence claims. Claims against the government are a little bit more complicated, because you have to file a claim against the specific agency, in this case the CHP, prior to filing a lawsuit. Please feel free to contact me if you would like assitance. This type of claim would be handled on a contingency basis, meaning any attorney's fees would be paid out of the recovery obtained. Thanks,Jon... Read More

Ask to speak to the manager at the collection agency to try to work out a deal. point out to them that if they are not willing to accept installment payments then they will get nothing for several years and if it is a very large sum of money you might file for bankruptcy to avoid the debt entirely. Normally insurance companies handle their own subrogation debt collection. There is no advantage in hiring an attorney as you owe the debt.... Read More

You don't give much info about your injuries. If they are serious, and your bills are high, you can ask for the policy limit of $60,000. However, you might look into the other driver's assets; maybe he can kick in some more. If that is a possibility, don't sign a release until you get him or her on board. You can give a statement, as you owe a duty of cooperation to your co. However, before doing so, try to imagine what the o.d. said in his statement. Is it going to be a case of disputed fault? If so, maybe you need a lawyer.... Read More

You can't get paid twice for the same loss. If your insurer wishes it can pursue subrogation against the other party/insurer, and if your insurer is successful you can get your deductible back. Or you can pursue the claim yourself and reimburse your insurer if you win. But attorney fees are not generally recoverable in property damage claims, so you'd be paying out of pocket. That generally makes a separate suit against the other party/insurer a losing proposition unless you were injured.... Read More

The law of damages in Alabama is that you are owed the value of the car just before the accident or the cost of repairs, whichever is less. Values are a matter of opinion. Everyone has one. If you think your car was worth $5k, then you are entitled to your opinion. You would also be entitled to be paid for any injuries you may have suffered.... Read More

You should take your insurance policy to an attorney to read. It is possible that the insurer is wrong to deny coverage. Also, if you get a notice from the DMV that your license will be suspended, there is a procedure to appeal. The notice explains how to appeal. You might consider an appeal since you had insurance at the time.... Read More

They did the work and you got the insurance company check for this work that should have gone to shop Pay the shop ! The fact that they let you have your car before they were paid helped you out. Most shops won't release the car until they are paid in full. Because the shop helped you out doesn't give you the right to screw them out of the money for their work.... Read More

Yes, but only if you are being required by your insurance company in your claim for collision coverage or as a tax right off and you need to have proof it was an accident instead of your own negligence. The delay does not matter if the evidence or others know who can say yes it happened while it was parked. We saw it.... Read More

I don't know why her insurance won't pay. It may be because no one has yet asked them to pay (she says she doesn't think they will pay, but she doesn't say she has talked to them). It may be that the accident want reported to police. It may be that the insurance doesn't cover drivers who are not listed on the policy. Ask for her insurance informational and contact her insurer to file a claim. If they deny the claim, you can sue her I small claims court. Incidentally, if you insurer pays, they can sue the driver, but they are not obligated to. They will do this if it makes economic sense, which it does not. They will spend more than $500.00 to recover their $500.00. They would have to hire a lawyer to file in small claims court. You can file it yourself without an attorney.... Read More