California Car Accident Legal Questions

If you want your insurance to pay for the repairs, you need to pay the deductible. That is what you contracted for when you chose your deductible amount. A different department of your insurance company (the subrogation department) will then try and recover from the the other party and their insurer, but that will take time. They should try and recover your deductible for you as well.... Read More

A good defense attorney will challenge the amount of the damages.  What I would do is argue that because the other driver was not wearing his seat belt he has contributed to his own injury.  Under per se negligence the statute of wearing a seat belt can be used to show that the other party was negligent.  If this is determined then the court under California's comparative fault, will determine the percentage amount of damages that can be attributed to the other parties negligence.  This will reduce the amount of damages that you and your insurance company will be liable for.  I can explain this in more detail if you like. The bottom line is this.  If you can show that because of not wearing the seat belt the other driver caused 50% of his own injury; because he would have other wise been able to avoid the telephone pole; then you and your insurance company will only be liable for 50% of his medical bills and other expenses.  This could possibly lower the amount and bring it within your insurance policy limits.  If you were to pay a lawyer to challenge this for you it will most likely cost around 20,000 or more.  I'm not sure if you could recover your lawyer fees if you were to win the case.  However, I can look into this for you. I invite you to contact me. dadalaw@comcast.net Codi M. Dada, Attorney at Law Novato Ca.  ... Read More

The expected pay out is dependent on many variables.  What are the long term affects of the injuries?  How long haopitalized?  How much lost wages were suffered?  I invite you to contact me with this information so I can provide you with some guide lines used to determine a settlement amount.  Best Regards, Codi M. Dada, Attorney at Law dadalaw@comcast.net 415-827-1425... Read More

Hello Daniel This sounds like a product liability case.  Before any lawyer can give you a firm answer there are several questions that need to be answered.  How old was the vehicle.  When was the last time the air bags have been serviced.  How fast were you going?  Please call me so I ca helo you determine if this case is worth pursuing.... Read More

You are not wrong, but it's a little more complicated in the case of hospital liens. I worked for auto insurance companies for more than 20 years, and now represent injured people, so I know the issues you're raising fairly well. Generally, a provider of emergency services can ask for repayment of the incurred medical bills out of any recovery (whether by a settled insurance claim or after a lawsuit), but the amount to which the provider is entitled may be the subject of some dispute, depending on the amount your wife recovers. Three insurers have potential coverage for your wife's injury claim: the one that covers the at-fault driver, the one that covers the driver of the car your wife was in, and your wife's auto insurer. I'd need more details before offering further information. Hope this helps.... Read More

Under California law, you are entitled to compensation for all your medical expenses, including the ambulance ride, all of you out of pocket costs, a reasonable amount for pain and suffering, and the fair market value of your automobile if it was totaled or the costs of repair. You can make such claims against the other driver's insurance company. You have two years from the date of the accident to file a suit, if negotiations with the insurance company don't result in an offer from the insurer that you are satisfied is fair. As for the interruption of your medical school studies, I'd need to know whether the leave of absence due to your sprained ankle will require you to repeat the semester/quarter/academic year and, if so, whether the tuition you have already paid for that term will be forfeited. I'd also need to know whether your leave of absence would impede your progress to the extent the award of an MD degree would be delayed a semester/quarter/year. Depending on the answers to those questions, you may be able to claim additional compensation for the interruption of your medical studies.... Read More

You either have to read some books on auto accident cases [try Nolo Press] or hire an attorney to review the documents, write a response letter to the insurance company, and see what settlement can be reached. Some semi-retired attorney such as myself may charge only $150 per hour. Did you collect anything for your vehicle damage?... Read More

Your intution is correct. It is likely that the Ind. Co is doubting the validity of your release.  It is possible that circumstances during your release did not conform to Statutes governing these types of cases. It is likely a good lawyer can pursue your case despite your release.  This is because for a release to be enforceable it must be informed and voluntarily made. ... Read More

I cannot answer your Question as Nebraska, the State you selected when asking your Question, does not seem to be involved in your Question at all. Attorneys can only offer legal advice for cases in States in which they are licensed to practice in or they would be committing the unauthorized practice of law. I am not licensed in Tennessee, and, as such, cannot provide an answer to your Question. You should re-ask your Question and select Tennessee as the State.... Read More

Under circumstances you have described, yes, you can be found liable for this incident. Though the amount you stated might seem a lot to you, some very minor accidents result in somewhat large repair bills, these days. You can ask for a copy of the repair estimate and take it to another car repair shop and ask them if it seems reasonable to them (showing them some detailed photos of the damage to the car will definitely help, and might be necessary). If your car repair place tells you the estimate is high, you can argue it with the other driver, but you cannot force him/her to accept a lower amount. You will likely have to decide whether it is worth paying the damages and avoiding an insurance claim or letting your insurance company handle things for you. BEWARE, though, if you pay the requested amount, unless you get a signed release of liability from the other driver, you have no guaranty that the other driver won't sue you anyway and/or make a claim against your insurance policy for bodily injury (and do not ever assume that just because the accident was minor the other driver will not claim to be injured...even if he/she really wasn't).... Read More

Once your daughter turns 18, she becomes responsible for her own accidents. If the car she is driving is registered to you (either you alone or with someone else) you can be held responsible under the Vehicle Code as the owner of the car, up to limits of $15,000 per person/$30,000 per accident, regardless of whether you had anything to do with the accident. However, if you are NOT the registered owner of the car and she gets into an accident as a driver and she is at fault, you cannot be held liable as her parent, even if you share the same insurance policy. To be clear, the insurance policy does NOT determine liability. There can be any number of people on a policy, when one of them has an accident the others cannot be held liable solely because they are on the same policy. It also does not matter if she is living in your home. As an adult, she is responsible.... Read More