California Car Accident Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
155 legal questions have been posted about automobile accidents by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include personal injury, boating accidents, and nursing home litigation. All topics and other states can be accessed in the dropdowns below.
California Car Accident Questions & Legal Answers - Page 6
Do you have any California Car Accident questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 155 previously answered California Car Accident questions.

Recent Legal Answers

Do I have a law suit from a car accident?

Answered 13 years ago by Mr. David F. Stoddard (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Car Accident
Yes.
Yes.

I was hit by DUI driver at work and I feel I'm not getting the treatment I need.

Answered 13 years ago by John Paul Bisnar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Answer by John Bisnar Yes, there is something very effective that you can do.  Consult with a California auto accident attorney who is highly experienced with third party workers’ compensation claims. Not only do you have your workers’ compensation benefits rights but you have a right to recover directly for the DUI driver that caused the traffic collision.  Generally a claim directly against the negligent driver will be worth many times more in compensation than the workers’ compensation claim will be.  Not only that but you will not have to deal any further with the workers’ compensation system and the disability issue. John Bisnar Bisnar|Chase, Personal Injury Attorneys www.BestAttorney.com 800-956-0123... Read More
Answer by John Bisnar Yes, there is something very effective that you can do.  Consult with a California auto accident attorney who is highly... Read More

How do you get an attorney's malpractice insurance information?

Answered 13 years ago by John Paul Bisnar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Answered by John Bisnar There are two basic ways to find out someone insurance information.  This applies to attorney's malpractice insurance as well as any other type of liability insurance situation (like auto insurance or medical malpractice). One you ask them for it and hope they provide it.  However, in California, they are not required to provide insurance information. The other way you get someone's insurance information is you file a lawsuit against them.  During the "discovery" phase of the lawsuit you can ask for the information and they are required to provide it. In many situations, if a California legal malpractice lawyer asks for an attorney's E&O insurance information (E&O = errors and omissions = malpractice) they will provide it in order to avoid the filing of a lawsuit. John Bisnar Bisnar|Chase, Personal Injury Attorneys www.BestAttorney.com/legal_malpractice.html 800-956-0123... Read More
Answered by John Bisnar There are two basic ways to find out someone insurance information.  This applies to attorney's malpractice... Read More
Answer by John Bisnar You have substantial rights.  Immediately consult with a California auto defect lawyer with a wealth of experience in airbag failure to deploy cases.  The best ones will provide you a free consultation. Time is of the essences.  The vehicle must be secured as evidence immediately.  It is crucial to preserve the vehicle as it is the evidence that your case will depend upon. Check out “Still Unsafe At Any Speed” which you can buy it on Amazon.  It is book about auto defects written by one of our partners.  It will give you a wealth of information about auto defects, the auto industry and what you will be up against. John Bisnar Bisnar|Chase, Personal Injury Attorneys www.BestAttorney.com/airbag-failure.html 800-956-0123... Read More
Answer by John Bisnar You have substantial rights.  Immediately consult with a California auto defect lawyer with a wealth of experience in... Read More

Can I sue for my losses, pain and suffering?

Answered 13 years ago by Mark A Manning (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Car Accident
In Michigan in order to maintain a cause of action or claim for pain and suffering your husband's injuries must consist of serious impairment of bodily function and or serious and permanent disfigurement. Personal injury claims take time. If you are frustrated with the speed the case is moving, have your husband contact his Attorney for an appointment to discuss the case face to face. Listen carefully to the Attorney there maybe very practical reasons why the case is taking a period of time. Remember however there is a three year statute of limitation from the date of the accident within which the case must be filed in Court or it will be time barred.... Read More
In Michigan in order to maintain a cause of action or claim for pain and suffering your husband's injuries must consist of serious impairment of... Read More

What should I do if I'm being sued?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Car Accident
First, contact your insurance company to defend you. If it won't do so, sue it for bad faith.
First, contact your insurance company to defend you. If it won't do so, sue it for bad faith.

What happens if someone being sued do not file the appearance form?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Car Accident
A default judgment could be entered against him.
A default judgment could be entered against him.

Is the at fault party's insurance company required to provide rental vehicles if the injured party's car was destroyed?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Car Accident
That depends on the kind of policies in place at the time. Ask your agent to help on this question. Or, your lawyer should make a demand.
That depends on the kind of policies in place at the time. Ask your agent to help on this question. Or, your lawyer should make a demand.

What can I do if the person who hit me doesn't have insurance?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Car Accident
Tough situation. First, get your insurance agent to do as much as possible to help you. Also, you could sue the girl.
Tough situation. First, get your insurance agent to do as much as possible to help you. Also, you could sue the girl.

How long do I have to file for medical and damages after a car accident in California?

Answered 13 years and a month ago by Christian Joseph Menard (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Car Accident
The statute of limitations for personal injuries is 2 years snooker for property damage it is 3 years.
The statute of limitations for personal injuries is 2 years snooker for property damage it is 3 years.

Can I get a settlement for a car accident that happened 10 years ago?

Answered 13 years and a month ago by Erven T. Nelson (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Car Accident
No. There is a two year deadline after the accident occurred.
No. There is a two year deadline after the accident occurred.

What kind of attorney do I need if I was involved in a car accident?

Answered 13 years and a month ago by Erven T. Nelson (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Car Accident
You need a good personal injury attorney who will sue the other person involved in the accident, plus sue your insurance company for bad faith.
You need a good personal injury attorney who will sue the other person involved in the accident, plus sue your insurance company for bad faith.

If I got a collection letter, can my credit history be harmed right away?

Answered 13 years and a month ago by Ronald A. Steinberg (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Car Accident
Give the papers to your auto insurance company.
Give the papers to your auto insurance company.

Who is liable and whose insurance covers the accident and any injuries?

Answered 13 years and a month ago by Edwin K. Niles (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Car Accident
By law, the driver's insurance is primary. However, the insurance industry practice is to let the owner's insurance company handle.
By law, the driver's insurance is primary. However, the insurance industry practice is to let the owner's insurance company handle.

Do I have to pay a medical bill that was part of my auto accident settlement?

Answered 13 years and a month ago by Christian Joseph Menard (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Car Accident
Normally, all medical bills are paid from the settlement proceeds once the settlement funds are received. Why the DC's bill was not paid, I do not know. Your lawyer should have known about him, since your lawyer sent you to him. Either way, the bill needs to be paid if you received the services. However, you should be able to negotiate a reduced amount to satisfy his billing.... Read More
Normally, all medical bills are paid from the settlement proceeds once the settlement funds are received. Why the DC's bill was not paid, I do not... Read More

What's the law on hit and run?

Answered 13 years and a month ago by Christian Joseph Menard (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Car Accident
Whenever, you are involved in any sort of vehicular accident (the "hit" part), those involved are to stop and exchange information. Failure to do so, is the "run" part. By "running" you are aggravating a situation that would otherwise be minor. If you were the one who did the "hitting" you need to stop. If the other person fails to stop, then there is no much you can do about that. If the other person did the "hitting" and "running" and you cannot get him/her to stop, then report the matter to your carrier if the damage is more than you want to pay out of pocket (usually it should be more than your deductible). Try to get the license number of the vehicle that hit you. You can then file the claim on a DMV form (SR-10, I believe) and report it to the DMV which will take appropriate action against the offending vehicle, but it needs the license number of the car to do so.... Read More
Whenever, you are involved in any sort of vehicular accident (the "hit" part), those involved are to stop and exchange information. Failure to do so,... Read More

What should I do if I get sued for amounts exceeding my car insurance coverage?

Answered 13 years and 2 months ago by Edwin K. Niles (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Car Accident
If I were representing the lady I would settle for the policy limit. The hassle of chasing after people who may not be able to pay is not worth the effort. So the answer is that the lady (or her insurance company) have the right to pursue you for the short-fall, but probably won't.
If I were representing the lady I would settle for the policy limit. The hassle of chasing after people who may not be able to pay is not worth the... Read More

Can I get an estimate on how much my case could be worth?

Answered 13 years and 2 months ago by Robert Allen 'Robbie' Kubler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
The value of a case is determined by your damages. You certainly have a lot of medical bills, need for future care, and pain and suffering which can add up. The future medical can depend on what you need. I've seen back injuries need medical care for decades add up over 100K.
The value of a case is determined by your damages. You certainly have a lot of medical bills, need for future care, and pain and suffering which can... Read More

Can I be held responsible for somebody else's actions even though I did not consent to the use of my car?

Answered 13 years and 2 months ago by Sandeep Gopal Agarwal (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Car Accident
If you get sued, you can file a cross-claim against the person who was driving your car. If your car needs to be repaired, have the person who was driving your vehicle pay the insurance deductible. Otherwise, file a claim in small claims court to recover the cost of the deductible.
If you get sued, you can file a cross-claim against the person who was driving your car. If your car needs to be repaired, have the person who was... Read More

Can my husband get in trouble for totaling his truck on purpose?

Answered 13 years and 2 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Car Accident
Absolutely. That is considered insurance fraud. I do not know how to fix it. If he drops the claim against the insurance company there would be no fraud, and so no jail, but he will be making payments on a truck he cannot drive. It's a lose-lose. I would avoid the criminal fraud case, if possible.... Read More
Absolutely. That is considered insurance fraud. I do not know how to fix it. If he drops the claim against the insurance company there would be no... Read More

Do I have a case or not?

Answered 13 years and 2 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Car Accident
Your sister-in-law may have a claim if she was injured as a result of not having an air-bag. Was the truck repaired after a prior accident? Did the seller know it was repaired without air-bag replacement? Who did the repair? Who was at fault in causing the accident? You personally may not have a claim. How were you damaged as a result of no air-bag?... Read More
Your sister-in-law may have a claim if she was injured as a result of not having an air-bag. Was the truck repaired after a prior accident? Did the... Read More

Do I have a case or not?

Answered 13 years and 2 months ago by Christian Joseph Menard (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Car Accident
If your vehicle was supposed too have an air bag but did not, then there could be liability on the manufacturers and/or dealers part. S to whether deployment off the bad would have prevented or reduced the injures sustained for no deployment, an air bag expert would have to be consulted with him reviewing the medical records to determine the nature and extent of the injures so he can render an opinion. If he says the injuries some some of them would have been avoided, you have a case.... Read More
If your vehicle was supposed too have an air bag but did not, then there could be liability on the manufacturers and/or dealers part. S to whether... Read More

What happens when you rearend someone and you are excluded from the insurance?

Answered 13 years and 2 months ago by Christian Joseph Menard (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Car Accident
If you were involved in an accident, and it was your fault (generally the person doing the rear-ending is at fault), you are responsible for compensating the injured person for his/her damages. If you have no insurance, then expect to be sued. If you are sued, you need to find an attorney to defend you in the lawsuit. If you do not defend the case, you may wind up with a judgment against you by way of default.... Read More
If you were involved in an accident, and it was your fault (generally the person doing the rear-ending is at fault), you are responsible for... Read More

Can I file a lawsuit if my air bags didn't deploy?

Answered 13 years and 3 months ago by Edward J. Achrem (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Car Accident
You may be able to, depending on many other factors. Airbag cases are complicated and deployment is dependent on many factors. Were you injured? If so what were the injuries?
You may be able to, depending on many other factors. Airbag cases are complicated and deployment is dependent on many factors. Were you injured?... Read More

I live in CA. Can i sue in civil court an employer that hired an unlicensed driver who totaled my parked car?

Answered 13 years and 3 months ago by Brett Edward Rosenthal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Would file a small claims action for the difference between what the insurance pays because that only costs $50-$75 to file and you can get a hearing in 60-75 days.
Would file a small claims action for the difference between what the insurance pays because that only costs $50-$75 to file and you can get a hearing... Read More