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 More

Sounds like the officer didn't buy your version of the facts. That stated, tickets are not admissible in civil court so you can always challege the situation and make a claim of your own. I actually handled a similar case recently and successfully reversed the results with a settlement in my client's favor.... Read More

You might be abel to pursue an insurance claim in one of two ways:  First, were the passenger's actions in causing the accident intentional.  In other words, did the passenger intentionally cause the collision.  If he had his own auto insurance, then his liability coverage may cover your injuries if they beleive that he caused the accident, but did not do so intentionally.  If they beleive he intetionally cause the accident, then his insurance company will decline to provide coverage under the "intentional act" exclusion under the policy.  It is not enough that he just intetionally grabbed the steering wheel or assualted you.  He had to have intended to cause the collision or your resulting injuries.  Second, if the passenger did not have insurance, or his insurance company declined to provide coverage under the policy, then you may be able to file a claim on your own uninsured motorist coverage ("UM coverage"). This is coverage that will pay for damages caused by an uninsured driver.  Hopefully, you had UM coverage on your policy. If neither of these two options pan out for you, then your only other option would be to pursue the passenger in court.... Read More

Under circumstances of an ongoing criminal investigation with your vehicle being at the center of an alleged criminal act, you do not have the privilege to collect anything from your vehicle that is impounded. The vehicle may contain important evidence that investigators do not want tampered with or destroyed thus compromising their case. Hope this helps. I highly recommend that you immediately consult with a criminal defense attorney to discuss your legal rights before turning yourself in to the police.... Read More

Too many variables to consider in an internet blurb. You certainly have an injury claim against the following driver and possibly a workers comp claim. The weed usuage is a complicated issue given its now widspread use for "medicinal" purposes. You need to retain a lawyer to help deal with all these issues and help you get compensated from the at fault driver or other insurance coverage. ... Read More

Probably not but your attorney should reach out to Medicaid and confirm in writing.  Medicaid typically seeks to recover benefits it paid in connection with someone's lawsuit.  For example, if Medicaid had paid for the treatment you received after the car accident then it would be entitled to recoup those benfits from your settlement proceeds and oftentimes.  In the event Medicaid does seek to recoup benefits it paid on your behalf, it might reduce the amount by a proportionate amount of your attorney's fees (typically one third) Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

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 More

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 More

This is where you may need to hire a private lawyer to address this, especially if you do not have bodily injury liability coverage. You might find the opposing lawyer suing you for more than your insurance limits or the other persons insurance carrier doing so for whats called "subrogation."... Read More

He is certainly vulnerable to a law suit if the girl friend's liability is first proven.  Presuming he has automobile insurance, the insurance should cover the driver's liability up to the policies financial limits (a minimum of $30,000 in Maryland).  If he is unensured, the deceased woman's estate can apply to the Maryland Automobile Insurance Fund (MAIF) for some compenstation.  More than likely, the damages the family and/or estate might claim would be well in excess of any insurance coverage he might have, so he may be liable for the difference in the form of a money judgement.... Read More

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 More

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 More

If there was not will, you will proceed under administration of the estate.   This is filed in the local probate court.  If someone else caused the wreck, you likely will also have a wrongful death case that you could handle as administrator of the estate.  There is a priority in the law as to who can file to be the adminstrator, but if you are the next of kin, you can open the estate 5 days after the death.... Read More

First of all, did you have any auto insurance?   Your liability insurance, if any, would cover this.  Even if the driver was not listed on your coverage, as long as they aren't a regular driver, your insurance should cover it.  If not, did the driver have any auto insurance?   You might not be liable for the damages since you weren't driving unless you loaned the car to someone that you knew should be driving, such as giving the keys to someone who was drunk.  However, if you have entered into a written contract to pay, you may be on the hook.... Read More

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 More

The benefit of reporting an incident to the police is that it establishes an incident actually took place.  Also, when the police arrive at the scene, they take statements from both parties as to how the incident occurred and document the prevailing roadway / weather conditions.  If you have the driver's information, you should consider filing a Report of Motor Vehicle Accident, https://dmv.ny.gov/forms/mv104.pdf, so that your version of what happened is memorialized; report the incident to the driver's insurance company; and file an application for no-fault insurance benefits with the driver's insurance company, https://www.dfs.ny.gov/system/files/documents/2019/01/nofault_2.pdf.  The longer you wait, the more likely the driver's insurance company will question whether the incident ever happened.   Hope this helps.   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/    ... Read More

A Personal Injury attorney can investigate this matter and determine all possible responsible parties and insurance coverage, rather than pursuing on your own. Choose an experienced professional to guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay in seeking legal representation.... Read More