California Personal Injury Legal Questions

Get an estimate as to the cost of repair [even very minor damage can cost a lot to repair]; if it does not greatly exceed the deductible, settle with the other driver without bringing insurance companies in as the increase in the annual rates will likely far exceed the excess over the deductible. Since the owner of the vehicle illegally allowed a minor to drive their vehicle, the insurance carrier would be on solid ground to reject the claim. How to demonstrate to the minors that they were foolish is not a legal question.... Read Answer

What do you mean they will not pay for it [if there is coverage, they pay the cost of repair or fair market value, whichever is lower but people can never find the same car for the amount insurance pays]. They probably will refuse to pay you any car rental, but you could argue you are entitled to the loss of use from the accident to when you reasonably could find a replacement. What reason do they give? Whose insurance is it?? We need more information to be able to answer.... Read Answer

A claim for the damages should be made against the other driver. Unless it says otherwise, I would assume the insurance you bought on line is not from the web site owner [why would they get involved in the insurance industry when all their doing is getting a commission from the rental agency for the purchase by you. it is very profitable, but most site owners probably stick to just one way to make money]. If the rental car company is eager to be paid, it will go after the insurance they got.... Read Answer

Yes, you can subpoena anyone who has relevant evidence, but normally the wealth of the defendant cannot be mentioned at trial as it is only relevant if punitive damages are ought in the Complaint. If you think you have been damaged so much, you need to seriously consider hiring an attorney to at least give you advice. Your asking this rather fundamental question demonstrates you are not knowledgeable about the law. At the trial of the case, even if it is more informal because it is before a judge and not a jury, the defense attorney will object to any evidence that is helpful to you, will file a motion in liminie to limit what you can present, and will cite cases and legal theories to get your case thrown out. Some attorneys might be willing to handle it on a contingency fee basis [they get a percentage-normally 40% if it goes to trial] where they get paid only if you win. Most will not handle a case if a trial is coming up in a few months because they will fear that you will not follow their direction and you will sue them for malpractice.You have to balance the cost of attorney fees against the fairly great likelihood your case gets tossed out. You definitely must spend some money to get an attorney to look over your case and see what you need to do.... Read Answer

You probably should have reported the accident to the police, but I do not think the police would consider you to be liable for a hit and run since you stopped your vehicle but saw no reason to wait for or call the police as the other driver had disappeared.? For insurance purposes, I would report it now to the police and see if they will prepare a report; they will probably try to get a statement from the other driver.? They would not have contacted you unless there was some damage to their truck.? But now you have the phone number of the other driver and can let your insurance company initially deal with the incident.... Read Answer

The normal requirement is that you must sue where at least one defendant resides or is doing business.? But are these stores independently operated? A judge might say there is jurisdiction to serve the company store, but no venue as your new state has no interest in protecting you at the time of the incident since you lived in another state. Also, the witnesses to the incident, except for you, all reside in the other state and the physical aspects of the incident are all located there. I think a judge would probably dismiss the case. Also, does the store own the spot where the accident took place or do they control that area as if it is a shopping center the developer probably owns the parking lot and would be the correct person to sue.? You do not tell us what the "incident" was, so your question is harder to answer.? If it was that a store clerk hit you, then it would be even more clear you would have to sue in the state where the incident occurred since you are suing the company because their liability arises indirectly only as the employer.... Read Answer

You do not directly state he is following you, only you feel it. He is correct in following you. How were you going to pay for what you eat; it would just be your estimate and the checkout clerk would have no idea if you were honest or not. What you did was a form of shoplifting so the store office has every reason to follow you. There is no harassment. Actually, he was fairly nice to you in your encounter. You should shop elsewhere for a while if you feel uncomfortable. If it was your supermarket, you would likely ban anyone from shopping there who did something like what you did.... Read Answer

I would guess it probably was not legal, but it clearly was done to prevent the person being served from running out the back of their residence. They may have blocked your driveway because most people who would try to ruin away would run over a paved path instead of a front yard with vegetation. Call the police and ask why it was done in this fashion. But accept it as one of the minor irritations we all suffer doing life.... Read Answer

No, your case would be barred by the Statute of Limitations as you knew in 2014 malpractice might have occurred. The time limitation is not suspended while you still have pain, it starts when the improper act occurred and you did or should have known you had been improperly injured. Also, you do not say what the hospital did wrong. Did they use any medical tools on you to cause the separation or was it caused by bearing the child? Merely because you suffered a physical problem does not automatically lead to a conclusion malpractice was involved. It would be very costly to get expert witnesses to support your claim.... Read Answer

Demand to know from him why he gave you so little. Did he use most of the settlement to pay all the medical bills so there was little left? What are the exact terms of your contract with him as to division of any settlement amounts. Normally, the attorney collects only a percentage of funds as received. If he can not satisfy you with his answers, start looking for another attorney and fire the old one once you have found a replacement. Go to the State Bar to make a complaint.... Read Answer

Insurance companies do not settle only part of a property damage claim. If they paid you anything, they would have required you to sign an agreement giving up all rights to claim more for damage to the car. Legally, they are only liable for either the value of the car just before the accident or the cost of repair, which ever is lesser. So it seems you have no basis to sue, even though you have three years in which to sue for property damage.... Read Answer

The owner of the car is jointly liable with the driver for the first $15,000 of your damages, with the driver then liable for any greater sum. Only if the driver had stolen the car would the owner not be liable. Whether your car was registered or you had insurance does not matter at all. The liability, however, is either the value of the vehicle or the cost of repair, which ever is lesser. It is difficult to convince an insurance company, but if you are stubborn enough, you might also get a few hundred more on the argument that if the car was new, its resale value has decreased as no one would pay as much for a car that had been in an accident than one never damaged.... Read Answer

Your insurance company will provide a free attorney to defend against any law suit against you. Many people do develop pains a day or two post accident [the muscles become more inflexible in order to attack as a cast for the injuries area, fluids build up the press on nerves, etc.]. Your $5,000 property damage coverage probably is enough to cover the damage to the car. You do not tell us how the accident occurred so we have no opinion as to who was at fault, but the normal assumption is that the driver who hits the car in front of them is at fault. You might want to take steps to protect your assets and also to increase your insurance coverage. If the other driver did not have insurance, he can not collect anything for pain and suffering.... Read Answer

I do not understand where the assault occurred, as you say there was damage to your car [so parking lot] and attacked "at the store". I also do not understand how you have video as the store certainly would not release it to you. Thirty hits is an extremely high number, and I am unsure if the average person could physically do that. Did you fight back? Are you sure you are not exaggerating? Whom ever took the video also did not come to your rescue. If the assault occurred in the parking lot the store definitely has no liability. Inside the store, likely the clerk still did not have a duty to act.... Read Answer

Why would you both not be able to sue? In California you would have to file suit within 2 years of the date of the accident. First contact the driver to get his insurance information and then contact the insurer to see what can be resolved. Before you settle, you might want to speak to an attorney to see if it is a reasonable settlement.... Read Answer

Clearly you can sue for the costs involved in the towing, and also the money lost from accounts you can show you would have obtained had the car not been towed. You can also sue for any property stolen, but you must show negligence on the part of the motel. Since the manager appears to have acted based upon a dislike of you and not because you are a member of a particular protected group, it is not a hate crime.... Read Answer