California Personal Injury Legal Questions

Contact the insurance adjuster in writing and ask them for a copy of any written statement by the other driver that you were at fault and did the other driver actual say that and what proof do they have. Your father is more credible than the other driver who has a direct economic interest [and criminal] in not telling the truth. Does the physical evidence support your claim? ?You have any skid marks but the other car did not leave any. Have they refused his claim, so that they are arguing both sides at the same time? Have they paid him anything? Telling them they are not acting in good faith to their own insured. If they intent to pay the other driver anything, demand they provide a free attorney for you [you may not really be entitled to one]. You can file a complaint with the State Insurance Commissioner, but the only real remedy you have is to sue them, probably in Small Claims Court [$10,000 limit].... Read More

I am very sorry for your daughter's death. Call the head DA. I am not 100% sure, but I think California law requires the victim or their family to be notified before sentencing is pronounced. As to why he is not tried, frankly, I never have understood why a person already sentenced to the maximum punishment is tried for another crime that will not increase the time they actually will serve.... Read More

I do not know why the funds are being transferred, but you have the right to refuse to be represented by new counsel. Call and find out what is happening and when you will be paid. If there is no response, contact the local Bar Association. I do not understand why there are two separate amounts unless there were multiple defendants.... Read More

You have to give many more details of why you thought there would be no pit and what your pain has been like. Until you have had adequate medical care to try to relieve the pain, you are not ready to settle as you do not know what the final medical bills will be or how long the pain will last. Insurance companies settle the entire bodily injury claim at one time and not piece by piece.... Read More

There was no defect in the slide and no need to warn against ramming into someone. so the manufacturer/rental company are not liable, the landlord's insurance carrier might pay a little to get rid of the matter but I do not see any real liability, the child, and his parents, who slid into the other child are definitely liable [but would not have any insurance coverage], I don't think the child's father is negligent as the accident was not foreseeable, especially if it was intentional, you might be liable if you knew some of the children were behaving irresponsibly on the slide or could reasonably foresee there might be an accident. How his parent proceed probably depends upon what the medical bills and extent of injury are.... Read More

Yes, it is not criminal conduct. You might be able to claim in a civil suit that she creates a hostile job environment, but if you sue she will very likely fire you. Try to get all the other employees to sign a petition that her behavior is counter productive, decreases your ability to work, etc.... Read More

Assuming the Court ordered the money to be put into a trust account, you must file a petition with the Court that approved your settlement requesting payment of the money needed to buy the truck, giving detailed reasons why you need the truck, how much money you would save using the truck [but you probably will save nothing], the burden on you in not having the truck, you are actually just using the interest earned on the original $32,000, you have an excellent driving record, you can afford to pay for the first year of vehicle insurance [it will be high because you are a teenager], and anything else you think might help you. Be sure to ask enough to cover all the expenses of the use of the truck until you turn 18, which includes the initial sales price, any sales tax you have to pay, vehicle registration, insurance, parking, gasoline, etc. Since you are almost 18 now, maybe the Judge will grant the petition just because you will be getting all the money in less than a year anyway. You might ask for all of it but at least enough to pay for the truck and its usage.... Read More

If she intentionally sprayed anything on your car, she is liable for the foreseeable property damage. I do not know why the scratches happened to your car so do not know if that was foreseeable. You can sue in small claims court, but it may not really be worth your time and getting a neighbor upset with you. Ask her directly but politely to pay.... Read More

Write to him that you demand he return those items to you and any copies he has [actually best to pick them up at some public location as otherwise he will just claim he mailed them and they got lost] by x date and that if does not do so you assume he is keeping them in order to steal your identity and you will have to contact the local police and Social Security Agency to find out what they can do to force him to do so. As to the ashes, he has committed the civil tort of conversion and you will sue if he does not return the ashes in their container. If he is vindictive, you may want to consider trying to change the S.S. number and any accounts that he might be able to use to his benefit.... Read More

There are several things that you can do. 1. File an SR-1 with DMV, and follow up with an SR-19. 2. You have the driver's name and address. Send him a "demand" letter, and if no response follow up with a law suit (Small Claims Court if car damage only). 3. Check your own policy to see if you have collision and/or uninsured motorist coverage.... Read More

Contact the other driver's insurance pointing out they are liable for all of your out of pocket expenses, including the reasonable cost of renting a replacement car [not limited to daily rate limit on their own insured]. Check with your insurance if the accident happened within the normal grace period most carriers give for late payments.... Read More

There is a no specific law, but you can sue if she prompted false claims to harm you. Contact the agencies involved and tell them what you think is going on [do not state she is definitely doing it to avoid a defamation claim by her]. Tell them they can investigate you whenever they wish but as with past allegations they will not find anything of significance. Ask they investigate her as she appears perhaps mentally unstable.You could file a lawsuit which includes asking for an injunction to prevent her from contacting the agencies, but that is a long and more expensive method in which the burden of proof is on you. Probably hire an attorney to write her a letter warning of what the negative results as to her are, including possible loss of license, monetary fines. etc.... Read More