California Personal Injury Legal Questions

The owner might very well be liable if he knew that dog or its breed was likely to bite someone who was not on the renter's premises and/or the property was in sufficient disrepair to allow the incident to occur. There may be a problem that the owner's insurance policy may exclude that type of dog from coverage [many do exclude pit bulls, etc.].... Read More

You probably have no case. You do not say you asked him to put it on an elevated rack to change the underside, nor is it clear that he would have spotted the problems [that you could see what the knowledgeable mechanic pointed out does not tell us that the first one would have known he was looking at a defect]. Did you pay him anything; if not, you often get what you pay for. If he is not the owner of the shop, your refusing to pay the $450 hurts the owner but not a mechanic who is paid by the hour for his work. If you go there with the intent not to pay, you can be sued. What type of warranty did the used car lot where you bought the car give you? You might be entitled to a refund from them for any defects they knew of but did not tell you about.... Read More

That depends upon what your contract with your attorney says. Presumably, the settlement took into account that $5,000 in medical bills so it would be part of the settlement. In Northern California, contracts normally give the attorney a percentage of the net recovery after deduction of costs, but Southern Ca. attorneys charge on the basis of the gross recovery. Your attorney should have explained to you what his percentage basis would be.... Read More

I believe there is a State fund set up for such situations; check with your local or the San Francisco head Office to see if it still exists and whether it has any money in it, how to apply, etc. Assuming the business you worked for was an LLC, the owner is only liable up to the amount he put in; if he has filed for the business for bankruptcy, he has to list you as a creditor and state what money it still has.... Read More

You certainly sound like you have a valid personal injury case.  However, one thing to consider is the assets of the potential Defendant (the woman who hit your daughter) before jumping in an filing a lawsuit.  You should discuss the options with an attorney first to better undestand potential and likely outcomes.  ... Read More

I'm confused. If your insurance co. "took care of everything" you shouldn't be getting sued. Maybe you mean they paid for your car's damage? If so, that would be under your collision coverage. You need to be concerned with your liability coverage now. Read the part of your policy that covers liability. Two issues present themselves (assuming that your son was at fault): Is he covered at all, and how does the lack of consent change things? The second question involves a factual issue, i.e., does your son have implied consent based on prior usage. leaving the keys in his possession, etc? Contact your insurance co. and ask them if they are covering this incident. If yes, the suit simply means that they have not offered enough to reach a settlement. Send them the suit papers ASAP, anyway. If no, get a lawyer now. You have 30 days within which to file your response.... Read More

Passengers are not effected by the lack of insurance; you can collect for your car damage but not your pain and suffering. What the insurance companies say has no binding effect. You may have to file in Small Claims Court, but those judges often do not like to award much for pain and suffering and the defendant can reject any award for you and then try to have the insurance company represent them on appeal [I am not sure if the attorneys are bared as to appeals].... Read More

If the insurance company sent him any money, it means he has tried to settle the case without your approval. Insurance companies do not pay unless it is to settle the entire case. You have to sit down with the attorney and find out what has actually happened and what he did for you [including hours worked]. Your prior attorney may also asset a lien against the attorney fees. You should have been told that there would be no money beyond the $15,000 policy so you did not need an attorney if an investigation had been made as to whether she had any other assets.... Read More