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Lars A. Lundeen
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Lars Lundeen’s Answers

14,577 total


  • Husband involved in not fault rear end accident. wife not in car. no lawyer involved. settlement release form mentions wife.

    the settlement specifys for wife to be paid $500.00, which is part of the husband's final settlement. No discussion of affect of accident on wife's life prior to the release claim asked to be signed by wife....in georgia, does the wife though not ...

    Lars’s Answer

    My, my. You have waited until the release is at hand, and agreed to an amount, and now you have questions about whether or not you are being fairly compensated? The time to clarify your legal rights was shortly after the accident. You could have arranged a free consultation with a personal injury attorney who would have told you that a wife has a derivative or loss of consortium claim when her spouse is injured. There is no limit to the value of your derivative claim.

    If you were not part of the discussions concerning settlement and you did not specifically agree to accept the $500, you are under no obligation to sign the release. If you sign it, you are releasing the adverse driver and their insurance carrier from any further liability , and you are also voiding any potential underinsured motorist claim that you may have had. It is best not to play lawyer, but rather hire one to fully protect your interests.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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  • Can you sue a person at fault for a car accident when they didn't have insurance?

    I was recently involved in a car accident while pregnant.. the officer told me the other driver had car insurance and gave all her info but when the adjuster called me she said her client didn't have insurance for over a month. Now I want to know...

    Lars’s Answer

    Contact the police officer who responded to the scene, give him the accident report number and advise him that the adverse driver had no insurance. Ask him to file a supplement to his initial report. This may prompt him to issue a citation for no insurance to the adverse driver as well.

    The lack of insurance by the adverse driver triggers your uninsured motorist coverage. Read your insurance policy and see if your uninsured motorist coverage applies to property damage. If it does, submit your claim to your carrier under your UM coverage for your uninsured damages. (Generally UM property coverage has a smaller or no deductible compared to collision coverage, so use your UM coverage instead of any collision coverage you may have.)

    If you have been injured:You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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  • No insurance accident

    My daughter was in an accident and had no car insurance. She received a citation for no insurance which she paid. Neither her nor the other driver were cited for the accident. The other driver's insurance is now contacting her stating that she...

    Lars’s Answer

    I would think that the insurance carrier will need to sue your daughter and obtain a judgment against her. The suit will determine the liability or fault. If your daughter fails to pay the judgment, her license could then be suspended. If the damages are significant and the payout by the insurance carrier large, your daughter may need to seek protection from the bankruptcy court. She is learning a hard lesson here. No one should own or operate any motor vehicle without maintaining adequate automobile liability insurance on it at all times. Hopefully your daughter is now insured.

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  • Can I form a suit against a drunk driver?

    My parked van was recently hit by a drunk driver, who then fled the scene of the accident. Once home, his wife and daughter called the police and reported it. His insurance is agreeing to pay out a bit over the Kelly Blue Book value of my van. My ...

    Lars’s Answer

    You may find it helpful to review the Legal Guide I have published on Avvo.com which deals with property damage issues, particularly damage to automobiles. You can access my Legal Guide through my profile page on Avvo.com.

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  • I got into an accident/I'm not insured/she was in front of me turning with no blinker and stopped quickly/have witness/what will

    Be the way to go about my situation?

    Lars’s Answer

    Based upon your posting, you are responsible for the damages you caused. I suggest that you contact the adverse party and attempt to work out some type of settlement of this claim. Be sure to get a release signed in writing. If there are substantial damages, you may need to seek bankruptcy protection.

    You are learning a hard lesson here. No one should own or operate any motor vehicle without maintaining adequate automobile liability insurance on it at all times. Please do not drive again until you have insurance.

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  • Similar to the moradi vs. marsh usa inc case, my son just got in a car accident as a merchander for Coca-cola.

    Despite this California case, Coca-Cola feels they're absolved of any financial responsibility for the accident because merchandisers user their own vehicles. I believe they're liable for the damages since my son was driving to a store to merchan...

    Lars’s Answer

    Since the accident was not your son's fall, why is it the fault of Coca-Cola and why should they pay for your's vehicle? In order to have liability for damages, there must be negligence. – a duty and a breach of that duty. Your son breached no duty. Neither did Coca-Cola.

    Your son may have a workers compensation claim and he should pursue that, if he has been injured. It would appear that the adverse party, who struck your son, is the party that owes you for your lost truck, not Coca-Cola. I think you have misread the case, you are referring to.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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  • Subrogation Interview

    I was in a car accident. The accident was soley caused by the other party. She admitted fault, but her Ins. Co. determined the damage could not have been caused by my vehicle. My Ins. Co. waived my deductible and paid me for the Claim. Now they ar...

    Lars’s Answer

    If you have been injured in this incident and have a personal injury attorney representing you, you should have your attorney review this request, and, if necessary, attend the subrogation interview with you. As a general rule, under the terms of your insurance contract, you have a contractual duty to cooperate with your insurance company. If you do not have an attorney, you may wish to consult with one before granting any interview.

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  • I was hit by a drunk driver in North Carolina. He was 100% at fault.

    I don't know his policy limit, but I have 100k underinsured coverage. $10,000 in property damage already paid by his insurance company. Around 15k lost wages, and 15k in hospital bills. If I were to assume that his policy limits 100k, what kind of...

    Lars’s Answer

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    See question 
  • Do I need a separate lawyer for a traffic related case?

    My mother was involved in an accident two years ago where another car swerved into her lane, and she hit another car as a result. She went to court and settled with the state and paid a fine. We never heard back until last week, when she was given...

    Lars’s Answer

    • Selected as best answer

    Since it appears you mother was insured for this collision, she should turn the suit paperwork over to her car insurance company she had at the time of the accident and demand that they defend her. Your mom has paid a premium so that her insurance company can investigate the matter, defend her and indemnify her if necessary. In my opinion, it is too soon to think about spending your own money to hire a 2nd attorney, when that may not prove necessary. Once an attorney is assigned to your mother, she should schedule a face-to-face meeting with her new attorney and review all of the facts and circumstances of the collision.

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  • I am a recovering alcoholic, sober for 5 months, and the Dr made me suffer in pain due to my history. Do I have a malpractice ?

    I am a recovering alcoholic, sober for 5 months. I recently ended up in the ER for excruciating abdominal pain. They did xrays and found a bowel obstruction. The Dr on the floor that did my admission saw i had ER visits for alcoholism 5+ months ag...

    Lars’s Answer

    This would not be a viable medical malpractice claim in my opinion. The doctor had choices and chose I V Motrin for your pain because of your past addictive history. Many doctors would make the same call.

    You may find it helpful to review the Legal Guide I have published on Avvo.com which deals with medical malpractice and what it is. You can access my Guides through my profile page on Avvo.com.

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