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David M. Van Sant
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David Van Sant’s Answers

15 total


  • Do you get something for urinating on yourself due to a car crash that was not your fault...?

    I was in a car wreck that was not my fault and I was injured also I urinated on myself due to the crash am I entitled to something for public embarresment for urinated on myself..? If so what would I be entiled to and will my insurance cover the...

    David’s Answer

    Typically you need bodily injuries to have any meaningful recovery. If you urinated on your self it would be an element of your damages, however, that in and of itself is probably not worth that much.

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  • If I hit a cow are the owners responsible for the damage to the car?

    I was traveling in a rural area at night and there was three calves in the roadway. I tried to slow down and move to the other side of the road to avoid the cows but I still struck one with my front passenger's side fender well and door. Now the...

    David’s Answer

    Maybe. It depends on the circumstances surrounding the cows getting out of the fence. There must be a negligent act for someone to be responsible. You will need to investigate the circumstances, Was the fence in disrepair? Did the owner know the cows had a tendency to escape?

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  • Was rear ended and the driver who hit me was covered under his uninsured motorist, he said it was a third party what to do?

    My accident was in September, I was rear ended on the interstate. The person who rear ended me stted a third party was involved. His insurance said he is covered under uninsured motorist, threfore leaving me with no car and having to fix damages o...

    David’s Answer

    You have a claim against the person who hit you. If that person cannot be located then you can make a claim on your own policy if you have UM (uninsured motorist) coverage. You need to analyze your policy language. If you do not have UM coverage, I think you know understand why it is VERY important to have UM coverage.

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  • Adverse Subrogation Review

    I got into a car accident and the other party was found at fault and i was paid in full for the damages done to my car. A month later. I recieved an Adverse Subrogation Review. I have no idea what this is. Can someone please help me?

    David’s Answer

    if you were not at fault and your insurance company paid you for your property damage, your insurance company will "subrogate" against the insurance company that insured the person that was at fault for the accident. In essence your insurance company is being reimbursed. Often times, your insurance company is required to recover your deductible as well. If they do, they need to return it to you.

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  • How do I answer a summions ?car vs motorcycle I was the motorcyclist

    I was going through intersection making left turn (motor cycle had side car right side).I had green arrow to make turn . on comming car hit me in right side middle of sidecar .I was told person in store saw i had red lite Store was on same side of...

    David’s Answer

    You need to contact your insurance company immediately. They will likely have duty to defend you under the policy of insurance. That is, they will hire an attorney for you. But you have to notify them promptly of the lawsuit.

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  • What is the Georgia state law on how many days you have to move out when you are evicted?

    One of my friends was evicted and the papers say he only has 6 days to move out but he is disabled and he has a guaidian looking after his diability checks every month and she is supposed to be paying house payments with that money but she isnt.

    David’s Answer

    Under Ga law you have 7 days to answer the dispossessory proceeding. You have 7 days safety net after the writ of possession issues. If you file an answer and appear in court you will get an additional 7 days. However, you can contact the lender and in return for a consent writ of possession they will sometimes grant you additional time to move out.

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  • Unsigned lease for residential property

    I have been leasing the same house for the last 4 years. Every year, the landlord sends an amendment extending the lease for another year. For the 2009/2010 year the amendment was not signed by either party. We are looking to move 3 months short o...

    David’s Answer

    The general rule is without a lease (or expired lease) the tenant becomes a tenant at sufferance and defaults to a month to month lease. However, you must look at the lease to see if it addresses this issue.

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  • In Fulton County can you file an order to contest a Lien online - pursuant to OCGA 44-14-368?

    Is there any counter claims that can be made if a Lien is fraudulent and filed with false information?

    David’s Answer

    Under the new lien law statutes, an owner or contractor may elect to shorten the time prescribed in which the claimant may commence a lien action. By filing a Notice of Contest of Lien in the real property records, the owner or contractor may in effect reduce the deadline for the claimant to file a lien action. Also, if you obtained a lien waiver you may be able to defeat a claim of lien. Also if this was a new house, the builder/seller should have executed a sellers affidavit swearing that all work within the last 90 days has been paid for in which case you can use the sellers affidavit to defeat a claim of lien. There is other lien information available on my website at www.dvattorneys.com.

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  • Performing a tack and mail

    if a dispossessary needs to be served and there is no structure on the property and the property appears to be abandoned how do you do a tack and mail and can this answer be found in ga law

    David’s Answer

    tack and mail is where the sheriff "tacks" a copy of the summons and complaint on the door rather that personally serving the defendant.

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  • My bank granted a $2880 judgment to be placed on my bank account. The judgment is for some lady in NY and not us. Help!

    Yesterday as I was attempting to pay bills online. My card kept getting declined. I logged in to my account and saw a $2880 hold. When I called the bank, they said it was a legal judgment. This legal judgment is for some lady in NY. We live in GA....

    David’s Answer

    you need to file a traverse

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