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Jason Ramsey Schultz
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Jason Schultz’s Answers

8 total

  • There was a car that had run out of gas on the Jimmy Carter overpass. I hit them from behind. Whose at fault? See below.

    There was a car that had run out of gas on the overpass. I was driving behind a large truck and had no view of anything in front of me. I pulled around the truck and saw the car about 10 feet in front of me. I slammed on the brakes but it was rain...

    Jason’s Answer

    Probably a combination of fault. Obviously, one should "run out of gas" and not be able to get out of the travel lanes. That is negligence. You, on the other hand, potentially have a legal "excuse" known as the "sudden emergency" doctrine. In the end, you you were not seriously injured, the claim is probably not worth pursuing in court as the other insurance company will blame you and probably get some traction with a judge/jury and it would reduce whatever damages you proved in proportion to the percentage of fault assigned to you. If the fact finder assigns 50% fault to you, you recover 0$. Georgia is what is known as an "equal fault bar" state.

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  • I got hit by a semi truck in Ga 4/11.Fired one lawyer but new lawyer hasn't worked on new demand package hired 12/11 what to do?

    New lawyer was hired 12/11 no contact with me at all. I've spoke with solicitor and he going to start on my case in few weeks. Insurance company doesn't want to pay for anything because driver claims it wasn't him(hit in run semi truck) but police...

    Jason’s Answer

    I generally agree that not returning multiple phone calls is unacceptable. You need to schedule an appointment with the attorney and discuss the outstanding issues as soon as possible. If that doesn't do the trick, you can always file a bar complaint. If you fire your second lawyer, you may be seen by other lawyers as the 'problem' even if you were not the 'problem'. Many attorneys I know, including myself, are very leery of picking up files that have been worked on by previous lawyer(s) that have been fired. Twenty years of experience has led me to this conclusion. My advice has always been to continue "riding the horse you are on" unless that becomes intolerable. Then pray that some good lawyer will take on the case.

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  • How much of a personal injury case do you feel I have given info below:

    I was entering a local restaurant right entrance door as a patron was exiting from the left door. My foot got caught under the left door that she had opened. The door had a metal weather strip visibly protruding from and separating from the door. ...

    Jason’s Answer

    Definitely contact an experienced personal injury attorney to evaluate whether you have a strong chance of recovery. The owner has a duty to exercise reasonable care to keep its premises and approaches safe. If this was an "unsafe" condition that the restaurant either knew or, in the exercise of reasonable care, should have known about, you likely have a case. The devil is in the details and without photographs, it is hard to tell. Another important issue is whether there were any previous similar incidents. If the "unsafe" condition is something that would not likely be discovered exercising "reasonable care", the case will be much more difficult to prove and win.

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  • Insurance of druck driver that tolal my truck wants a statement of the accident from me

    I got hit by a drunk driver, My truck was damaged on the back and all the passenger side. His insurance says that either it was my fault or that the truck was damage already on the side. His insurance wants me to give them a recorded statement on ...

    Jason’s Answer

    It is not wise to give a statement to the at fault driver's insurance company without consulting with an attorney first. If you give a statement, tell the TRUTH and tell them that it will be limited to the collision and the property damage and nothing else. Remember, you can have your own insurance copmany repair the damage to your truck and then they will go after the other driver's insurance company and also recover your deductible if you were not at fault.

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  • I co-signed for someone to buy a car;can I take the car from him and make him pay to fix it because he failed to pay the insuran

    3 more years before the car is paid off. The driver I cosigned for failed to pay the insurance and could not fix the car after an accident. Because the car is in bad shape, can I ( the co-signer) take him to court to make him fix the car?

    Jason’s Answer

    This really is more a question about contracts than auto insurance. If you had an agreement (written is obviously better than oral for proof reasons) that he/she would maintain auto insurance, I would think that as co-owners of the vehicle, he/she would owe you half of the value of the car just before the wreck occurred. The REAL question is collectibility - if they needed a co-signor in the first place (and then on top of that failed to pay for insurance), does this person really have the financial means or character to pay you back regardless of any judgment?

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  • A friend of mine took my motorcycle without asking and was cut off by another vehicle.

    He laid the bike down and did some damage to himself and to the bike. It was the other driver's fault, but he did not have a motorcycle license or permit (which is why he didn't ask - I'd have said no!). The other driver's insurance probably wil...

    Jason’s Answer

    You probably already have the answer to your question but here goes: you only have to show that your motorcycle was damaged due to their insured's negligence or fault. you don't have to show or prove that your "friend" had permission from you or had a license.

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  • Can a attourney fee's be more than my settlement amount?

    A guy hit us from behind in a motor vehicle accident on 12/16/2009. The guy was at fault. His insurance didn't want to pay for anything so we retained a attourney. When we signed the agreement papers it stated that the fee was 40%, but would be re...

    Jason’s Answer

    The answer depends on the contract that you signed. First, the attorney has to have his/her client's authority to settle the matter. It is good practice to let the client know exactly how much they will get in their pocket at the settlement table so there are not any misunderstandings. It is true that contingent fees are usually taken off the top and then medical bills are the responsibility of the client. Under the scenario presented, I assume the attorney could have taken 40%.

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  • Self Insured Trucking company in AZ

    I was sitting still in traffic in AZ when a TT rolled backwards into me causing damage to my car. So far they are not returning calls to me or my insurance and have not responded to a letter sent by my insurance. My insurance says I have 0% liab...

    Jason’s Answer

    Have your insurance company handle the property damage claims and let them do the "heavy lifting" to get the trucking company to pay up. Once your insurance company gets their money back, they should reimburse your deductible.

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