James William Guarnieri Jr.’s Answers

James William Guarnieri Jr.

Brandon Car / Auto Accident Lawyer.

Contributor Level 10
  1. I pay my adult daughter's car insurance am I liable if she causes a DUI fatality?

    Answered 8 months ago.

    1. James William Guarnieri Jr.
    2. Marian Audrey Lindquist
    3. Don Paul Harvey
    4. Miguel Amador
    5. Josh P Tolin
    6. ···
    11 lawyer answers

    Without more than just paying for the insurance I doubt it. Typically liability for someone other than the driver of the car is established through ownership/co-ownership of the vehicle. If there was some other active role in the accident or the events leading up to the accident (e.g. a bar serving a habitual alcoholic) that is another possibility. But being in another state and the only relation being the payment of the premiums, I don't see a basis for liability. If any claim is made on you,...

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  2. I told my lawyer to settle a car accident claim, she settled for $15,000, afterwards I changed my mind

    Answered 9 months ago.

    1. Richard L. Weldon II
    2. Jacob W Pillsbury
    3. James William Guarnieri Jr.
    4. Don Paul Harvey
    5. Alyson Marie George
    6. ···
    11 lawyer answers

    Possibly. The defense is filing a motion to enforce settlement. If there was a clear offer, an understanding of the offer and an acceptance of the offer, the defense may well be able to enforce the settlement. You may be in for an evidentiary hearing where you would be required to testify as to your understanding of the settlement offer and whether you advised/instructed your attorney to accept that offer. The signing of the release is not the controlling factor here.

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  3. Car accident, other drvier at fault but insurance company is placing fault on me.

    Answered 6 months ago.

    1. James William Guarnieri Jr.
    2. Christopher Robert Dillingham II
    3. Alyson Marie George
    4. Adam Todd Dougherty
    5. Jeffrey Mark Adams
    6. ···
    12 lawyer answers

    At this point there may not be much for you TO do, depending on your damages. If the company has already taken a position on liability you will likely have to hire an attorney to fight for benefits to fix your vehicle. You will also need an attorney if you have any injuries as a result of the accident.

    19 lawyers agreed with this answer

  4. Insurance will not respond to my demand letter for a personal injury claim(2wk deadline) What next?

    Answered over 1 year ago.

    1. James William Guarnieri Jr.
    2. David Irving Shiner
    3. S. David Rosenthal Esquire
    4. Jeffrey Robert Davis
    5. David John Glatthorn
    6. ···
    15 lawyer answers

    Insurance companies (and risk management departments) don't respond to people on the basis of what's right or what they ought to do. It is on the basis of risk or leverage. Often times they see little risk in ignoring an individual writing a letter. I wouldn't be surprised to learn that many people write letters similar to yours and simply do not follow up on them later, emboldening the insurance companies to act the same way in the future. Other times, of course, they could ignore what they...

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  5. I got into an accident, I am 22 and uninsured. Can the hospital come after my parents for the bill?

    Answered 7 months ago.

    1. Gabriel Dante Mazzitelli
    2. Don Paul Harvey
    3. James William Guarnieri Jr.
    4. Christopher Robert Dillingham II
    5. Olga Porven
    6. ···
    10 lawyer answers

    No.

    14 lawyers agreed with this answer

  6. Question regarding soft tissue claims made by adjuster.

    Answered over 2 years ago.

    1. David Michael Koberlein
    2. James William Guarnieri Jr.
    3. Marian Audrey Lindquist
    4. Michael Lane Morgan
    5. Jeffrey Alan Adelman
    6. ···
    12 lawyer answers

    That is the insurance adjuster's party line. Unless you have a bone sticking out (and even sometimes then) you have a minor injury. Sometimes they believe it, sometimes they don't, but they almost always throw that out there. If you have the injuries you describe and an adjuster is giving you that line, make sure to get an attorney to run that gauntlet for you.

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  7. Is there a cap on auto mobile insurance when an accident is involved?

    Answered 5 months ago.

    1. James William Guarnieri Jr.
    2. Marian Audrey Lindquist
    3. Laura Lee Shields
    4. Christopher B. Wigand
    5. Jeffrey Mark Adams
    6. ···
    13 lawyer answers

    A cap is not really the issue. A floor is. In Florida, most people are not required to carry any liability insurance (meaning insurance that would cover your injuries if that person is at fault). That is why I advise my clients to always carry UM, which covers you where the other insurance leaves off (even if it leaves off at 0). If the other side had no liability coverage, you had no UM and there is no 3rd party that may be at fault, you might be out of luck. However it would not hurt to have...

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  8. Need lawyer experienced taking action involving death and against governmental defendants. Sep. 2012 dad died hit by schoolbus

    Answered 8 months ago.

    1. John Michael Phillips
    2. David Hughes Harris
    3. Alyson Marie George
    4. David A. Papa
    5. Christopher Robert Dillingham II
    6. ···
    14 lawyer answers

    [removed]

    13 lawyers agreed with this answer

  9. Rear ended 6 months ago, major lower back pain just begun, should I seek legal council or is it to late?

    Answered 9 months ago.

    1. James William Guarnieri Jr.
    2. Brian Robert Dettman
    3. Michael David Myers
    4. Daniel Nelson Deasy
    5. Don Paul Harvey
    6. ···
    9 lawyer answers

    You can absolutely bring a claim. Delays in treatment and the existence of pre-existing injuries make a claim more complicated, however you still have the right to bring the claim. Now that you understand that you do have an injury, make sure to consult with an attorney as soon as possible.

    12 lawyers agreed with this answer

  10. Pesrsonal Injury Attorney

    Answered over 2 years ago.

    1. Jeffrey Alan Adelman
    2. James William Guarnieri Jr.
    3. Lars A. Lundeen
    4. Christian K. Lassen II
    5. Jason Eric Neufeld
    5 lawyer answers

    It sounds like you're saying that you were in a car with no insurance that was hit by another car with insurance. If you're the driver, you do not get PIP. If you're a passenger and do not own a vehicle, you may be entitled to PIP from the other vehicle. The PIP will only cover bills and lost wages. Regardless of the insurance status of the vehicle you're in, if the at-fault vehicle has liability coverage, the persons in your vehicle can make a claim against that coverage. There are, as the...

    12 lawyers agreed with this answer

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