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Yuri B. Nielsen

Yuri Nielsen’s Answers

17 total


  • Is there statue of limitations on the amount of days to receive a settlement check from MVA? (Arizona)

    Already settled on amount, was told not more then a month, it has been almost 6 weeks. Is this right? Or am I accumulating interest after certain amount of days. I do have attorney, seeking other opinions. Thank you.

    Yuri’s Answer

    The only Statute of Limitations pertains to the 2 year SOL within which you must have settled a Civil Personal Injury Claim or filed a lawsuit to preserve the Statute and avoid being time barred from recovering. If you have executed a release document and returned the document to the insurance company then the process should not take more than 2 weeks for the check to be issued and sent to your Attorney. Your Attorney will then be required to deposit it in his Attorney Trust Account until any pending liens due against your settlement have been resolved. Your Attorney should at that point prepare a closing statement for you detailing where all of the settlement funds are to be disbursed for your approval. The first thing to find out is whether the insurance company has issued your check yet, and if not your Attorney should be able to tell you why this has not be done. If the check has already been deposited in your Attorney's Trust Account then it may take a few days to clear and prepare the Closing Statement assuming all of the pending liens have been resolved. If there are outstanding liens against your settlement then it is likely your Attorney is working on negotiating those liens so that you do not pay any more than legally required. Either way your Attorney should be able to answer your question and explain the situation within a few days if he does not already know the answer because he is in the process of working on lien reductions.

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  • How long does it take to receive check after Auto Accident Injury claim was settled( already been a month since settled).

    Its been just over a month since we settled on an amount for injury claim. The accident took place October of 09'. There are no Liens of any sort. If there are any answers to help me get a timeline on when to expect the check. It has been a long t...

    Yuri’s Answer

    Assuming there are no outstanding liens and you have agreed upon a total settlement amount within a week you should receive either a Release Agreement from the responsible drivers insurance carrier. Once the Release Document has been reviewed and signed you will then want to be sure to make copies and send the original Release Documents back to the Insurance Company Certified Return/Receipt so you have proof of mailing and in exchange for your Executed Release Document the Insurance Company should then issue your liability settlement check to resolve the pending Claims by satisfying the remainder of any existing lien interests.

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  • If someone hit my car while it was parked, can the police give me a ticket for no insurance?

    My car was parked an a man backed into it an fled. I found the car an the owner an called the police. He wrote me a ticket for no insurance. Now I have to go to court an the man who hit my car is still driving.

    Yuri’s Answer

    Yes, regardless of who was at fault for the accident an Officer can and will issue a Citation to any party involved that has not met the minimum State Mandated Insurance Coverage limits. Check your State Law for the exact amount required in your State, but in Arizona it is 15/30.

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  • How do I file a Civil Lawsuit?

    Car accident caused by uninsured motorist, that was also driving on a suspended license.

    Yuri’s Answer

    I would highly recommend you seek the assistance of a licensed Arizona Attorney with this matter. Although technically you can file suit pro per without the assistance of Counsel, having seen the disdain for which many Judges view these situations (primarily due to the non-attorney having little or no experience with Civil Procedure and the Rules required in Superior Court) it is probably not in your best interest to attempt to litigate such a claim without assistance of Counsel.

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  • Rear-ended on the freeway by a drunk driver (DD) in WA state

    My sister was driving my brand new car (2012) and was rear-ended by a DD . Non-critical medical care. The DD was arrested and I have filed a claim with his insurance. Couple questions, my vehicle has yet to be assessed for damages, my concern is i...

    Yuri’s Answer

    You will be able to seek a claim for diminution of value on your vehicle as part of your property damage settlement. The best way to successfully obtain redress for the diminished value is to have an expert (mechanic, car dealer, etc.) provide a statement as to the fair market value of a similar vehicle before and after such a collision. This will strengthen the weight of your argument and increase the value of your claim and chance of success. You should always notify your insurance, most States will have laws to protect against being penalized by the insurance company in an accident in which the insured was not at fault. There may also be policy provisions that may benefit you that you will not take advantage of if you do not report the claim, including medical payments coverage, rental car reimbursement etc. I would highly recommend your Sister seek the advice of legal Counsel on this matter as there are a number of complicating issues here that need to be addressed. For example because the driver was intoxicated there is also a potential "dram shop" claim that can be made if it turns out that the impaired driver was over served at a commercial establishment and was allowed to drive away in a state of obvious intoxication. Also your Sister will want to be sure that her Doctors have completely cleared her medically and there are no potential future medical damages or impairments that can be causally linked to the accident before she even thinks about talking settlement.

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  • Must personal injury cases in small claims court in arizona have to be bodily injury?

    i suffered mental anguish and because of a false statement a person made about me. can i file this claim in small claims court? and would it be a personal injury case?

    Yuri’s Answer

    It depends upon the extent of your damages related to statement in question. If you feel that the economic damages that have resulted or are likely to result from this statement are significant (meaning more than a few hundred dollars) and you have evidence to support the damages you are claiming then your Case would be better served by seeking legal counsel to assist with resolving the matter. Depending on the specific facts involved you could be dealing with slander and/or intentional infliction of emotional distress as a legal theory for recovery in Civil Court. If the anguish you suffered was severe enough to require any sort of psychological counseling or treatment that could add an additional layer of damages directly related and potentially future damages assuming there is adequate support from a licensed care giver.

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  • Going less than 5 miles per hour. Being sued for 100,000.00. Will she win?

    I was in an accident in 08/2009 in Glendale, Az. I was driving my moms car that I use... Her name is the only name on the insurance. I rear ended the person in front of me because my foot slipped off the break. I hit the lady in front of me maybe ...

    Yuri’s Answer

    Although it may seem like no brainer this can be a very complicated question. While many people involved in low speed, low impact Motor Vehicle Accidents will not sustain serious personal injuries, the mere fact that the impact was at a lower speed causing less damage to the property however does not necessarily preclude a person, especially one that may be more pre-disposed to such an injury because of their physical condition from suffering a new injury or exacerbation of a previously asymptomatic injury if they are exposed to unnatural forced of impact or mechanisms for injury. Such injuries have been established through scientific testing published in the United States Federal Register in accidents at speeds below 5 miles per hour as a result of the whiplash type mechanisms for injury that occur most often in the context of rear-end collisions.

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  • Is all tribal law the same in the us?

    Family law issues that was filled through the tribal courts in MT

    Yuri’s Answer

    No each Tribe is considered to be a separate and distinct Sovereign Nation which will each develop its own unique application of Tribal Law and Governance. Often times when a person not licensed to practice law in the Tribal Courts and is unfamiliar with the particular nuances of how they operate will be required to be accompanied/assisted by a local Tribal Advocate who acts as a liaison and procedural guide to the Attorney who would otherwise likely be unfamiliar with Tribal Procedure.

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  • Does a police report have to be 100% accurate as to the facts that happendend to warrant the report.

    Meaning: actually stopped by officer, vehicle was towed and impounded was taken to station questioned and released. Was at this time when I found out about vehicle being towed and/or impounded. Was not given any paperwork concering the tow, had...

    Yuri’s Answer

    No, as with any Report compiled by a human, the report is only as accurate/reliable as the memory and methods that are used to create the best possible record for preserving evidence that may be used for a variety of purposes days, months and years after the fact. Often times the responding Officer will be putting such a report/investigation together on the basis of limited/incomplete information that is gathered from the witnesses at the scene and evidence that is compiled like pieces of a puzzle. Unfortunately, as a result of the fact that most times the Officer does not directly witness the accident and the evidence available is less than adequate to paint an 100% accurate depiction of events, so the officers will use their specialized education, training and experience to fill in the gaps as accurately as possible and their ability to do so will ultimately determine the degree of credibility or weight that will be given when the Officer is scrutinized on the process used to compile their reports after the fact.

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  • I had a small bumper incident at a parking lot. Could I be sued or liable for anything?

    As I was leaving the parking area of the cable center, a female driver backed out of the lot into my rear bumper (assumed). I was about to turn into traffic, and I heard a thump. Turned around and saw a rear end of the SUV so close to my right si...

    Yuri’s Answer

    Based on the information you provided in your summary it sounds like the other driver was at fault for causing the impact, minor as it may have been. If you are waiting at an intersection and another driver backs into your vehicle, they have failed to verify clearance prior to pulling out and if any claim was presented it is likely that they would be determined to be the at fault party. Although rare, injury causing accidents do happen in parking lots as there is a lot more that goes into the mechanisms for injuries in a motorvehicle accident than the force of the impact. You did the right thing by waiting until it was safe to turn and then coming back to the scene to exchange information. It sounds like this is a case of no harm, no foul though. That being said in the future error on the side of caution and exchange the information even if you don't think anyone is hurt. The majority of my clients that have been in motor vehicle accidents with soft tissue injuries don't even realize they are injured until a day or two after the accident and if you don't have that information and there is no police report, you will end up having to make an uninsured motorist claim through your own carrier.

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