Gil Shuga's Answers

Photo radar ticket--can i fight it or just ignore it???

It is unclear from your question, but I will assume that your father received a photo radar ticket on a car registered in his name, but which he was not driving. Also, your father lives in Minnesota but the ticket was issued in Arizona. Under Arizona law you cannot be required to identify the person in the picture. Of course, you may voluntarily identify the person, whether it is you or not. The burden is on the state/county/municipality to prove who it is. These tickets are often issued...

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Personal injuries

I am licensed in Arizona. These other guys are not. I don't know why they try to answer questions for jurisdictions in which they are not licensed. There is no third party bad faith cause of action in Arizona. That means you cannot directly sue somebody else's insurance company because you feel they did not treat you fairly. The insurance company may be acting in bad faith with respect to its own insured (the negligent party) and, in certain circumstances, that person's bad faith claim...

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Can I get a diminished value compensation in a car accident?

Yes, you are entitled to compensation for the diminished value of your vehicle. Unfortunately, most insurance companies fight these claims and will require you to file suit. Then you will need an expert witness to prepare a report and testify to support your claim. Unless you have a high-value car, and your claim is substantial, the cost of the lawsuit and the witness fees would be prohibitive. The best way to determine the diminished value without hiring an expert would be to take your car...

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Is the lawyer supposed to get more in a personal injury suit than the client?

I don't understand why out-of-state lawyers continue to answer questions for states where they are not licensed and not qualified. I am a personal injury attorney licensed in Arizona. The out-of-state lawyers are correct when they saying that the attorney's fee is governed by your written contract. There is also an ethical requirement in Arizona that the attorney's fee be reasonable. If you do not feel it is reasonable you may contact the State Bar of Arizona for assistance. Before...

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I rceived a ticket for going 40 mph in a 25 mile zone. I asked the police officer to show me the radar and he did not.

I am an attorney licensed in Arizona. The police officer was not required to show you the radar. In Arizona typical traffic cases are civil, not criminal. Therefore the state has a much lower standard to find you responsible. An Arizona licensed attorney experienced in handling traffic cases may be able to successfully defend you. But you have to decide if it is worth the expense. Gil Shuga Law Office of Gil Shuga Mesa, AZ 480-854-4766 www.gilshuga.com

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Where can I find the description of what consitutes running a red light, and testing of the traffic lights for delay in AZ

ARS 28-645 A.3. (a)Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal alone shall stop before entering the intersection and shall remain standing until an indication to proceed is shown.... "Intersection" is defined elsewhere in Title 28. A report regarding the timing of traffic lights can be obtained from the street department of the city in which the ticket was received.

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I have received 3 speeding tickets from those ridiculous radar sensors...

When you say your dad was “served” do you mean a process server actually served him with the summons, or did he simply receive the ticket in the mail? Either way, he should not be responsible unless he accepts responsibility and “admits” it is him in the photos. You still must be properly served in order for the court to find you responsible. Mailing it to you is not service under the rules unless you voluntarily accept service by signing it and sending it back, acknowledging that you...

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Sue a company

I do not know if your husband is an idiot. But whether his “signing off” (or agreeing to a settlement, if that is what really occurred) is binding on you, depends upon the type of claim it is. If it is an injury claim where you were separately hurt then no, he can not waive your claim. If he was hurt, and you want to bring a claim for loss of consortium (love and affection) because of his injury, then it is waived as your claim only exists if his does (that is called a derivative claim.)...

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Car Crashed Into My Home, Now what Should I do?

Check with your own insurance company before you make any claims against the driver who crashed into your house. By accepting money for your losses from your own policy you may have assigned your right to purse the individual who caused the damage to your own insurance company. If so, that company may file a claim against the other driver and get your deductible back in the process. If your insurance contract has this requirement and you pursue the other driver without your insurance company’...

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When settleing a car accident without a lawyer can you ask for pain and suffering as part of your settlement?

Is not too late to hire a lawyer to handle this for you. Insurance companies never treat unrepresented claimants the same way they treat those who have lawyers. Of course you are entitled to payment for pain and suffering, or "general damages" as they are more properly called. There is no set formula to determine this amount. The insurance company will only pay you what it thinks it can get away with, not a penny more. Keep in mind that the insurance adjusters do this all day, every day....

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