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Max Draitser

Max Draitser’s Answers

72 total


  • Can they take away a my father's home if my uninsured brother is being sued for a accident involving bicyclist?

    My brother was driving my fathers car. He is uninsured and listed as an excluded driver on the policy. Insurance has already said they will not cover any damages, but we received a letter from a lawyer retained by the bicyclist injured in the acci...

    Max’s Answer

    Unless your father negligently entrusted the car to your brother or there are some other unusual circumstances, a vehicle owner's liability is limited to $15,000 (Cal. Vehicle Code 17151(a)).

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  • Settlement Offer

    My attorney received the settlement offer after car accident I told her that I will think about it. Can attorney without my signature accept the offer? How much time do I have to think? How does it work???

    Max’s Answer

    No. Meet with your attorney to discuss the offer.

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  • Would this be my fault? or the other drivers? i was hit making a legal left turn.

    i was facing north making a left turn on a green light westward, and half way on the turn a car hits me at a high speed going south. i wasn't able to take any photos, the police officers interviewed me and and decided to tow the car while they wer...

    Max’s Answer

    Agree. Make sure you notify your insurance carrier. Generally speaking, the duty is on the left-turning vehicle to wait until all cars that could reasonably be construed as a hazard have passed. Is there some reason you did not see or wait for the oncoming car? His speed could be a factor but this is a fact-specific inquiry and you have not posted enough facts to make a fair assessment. Assuming you have insurance, let them sort it out.

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  • Personal injury settlembtents.

    My personal injury case just settled, for some reason I feel cheated and short changed, after all the monies were paid and negotiated with the medcal liens that I had, after my attorney took his 40% plus $7000 in attorney fees, I was paid a whoopi...

    Max’s Answer

    I don't see a question posed in your post, so I will just make some general statements and pose questions to you about settlement:

    Did the attorney settle with your permission?
    If yes, did you ask him what would be your net if you approved the settlement?
    I'm not sure what you mean when you say he took 40% fee plus $7000 fee. Do you mean costs?
    Was the $50000 the policy limits of the defendant? Have you asked your attorney if there are other policies that might cover this loss (for example, underinsured motorist).

    Lastly, have you spoken with your attorney about your concerns? I'd sit down and have a heart to heart.

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  • Slip and fall at a Private University steps to the underground parking structure -

    Two broken bones in right ankle - out on disability for 8 weeks - can't drive - can't teach on a public campus with a non walking cast - do I have a case?

    Max’s Answer

    It really depends on the reason for your fall. Can you expand on that issue?

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  • How to deal with a car accident claim out of state?

    My husband and his friend were( in a cab)rear-ended in Las Vegas last weekend. My husband has been experiencing back and neck pain all week. Las Vegas police said the report will not be done till the end of the week. How should he go about this s...

    Max’s Answer

    You guys need an attorney in Nevada. Let me know if you'd like a referral.

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  • Los Angeles resident, Personal Injury in New York @ JFK

    I was injured at an airport in New York but I am a resident of Los Angeles. I called a couple law firms in los angeles and they are not sure whether they will be able to represent me in New york because they are not licensed to practice in NY....

    Max’s Answer

    You need a New York attorney.

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  • Are punitive damages that are awarded , taxible income?

    If I receive a punitive damage award for my civil case, do I have to pay taxes on that money?

    Max’s Answer

    You're best off discussing this with a tax professional.

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  • I am at fault, what happens now?

    I am at fault I side swiped a parked vehicle, no injuries just the property damage. I have full coverage. I do not have their insurance information, but they have my vehicle info. I submitted a claim with my insurance company, and they have deemed...

    Max’s Answer

    • Selected as best answer

    First, let me commend you for taking responsibility for the accident. Too often folks look for a way out.

    Your insurance company will pay up to the limits of your policy for property damage. Unless you don't have enough coverage for the damage and rental, you shouldn't have to pay anything out of pocket.

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  • What should i do. we share a driveway and it wasnt a problem before but cops told me i cant park their anymore.

    We bought this house in 2000 and it was shared driveway. Before it wasnt a problem but now cops told me i cant park in my own driveway because it would be on her property line. We been parking here since we bought the house i dont know what to do.

    Max’s Answer

    I've re-tagged this question as it doesn't relate to personal injury.

    If it's important enough to you, I'd speak with a real estate attorney about what covenants run with the respective properties. You might also have an express or implied easement.

    You're best served having a consultation with an attorney experienced in these types of matters.

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