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Boris Zinovjevic Gorbis

Boris Gorbis’s Answers

336 total


  • So is California a "no-fault" state for car accidents? The "at-fault" party has no insurance.

    So I was in an accident in early October with my husband as a passenger in my 2013 Ford Escape, a 2013 Dodge Dart hit our vehicle while merging without a turn signal. We exchanged information with a SDPD officer standing by to assist us with the p...

    Boris’s Answer

    You should file an SR-1 report with the DMV if you were hurt or if your (or other party's) damages exceed $750.00. Follow up with a DMV report SR-19. This would get the DMV go after the other driver by sending a letter to her registered address. If she fails to respond her California driver license will be suspended. However since she is on active duty, this issue will not be resolved soon enough.

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  • Can I sue Car Insurance company for taking late payment of a previous month, but then they refused to cover me in a accident?

    A while back I got into a car accident, The car moved into a shoulder lane to pass traffic as I was turning left through a open intersection.(The guy had time to stop but did not. Also He wore glasses but when he came out the car he wasn't wearing...

    Boris’s Answer

    I suggest you send a complaint (fillable on-line) to California Department of Insurance (Insurance Commissioner). (www.insurance.ca.gov). Look for the form "Request For Assistance") Include the timeline and copies of your payment front and back if by check or if done by EW (electronic withdrawal) the cope of the bank record. Your response to the question "What do you consider to be a fair resolution of your question". you may write simply that you want your insurance company to cover you for this loss.

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  • Parking lot fender bender

    Wife was backing out of a space at work. Another lady was in a rush running late. She side swiped the rear bumper on our car, which mainly caused cosmetic damage to the bumper and tail light. I don't know the extent of damage to her car. My wi...

    Boris’s Answer

    In the absence of witnesses and/or video you cannot rely on your wife's identification of speed. If she could see the other vehicle to determine speed why did she proceed or was unable to avoid the accident. I would not get hopes too high on your ability to resolve this matter by arguing the excessive speed.

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  • In California, are attorneys required to maintain a certain level of E&O insurance?

    I was reading the agreement forwarded to me by a potential attorney, (personal injury) and I noticed there is a paragraph that says she does *not* maintain E&O. Is this a problem? Should I look for other representation?

    Boris’s Answer

    No, this is not a problem. In California atorneys are NOT required to have malpractice ins urance. However, California requires disclosure in writing whether a lawyer has or does not have malpractice coverage.

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  • Do I need a lawyer or how to go about this?

    So in 2011 of June I bumped my neighbors car, no damage was done to mine and they have damage all over theirs. They told me they was in two other fender benders. I don't believe I did barely if any damage but I told them to get a quote for te area...

    Boris’s Answer

    If you have insurance, the smartest thing to do is to report this little incident to your liability carrier and have them deal with it,
    If you did not have insurance, you can eithre offer a specific amount you think it would cost to repair the damage you caused or wait until their carrier sends you a big bill you would not know how to attack.
    You would like to have an attorney but in this case you would wind up paying an as of yet undeteremined (but significant) amount of money for legal represantion in a situation that you could easily resolve itself for much less.
    Own up for the damage and offer them real money but... GET A WRITTEN RELEASE OF ALL CLAIMS before or as you pay!

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  • Can a insurance debt collector suspend your license?

    I was driving a family member car and got into an accident. A month later I found out the car I was driving didn't have any insurance. And now the debt collections are sending letter saying I owe the money for their client losses.

    Boris’s Answer

    You owe them money. They do not own your driver's license. Just get insurance or make sure there is one when you are behind the wheel.

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  • Bought a car last week and found out the fuel lines were patched with duct tape.

    I purchased a car from a individual last week and got the exhaust fixed and they told me that the fuel line was leaking , so i go to get it looked at and they informed me the whole steel line was rusted out and and was leaking in several spots tha...

    Boris’s Answer

    Сaveat Emptor. Buyer Beware. Is the ages old rule that answers questions such as yours. Check the car with a mechanic before you buy it is your primary and only defense.

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  • Can I be personally liable for car accident ?

    I had a minor car accident with a passenger on back seat. About a year ago. he wants to sue my insurance for aggrevating an injury he had. ( hernia related ) which he claims prevented him from working, and as a result ended up in a homeless she...

    Boris’s Answer

    I suspect that you are a doctor and have been busy periodically examining your patient-passenger finding him in good health and now suspect that 'he wants money' from you.
    In all seriousness Anyone who was a part of an accident has a right to present a claim to the insurance company of the responsible driver and it is the insurance company's responsibility to adjust these claims in a fair, prompt manner once liability becomes reasonably clear.
    give you ex-friend the benefit of the doubt and report the loss to your insurance company if you have not yet done so and let them know that your passenger has a claim against the policy and let them deal with it.so that you Are not being Sued!

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  • If me and another driver say fault lies with a non-contact driver (rear ended auto accident) in accident report do i have to pay

    On a busy highway, the car in front of me slammed on her brakes to keep from hitting another car that pulled out in front of her. I did also and tried to move into the turning lane, but still hit her car. We both told the police that another vehic...

    Boris’s Answer

    I agree with Mr. Corlelluori -- you will most likely be found responsible for the collision due to failure to mainatain safe distance from the other vehicle. My only admonishion is to report the loss to yuor insurance carrier and have them defend and, if they so decide, indemnify you in this matter.

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  • Car got damaged by vallet. My insurance co' says that we owe the deductable. What do I do - not fair!

    Insurer says their policy is to charge us the deductable. Don't they have a duty to do due diligence to determine liability? If it is a conflicting story - i.e. we say the car is perfect, except for the hudge obvious scratches when it came out of ...

    Boris’s Answer

    1. You rights to payment for repairs in a situation such as yours is by bringing a claim under the 'Comprehensive" ( or 'Collision") coverage of your policy. As you can see from your Declarations page, you agreed to be self-insured to the extent of your deductible. Thus, the carrier is right.
    2. Once payment is made the carrier has the right to subrogate (meaning to claim reimbursement) from the responsible party. They may choose to do that or they may choose not to. If they do exercise subrogation rights for the property damage, they will necessarily include your claim for deducitble and if they do - they will send it to you. Check with your adjuster if the company plans to pursue subrogation claim against the valet.
    3. If you decide to take the matter in your own hands, you should have a copy of the valet parking ticket. On the other side there is usually a picture of the car. Prior to taking bailment of your vehicle, a reasonable valet will mark any visible damages on it. If that is the case, you will succeed in placing the burden of proof on the valet company. It is not a guarantee of winning but it does give you a leg to stand on in a small court action

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