David James Reinard’s Answers

David James Reinard

Seal Beach Car / Auto Accident Lawyer.

Contributor Level 7
  1. Am I liable if the car I sold breaks down on the buyer?

    Answered about 5 years ago.

    1. Joshua Shulman
    2. David James Reinard
    2 lawyer answers

    If the facts are as you state, you should not be liable. You would run into trouble if you misled the buyer, but if you did not you should be OK. The problem with these kinds of issues is that the other person can file an action against you and claim that you lied. Depending on the proof that is available, it would probably just be your word against his, and you could lose. It would be great if, for example, you had some type of writing confirming that you sold the case "as is," but most...

    2 people marked this answer as helpful

  2. Are golf courses liable for damage to car being hit by a golf ball on a city street near the course

    Answered almost 5 years ago.

    1. David James Reinard
    1 lawyer answer

    I think you have a shot at getting paid by pointing out that there is no netting. There should be a net, I would think. The golfer would not be liable because he/she didn't do anything wrong. It is normal for golf balls to fly off of a course, so the golfer wasn't negligent. The course would have a duty to protect the public from stray golf balls though. The problem you have is what to do to force them to pay if they refuse. In California, we have "small claims court" where a person can pay a...

  3. Can someone sue for malpractice after a death tha happened 10 years ago?

    Answered almost 5 years ago.

    1. David James Reinard
    1 lawyer answer

    I am very sorry for your loss, but this does not appear to be a case that you could file. I am a lawyer in California, so I do not know the statute of limitations in Pennsylvania, but I cannot imagine you could file a suit for something 10 years ago. Also, for any case, you must prove that the negligence (if there was any) caused the death. Since your mother passed away so soon after she went to a doctor, the defendants would claim (with success, I fear) that the two-day delay in making the...

  4. I had an automobile claim which took about 2 months to process. Should i be reimbursed for the time i didnt have a car?

    Answered almost 5 years ago.

    1. Jennifer Ann Jacobs
    2. Bryan David Caulfield
    3. David James Reinard
    4. Howard Robert Roitman
    4 lawyer answers

    They do owe you for rental reimbursement, but probably only for as long as it took to actually repair the car. Unfortunately, I doubt a lawyer would help because the amount of money involved is probably pretty small. I would send them your receipt and keep after them. They should pay this.

  5. Can personal injury awards be taken after Chapter 13 is discharged?

    Answered almost 5 years ago.

    1. David James Reinard
    2. Robert Keith Prater
    2 lawyer answers

    This could be a problem for you. If you had the accident before or during your bankruptcy, the injury claim should have been listed as an asset in your bankruptcy. I am not a bankruptcy lawyer, so I do not know more than this.

  6. Will I be sued?

    Answered almost 5 years ago.

    1. David James Reinard
    1 lawyer answer

    This is exactly why you buy insurance. Your company should handle this claim with minimal inconvenience to you. If the injuries are serious enough to be worth as much or more than your policy limits, your insurance company has a duty to settle the case. If your company does not settle the case when they should have, they would have breached their duty to you. You buy a policy to protect yourself financially. They are obligated to protect you. If they don't settle the case when they...

  7. If a tire on the vehicle in front of me blows out and damages the front end of my car is the owner of the other vehicle liable

    Answered almost 5 years ago.

    1. David James Reinard
    2. Lars A. Lundeen
    2 lawyer answers

    There is no one-size-fits-all answer to this. The first thing to know is that a person is only responsible for an accident when they do something wrong. (In legal terms, they must be negligent before they are liable for damages.) In this case, it is quite possible they did something wrong. For example, if the tire blew because it was worn out, the other party would be at fault because they would have failed to maintain their vehicle. On the other hand, if the driver ran over an object he...

  8. What do I do if I am not at fault for an accident but the other driver says I was?

    Answered over 5 years ago.

    1. David James Reinard
    1 lawyer answer

    The best thing to do at this point is to let your insurance company handle the issue. The claims adjuster should perform an investigation, including taking statements from witnesses and visiting the scene. The adjuster will then make a decision as to who was at fault. If the adjuster determines you were not at fault, he or she will deny the other person's claim. If the adjuster determines you were at fault, there will be efforts to resolve the claim. If the other person files a lawsuit,...

  9. Can a person sue me if they get hurt doing yard work for me

    Answered over 5 years ago.

    1. David James Reinard
    2. Edgardo Rafael Baez
    2 lawyer answers

    As with many things in the law, the answer depends on the circumstances, and it depends on the law in your jurisdiction. It is possible that they could be considered your employee and be entitled to workers' compensation benefits regardless of whose fault the incident was. If they are not considered your employee, their ability to recover damages would depend on whether you were negligent (i.e., did you do something wrong). For example, if you had left a sharp metal object on the ground in...