Richard Andrew Harting’s Answers

Richard Andrew Harting

Long Beach Personal Injury Lawyer.

Contributor Level 18
  1. I was a pedestrian hit by my wife's car. The act was intentional. How do I make a claim against my car insurance?

    Answered about 2 years ago.

    1. Richard Andrew Harting
    2. Michael Charles Doland
    3. Michael Raymond Daymude
    4. Marc Lazarus
    5. Sanjay Sobti
    6. ···
    8 lawyer answers

    While it is possible to have such acts covered - your problem is you are married to the tortfeasor (insured) and presumably at the time residing in the same residence, as such any claims against her policy will be excluded. If you are preparing for dissolution of marriage you may want to proceed with a suit which may likely be a simple default judgment (meaning she fails to respond to your lawsuit). I believe any judgment will go against her separate property and her 1/2 of the community...

    36 lawyers agreed with this answer

  2. CAN A PERSONAL INJURY ACCIDENT BE DISCHARGED IN BANKRUPYCY COURT IN CALIFORNIA

    Answered almost 2 years ago.

    1. Richard Andrew Harting
    2. Deborah Barron
    3. Robert Bruce Kopelson
    4. Scott J. Corwin
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    a personal injury judgment can be discharged in bankruptcy, unless you have an award inclusive of punitive damages, such as stemming from a DUI. Note, if there is going to be a BK, it is always better for you to go in with a judgment, then just a claim for damages

    28 lawyers agreed with this answer

  3. My lawyer pre negotiated chiroproctor bills, but when the settlement was offered he raised the bills, is this legal?

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Daniel Nelson Deasy
    3. Kevin Coluccio
    4. Jeffrey Ira Schwimmer
    5. Richard Andrew Harting
    6. ···
    9 lawyer answers

    I don't know what you mean by pre-negotiated, but is sounds like an amount was negotiated before you started your treatment. If so this is highly unethical, and very possibly illegal. But lets assume a different understanding, i.e. your file was in settlement negotiations and based on the then status of negotiations, an agreement was made to for amount of your chiro bill. Then the case settled for a higher amount and now the chiro wants more of his bill covered. That is reasonable.

    25 lawyers agreed with this answer

  4. I was hit by a car as a pedestrian. I'm offered a settlement for signing a Bodily Injury release. Should I sign or get more $ ?

    Answered 12 months ago.

    1. Richard Andrew Harting
    2. Mariam Mary Margaryan
    3. Briny Adam Woods
    4. S. David Rosenthal Esquire
    5. Roger Stone Reynolds
    6. ···
    16 lawyer answers

    This question really cannot be answered without more information. What is the nature and extent of your injuries? how much are your medical bills? Do you have any wage loss? There needs to be more development of the change in your activities. You mention "medical liens" which is a term used in conjunction with being represented by an attorney. If you are represented he/she is in the best position to answer this question. Of the cuff the settlement sounds low. If you don't have an...

    23 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Do I need an attorney to speak to the insurance adjuster rep . of the motorist which rear ended, if so why

    Answered over 1 year ago.

    1. Richard Andrew Harting
    2. Steven Mark Sweat
    3. David Ian Schoen
    4. Jeffrey Mark Adams
    5. Michael Shemtoub
    6. ···
    14 lawyer answers

    If you were injured you should definitely have an attorney and let them deal with the insurance carrier. The carrier will be trying to gather personal information about not all of which is geared toward helping you, but rather in anticipation of defending your claim. If you are just trying to get your property resolved go through your own insurance and let them deal with the other carrier in recovering the property damage expense and your deductible.

    21 lawyers agreed with this answer

  6. I was in a car accident and initially sued beyond policy limits. Now the plaintiff wants the limits.

    Answered over 1 year ago.

    1. Barry P. Goldberg
    2. Frank R Sariol
    3. Christian K. Lassen II
    4. David Lee Fiol
    5. Kevin Coluccio
    6. ···
    11 lawyer answers

    If the plaintiff has made a demand within your policy limits and your carrier refuses to pay - they have a big problem if the plaintiff hits over the policy. Almost certainly they will pay the excess rather than risk your subsequent bad-faith claim. If they don't pay the plaintiff attorney will almost certainly offer you a deal to assign the plaintiff your bad-faith claim in exchange for a non-collection agreement. If it all goes south and there are no deals - call me. 800-809-8848

    21 lawyers agreed with this answer

  7. Can I accept the policy limit from the at fault insurance carrier and continue to sue the at fault driver in CA?

    Answered over 1 year ago.

    1. Mher Asatryan
    2. Malosack Berjis
    3. Sean Michael Patrick
    4. Barry P. Goldberg
    5. Richard Andrew Harting
    6. ···
    16 lawyer answers

    No. The insurance carrier is simply indemnifies the at fault driver. The settlement will be a full release of all claims against the driver. You have a lot of unanswered issues. Was the driver the owner of the car? Does your sister have Uninsured Motorist coverage? was the driver in the course and scope of employment or running an errand for someone? Was the driver convicted of a DUI.? Has an asset check been done on the driver? has the driver been asked to contribute funds? You will...

    20 lawyers agreed with this answer

  8. Personal Injury Claim, what options do I have a vailable?

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Pamela Octavia Pitt
    3. Steven Mark Sweat
    4. Jeffrey Michael Padilla
    5. Mariam Mary Margaryan
    6. ···
    19 lawyer answers

    You need to promptly consult with an attorney. Many offices like ours offer a no cost consultation. You will need to determine what assets are available from the defendant and what coverages you have for uninsured motorist (same as underinsured motorist) . If the police came and confirmed the texting issue than follow-up with the investigating officer and the DA for criminal prosecution. You can recover additional monies through a criminal restitution hearing.

    19 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Someone crashed into me and does not have insurance.

    Answered almost 2 years ago.

    1. Manuel Alzamora Juarez
    2. David Lee Fiol
    3. Adrienne Patricia Allen
    4. Kevin Coluccio
    5. Daniel Nelson Deasy
    6. ···
    9 lawyer answers

    Yes consult an attorney. There is a vehicle code that states once other traffic has yielded to you, you may commence you turning movement / entry onto the roadway and all other approaching vehicles must now yield to you. off the top of my head try Vehicle Code 21804(b)

    19 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My car got rear ended and totaled when it was parked... Will I get full reimbursement/a new car like nothing happened?

    Answered 12 months ago.

    1. S. David Rosenthal Esquire
    2. Richard Todd Rosenstein
    3. Christian K. Lassen II
    4. Kevin William Attkisson
    5. Richard Andrew Harting
    6. ···
    12 lawyer answers

    You are only entitled to the FMV. You best bet is to argue by way of producing comparable ads that your vehicle is worth more than the pay off amount, so you can get something back in your pocket.

    19 lawyers agreed with this answer

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