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Richard Carl Binder

Richard Binder’s Answers

200 total


  • Partial settlement in a workman's comp case?

    I am in the middle of an workmans comp case where after being evaluated by 2 QMEs I have received permanent disability I believe at a rating of 23%. I got a check from the company saying partial settlement which I haven't cashed yet. My lawyer is ...

    Richard’s Answer

    In plain language 1) cashing the check will NOT compel you to use your current attorney (although he will be entitled to a fee of approximately 15% of that amount from your final settlement) 2) It will NOT effect the value of your case (but you can not collect that same sum twice, that is the value of your case will be determined by medical reports and any advances will be deducted from the total value of your injury.

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  • My friend drove a car that I rented and got into an accident. Do I have to pay for the damage?

    My friend & I decided to rent a car for a road trip & take turns to drive. I reserved a car from National and checked it out without knowing I should have added my friend's name on the rental agreement. While he was driving, a deer ran into the c...

    Richard’s Answer

    If the collision between the deer and the driver was the drivers fault, the issue of insurance coverage is not the determining factor with respect to your right to recover from your friend in the event your carrier will not pay for the damage. No doubt National will be making its claim against you, but depending on your policy of insurance (and what insurance you purchased when you rented the car) this might be an expense you will have to initially cover.

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  • Can I sue hertz frenchisee?

    On Wednesday the 5th of August i and my 8 year old had walked in to see if they had rentals available in bishop CA 93514 and the employee or owner saidhe had no compact cars only mid size cars aavailable. So i called to make a reservation online ...

    Richard’s Answer

    Your issue falls more into the category of consumer law or breach of contract. This is not a personal injury question.

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  • What per a landlord is outrageous behavior?

    Accused of outrageous behavior.

    Richard’s Answer

    Unless defined in your lease, that is a question of fact. There is no one definition contained in a statute.

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  • I have no ins $ had minor acc $1061 to other car on school pkg lot. Both claim other @ fault. no police can I be sued lose licen

    I was waiting in traffic lane & hit from behind. This is school pkg lot and is private property. His insurance adjustor found me at fault without my side of story. There was no police report or accident reported. They are now subrogating for damag...

    Richard’s Answer

    You are in a tough spot. The amount in dispute does not justify retaining counsel (except on principle), but if you feel strongly, you can defend any action brought by the insurance carrier by yourself (you do not need to be represented by a lawyer).

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  • How do I get the insurance to pay my Total loss leased car

    My car was parked outside my house when it was struck by a driver in a truck. My car is considered a total loss and the insurance is going to my pay car off. The problem that I am running into is that the insurance company will not give me any mon...

    Richard’s Answer

    Usually gap insurance is included in most leases by the company financing the lease. Even so, gap insurance cover the "gap" between the fair market value of the car and the pay off on the lease. In many instances you can get a no down payment lease (your monthly payments will just be a little higher).

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  • Do I have a case?.

    I'm in a lawsuit with these book ppl and they have harassed us threatened my husbands military career and I have emails of all of this and he's suing us for 2600 plus charging us for storage since I sent the books back. I tried canceling before th...

    Richard’s Answer

    If know that you complied with the cancellation provisions of the contract, just do not take his calls and block his email. It costs over $500.00 (in California) to file a lawsuit, so unless he takes you to small claims court, its doubtful he will carry out his threats.

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  • My daughter was diagnosed with a life shortening illness 8 years ago, found out she didn't have it after all. Can I sue?

    8 years ago my daughter was diagnosed with Cystic Fibrosis. She has been on more than 40 pills a day more than 4 breathing treatments and several other medications to treat the disease daily, for eight years. She has accepted she will probably hav...

    Richard’s Answer

    The cause of action belongs to your daughter, as long as she complies with the applicable statute of limitations. That said, there is a cause of action for "negligent infliction of emotional distress," but a lot more information would be needed to assess if that is a viable lawsuit.

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  • I sued/settled my HOA. Then their attorney sent letters to all owners attacking me (95% is verifiably false). Are they protected

    from defamation action by below? They even said the settlement was 1/3 of what it was. “.. undersigned hereby releases and further discharges (X), their agents and employees and all other persons, firms and corporations from all claims and de...

    Richard’s Answer

    I would need to see what they wrote about you to answer the question. Generally the release relates to the basis for the law suit that you filed. It does not protect anyone from future acts.

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  • My neighbors daughter was riding her bike and a automobile blew past a stop sign. what remedies do the parent have ?

    The automobile recieved a ticket and the insurance agency , i believed, played for the the out of pocket expenses to see an physician . Do the parents have any remedies, the child does not seem to be all there now. apart from the physical injury ...

    Richard’s Answer

    In Calif the parents would have no independent legal remedy, since they did not "see" the incident so they can not claim an injury. However, they can sue the driver of the car on behalf of their daughter. If your daughter has emotional problems due to the accident she can recover for those injuries, but proving them will not doubt involve her seeing a psychologist.

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