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Allen Paul Vaysberg
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Allen Vaysberg’s Answers

10 total

  • My financed car was totaled by another driver.Their insurance company claims that they only cover up to 10k in property damage.

    The $10,000 won't cover the financing . My car is worth more then $10,000 but the insurance company told me they won't pay a penny more because policy only covers $10,000 in property damage. I don't have Gap insurance. According to the Insurance c...

    Allen’s Answer

    Unfortunately the property damage limitations on the policy should cap the maximum that can be offered by the insurance company for your car. This is why gap insurance would be good for a financed vehicle in this kind of situation. Assuming that you are dealing with the at fault driver's insurance company, you should also ask for a copy of the declaration page and request that you be provided a declaration regarding the assets of the at fault driver to make sure that he or she does not have significant personal assets that could be used to pay you any amount that is owed above the $10,000 property damage limits.

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  • I was rear ended by a Macy's truck at a red light. I went to the doctors the next day, now what???

    After the accident i felt fine but of course as time passed my lower back has become very sore, the doctor just prescribed me pain killers and told me to rest and ice and etc. I have missed this whole week of work and will probably miss another fe...

    Allen’s Answer

    I strongly recommend that you consult with a knowledgeable personal injury attorney. You shouldn't have to pay anything out of pocket to the attorney and a good attorney can help make sure you are getting the appropriate medical care. Also, your attorney should be able to deal with the insurance companies for you so you won't be taken advantage of. Good luck.

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  • Auto accident, hit by drunk driver who ran a red light, do I need a lawyer?

    I was making a left turn in a green arrow and got hit by a person who ran a red light. Police came and performed test on him and he was intoxicated and hand cuffed into police car. My car looked really bad, but may or may not qualified to be tot...

    Allen’s Answer

    You should definitely consult with a lawyer about your situation.

    You do not need to worry about being responsible for attorney fees for the car repairs as it is not customary for attorneys to charge a contingency fee for property damage.

    I help my injured clients with property damage/repair issues as a courtesy. Any attorney that you hire should do the same. Good luck.

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  • If I was injured by a Walgreen's employee, what are the next steps I should take?

    I was walking past a Walgreen's location, when a Walgreen's employee comes dashing out one of their side doors pushing a giant cart and knocked me into the street. The police came the store manager filled out a incident report, and I had to go to ...

    Allen’s Answer

    I would consult with an attorney ASAP. In many if not most instances, large corporations and insurance companies will not pay fair value on a claim when the person is unrepresented by an attorney.

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  • I got in a accident at work. A unsafe step ladder slipped out from under neath me ,due to no locking step , Can i sue manufactur

    Can i sue manufactor for unsafe ladder . It was a older model . But now it would be considered un safe.. Its a step up ladder that locks down when you step on it from your weight.. Injury from it Fractured skull ,broken finger ,ruptured C-6and C-7...

    Allen’s Answer

    I am sorry that you suffered serious injuries in the fall.

    You may have a products liability claim against the ladder manufacturer. An expert would need to be retained to do the appropriate testing and analysis.

    Definitely consult with a skilled personal injury attorney.

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  • Can you be sued by law firm in another state?

    this is regarding a vehicle accident. the vehicle accident was in the state of california. the lawfirm is based in Illinois.

    Allen’s Answer

    Yes as long as there is an attorney licensed in the state where the suit is filed.

    If you have liability insurance for the car involved in the accident, definitely make sure to contact your insurance company and report the claim. If you are sued and you have coverage, your insurance company will provide an attorney to defend you.

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  • In a personal injury case with a L.A. County Hospital lien, which applies as far as reducing their lien? Gov. or Civil Code?

    Government Code Section 23004.1, limits their recovery to judgment and not settlement or Civil Code 3045, which limits their recovery up to 50% after prior liens? HELP!!

    Allen’s Answer

    You can have the hospital lien reduced under California Civil Code Section 3045.4 if there is a recovery. There are also equitable arguments that can be made depending on the circumstances.

    There are other factors which may limit or prevent the hospital from seeking reimbursement such as when health insurance, Medi-Cal, or Medicare is used to pay a hospital bill.

    I encourage you to speak to a personal injury attorney about your situation, especially if the hospitalization was caused due to the actions of a third party.

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  • Does police misconduct fall under civil rights?

    Does police misconduct fall under civil rights?

    Allen’s Answer

    Generally speaking yes it does. Consult with an attorney knowledgeable in this area if you have a potential case.

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  • I was slightly injured when a car turned in front of my motorcycle in 2011. They were at fault but now I'm considering the pain

    /suffering that I continue to go through every day. The wreck occurred Nov 21,2011 so there's not much time to file a lawsuit. (6 days) Can this be done in the time allotted or have I waited too long?

    Allen’s Answer

    Assuming this accident happened in California, you have two years from the date of the accident to file a lawsuit against the at fault driver/owner for your injuries. Time is of the essence if you want to preserve your legal rights.

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  • Do I have any recourse on my accident as a passenger.

    I was a passenger in friends car we was rear ended on 8/9/12 I am 46 years old. The other driver said it was her fault 100% My friends lawyer filed a claim and found out the person only has 15/30 My friends car was totaled which they paid for. I h...

    Allen’s Answer

    Based on your described injuries, you have a claim that is worth far more than $15,000. I strongly recommend that you contact an attorney specializing in personal injury to go over your options with you. Even if the at fault driver only has $15,000 in liability coverage, you could still pursue an underinsured motorist claim with your friend's insurance company if your friend's insurance policy has underinsured motorist coverage that is greater than the $15,000/$30,000 liability policy that the at fault driver has.

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