Sorry to hear of your husband’s accident and injuries. In California, the officer’s opinion regarding who caused a collision is rarely, if ever, admissible at trial. The statement of the witnesses and parties given at the scene can come in to evidence through the officer; however, the officer’s arbitrary opinion that your husband is 100% at fault for the incident can be overcome through expert and percipient witness testimony. It is an uphill battle though, because the insurance companies...
4 lawyers agreed with this answer
You say you are “fully insured,” so I would recommend you immediately report the incident to your insurance company. If you have comprehensive insurance coverage, your carrier should pay for the necessary repairs to your vehicle. You should provide your insurance company with the necessary information, including the photos and the witness information so they can attempt to track down the at fault driver and see if they have auto insurance that will cover this loss, and most likely result in a...
1 lawyer agreed with this answer
3 people marked this answer as helpful
In order to protect the statute of limitations on your case, you must have a lawsuit filed on your behalf in the proper Superior Court before 6/7/09; otherwise, you will lose your right to pursue your bodily injury case. The statute of limitations for bodily injury in California is 2 years from the date of loss. I WOULD STRONGLY SUGGEST YOU HAVE A LAWSUIT FILED ON YOUR BEHALF BEFORE THE CLOSE OF BUSINESS TOMORROW 6/5/09 in light of the fact that 6/7/09 falls on a Sunday (which is a non court...
1 lawyer agreed with this answer
I agree with my colleagues. Since the bills were not submitted to the attorney during your case you still have the responsibility to pay.
1 lawyer agreed with this answer
In California, if you do not have valid liability in effect at the time of your collision, you will be limited to recovering only economic damages, which includes the property damage to your vehicle. If you are not at fault for the collision, you should be able to resolve your property damage directly with the at-fault person’s insurance company; however, I would anticipate the insurance company will try to blame you for the incident, at least partially, if this occurs, and you live in San...
1 person marked this answer as helpful
Because you are posting from Fullerton, CA, it appears this is a CA case. It also appears Mercury Insurance is not your insurance company, but is the insurer for the driver who caused the collision. Assuming all of the above to be true, you would not be able to pursue a “bad faith” case against Mercury, because first party bad faith has been abolished in CA. Also, because this is a small claims appeal, it is basically a new case and the small claims judgment is essentially voided. The...
1 person marked this answer as helpful
I would recommend you consult with an attorney and make a claim with the at fault big rig driver’s insurance company. I would also recommend you continue to follow up with a medical doctor and engage in proactive therapy rather than just taking muscle relaxers. Many times what appear to be non serious neck or back injuries can continue to nag and even worsen over time without proper treatment. This can result in chronic neck or back pain, which could have been avoided with proper follow up...
1 person marked this answer as helpful
Your insurance company is obligated to pay up to the limits of your property damage coverage under your liability policy. The minimum required for property damage liability coverage in California is $5,000
1 person marked this answer as helpful
You will want to start by making a claim with both your landlord’s and the plumber’s liability insurance company. When you open the claim, the insurance companies will want to take recorded statements regarding what happened and your injuries. I would strongly urge you to not provide a recorded statement. The insurance company can properly gather all of the information they need from you without taking a recorded statement. The purpose of the recorded statement is to use it against you later...
1 person marked this answer as helpful
Your friend should contact her own auto insurance carrier to report the incident. If she has uninsured motorist coverage on her automobile insurance policy, it will likely apply to her son who was hit by a vehicle, even though he was on a bicycle; however, because your friend’s son is not entitled to compensation through the uninsured motorist coverage (if it exists) on your friend’s auto policy unless the uninsured vehicle has liability for causing the incident, she should immediately...