Skip to main content
Joseph Duc Dang

Joseph Dang’s Answers

9 total

  • Involved in auto accident with an "underinsured" driver

    Received a small settlement from auto collision accident. The insurance company informed me that their client is underinsured. I have an "underinsured" coverage of $500k on my policy and would prefer to confer with an attorney about how to prese...

    Joseph’s Answer

    Yes, please contact a car accident/personal injury attorney immediately.

    You said you "received a small settlement." What does this mean? If you settled for less than the policy limits of the 3rd party you might have some problems.

    Remember, 2 years from the date of injury is the standard statute of limitations to file a lawsuit. All of these facts, plus the possibility of surgery means you need to contact an attorney sooner rather than later.

    See question 
  • Have 4600, med expense, 750 lost income-750 damage from vehicle-was rear ended--what can i expect from farmers insurance ?

    young kid hit me, stated i was at light to long--farmers insurance agent said low impact injury--dont have to pay anything

    Joseph’s Answer

    You probably have what adjusters like to call, Minor Impact Soft Tissue cases. I.e., MIST. Insurance companies have taken a united stand in denying these cases, arguing the force sustained in such an impact is no more than you get everyday.

    You can ask the adjuster what medical training she has received. Her/His answer will probably be "none." You can ask them if they know about snap back injures, and their answer will probably be, no,

    You need a local attorney (at least in San Diego or so) that handles MIST cases. You will get nothing from the insurance company. They are banking on a jury not believing you suffered injuries in this accident, and that you are malingering. Go find a lawyer who has experience proving injuries to a jury in these cases.

    See question 
  • IF MY CAR WAS STOLEN AND INVOLVED IN A HIT AND RUN SHOULD I BE LIABLE FOR DAMAGES TO THE OTHER PERSONS CAR?

    THE COPS TOLD ME TO TAKE MY INSURANCE INFORMATION BECAUSE I AM LIABLE EVEN THOUGH I WAS NOT THE ONE DRIVING THE CAR. IS THIS TRUE?

    Joseph’s Answer

    No. Owner liability in Ccalifornia attaches when there is implied or actual permission to drive the car.

    See question 
  • Can I File a Claim against My Insurance Company and The Person' At Fault?

    Is there any instance in-which a person involved in an accident can file a bodily injury claim against the other drivers insurance company, as well as mine?

    Joseph’s Answer

    Actually, Yes. In certain cases, you may end up pursuing claims against both insurance companies: The other driver as well as your own.

    In California if you have UIM (uninsured motorist) coverage and the other driver's policy is lower than yours, you may in fact pursue a claim against your own policy, under certain circumstances (other policies limit must be exhausted first)

    Review Section (p) of Insurance Code 11580.2

    See question 
  • What the passenger can do when got into an accident?

    I was a passenger in my friend's car and we got an accident. I hurt my leg and I want to know who gonna take care of this? Is that depending on which driver is at fault? I should ask compensation from my friend's insurance company or the other dri...

    Joseph’s Answer

    You will definitely need an attorney to handle this for you. There may be multiple sources of compensation for your injuries. An attorney will help you sort out liabiity, the types of coverage involved and who will ultimately be responsible.

    See question 
  • My Mother has a living will/trust. She never transferred the deed to her home into the trust. Her home is paid for.

    What are the repercussions upon her passing, regarding the distribution of the home?

    Joseph’s Answer

    Has she passed? If not, deed asap (keep an eye on capacity if she's gravely ill). It's easy and fast.

    Best: House transferred into the trust.
    Not as good. Heggstad Petition.
    Worse. Going through probate.

    Disclaimer. I am not your attorney. The End.

    See question 
  • I had a car accident with no one else involved and no property damage. the insurance company states that my insurance was lapsed

    How long is the grace period in tn? And does the state require them to cover you for an extended period? They say that they are not liable. Pretty sad due to the fact that I have held insurance with this company for over 20 years and never had a s...

    Joseph’s Answer

    Tennessee's code for cancellation of insurance is listed here:

    http://law.justia.com/tennessee/codes/2010/title-56/chapter-7/part-13/56-7-1303/

    I would seek a local attorney to discuss whether or not the notice was properly sent/received etc.

    This answer is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. You understand that there is no attorney client relationship between us which can only be established by an explicit agreement between us. This answer should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Joseph D. Dang is licensed to practice law in the state of California only.

    See question 
  • Joint tenancy, right of survivorship.

    2 properties (real) willed to siblings, equally. Both names on deeds. How does joint tenancy,right of survivorship affect this, or does it? How can I find out if this applies at all in this case?

    Joseph’s Answer

    Have you done a search on the Recorders office for your county? That may help with figuring out how it was conveyed (each state is different so I'm not sure how much information you will get from the search, but I would suggest starting there).

    http://recordersoffice.hamilton-co.org/hcro-pdi/IndividualSearchView.jsp

    This answer is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. You understand that there is no attorney client relationship between us which can only be established by an explicit agreement between us. This answer should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Joseph D. Dang is licensed to practice law in the state of California only.

    See question 
  • Need advice- I was in a car accident a few days, not my fault. Driver is 17 and unlicensed, her mom was her passenger.

    I was driving and was side-slicked. The young lady driving told me she left her license at home, and was being difficult. Her mom came out and provided insurance while i wrote down the girls CA ID #. THey left after that. I called LAPD next mornin...

    Joseph’s Answer

    She could be. In California there is owner liability due to a legal concept called "permissive user." California Vehicle Code Section 17151 limits liability to the owners in such situations normally to $15,000/$30,000 (multiple parties). However, when there is negligence involved in the permissive use, these limits do not apply. Permitting an unlicensed driver to drive your vehicle may be considered negligence.

    This answer is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. You understand that there is no attorney client relationship between us which can only be established by an explicit agreement between us. This answer should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Joseph D. Dang is licensed to practice law in the state of California only.

    See question