Jeffrey Michael Padilla’s Answers

Jeffrey Michael Padilla

San Diego Car / Auto Accident Lawyer.

Contributor Level 13
  1. Truck rear ended my vehicle causing me lower back and neck injury escalating to severe head aches from my neck.........

    Answered about 1 year ago.

    1. Jeffrey Michael Padilla
    2. Kristin E. Hobbs
    3. Mariam Mary Margaryan
    4. Scott J. Corwin
    5. Paul J Molinaro
    6. ···
    9 lawyer answers

    There are many factors that go into an injury claim evaluation. You attorney is privy to those issues and any respondent in this forum is not. It would not be very fair for anyone hear to give advise on whether or not you should settle the claim. That being said, if you attorney has not so advised you, you should know that you have two years in which to file a lawsuit for your injuries resulting from this accident. That also means that you have time to heal and determine the full extent of...

    12 lawyers agreed with this answer

  2. Is there a form to fill out to extend the 2 year limit for settling an auto accident claim?

    Answered over 1 year ago.

    1. David Lee Fiol
    2. Barry P. Goldberg
    3. Jeffrey Michael Padilla
    4. Marc Lazarus
    5. David Phillip Beeson
    6. ···
    13 lawyer answers

    There is no extension to this deadline. The only way to preserve your claim is to file a lawsuit prior to August 14. I urge you to consult with an attorney for a proper and thorough examination of your claim. There still may be a chance to resolve the claim without filing a lawsuit if you act fast. It is a simple fact that the insurance company representing the defendant will never provide you with their best offer until they are faced with the threat of a possible jury trial. That...

    12 lawyers agreed with this answer

  3. Am i liable in any way?

    Answered over 2 years ago.

    1. Jeffrey Michael Padilla
    2. Christian K. Lassen II
    3. Joel Jay Kofsky
    3 lawyer answers

    The practical reality is that it is highly unlikely you would be personally liable under these circumstances. If the vehicle was insured then the insurer will provide counsel who can answer any questions you have. Of course, if the other driver is at fault, then any liability or coverage issue is moot.

    12 lawyers agreed with this answer

  4. How long can an insurance company string out a decision on a claim?

    Answered over 2 years ago.

    1. Jeffrey Michael Padilla
    2. Joseph Jonathan Brophy
    3. Christian K. Lassen II
    4. Joyce J. Sweinberg
    5. Andrew Daniel Myers
    5 lawyer answers

    You should have your attorney help you understand what might be holding up a response. Insurance companies are notorious for unreasonable delay and unfortunately there is little that can be done to force their hand other than filing a lawsuit. Your attorney may be waiting to take this step because it costs hundreds of dollars to file a lawsuit and this would come out of your recovery as a cost of the case. Don't be afraid to talk to your attorney about what is being done to press the issue....

    12 lawyers agreed with this answer

  5. Attys don't want auto PI cases w/ med specials <$1K. Adjusters don't take non-represented claimants seriously. What to do now?

    Answered about 1 year ago.

    1. Jeffrey Michael Padilla
    2. Mariam Mary Margaryan
    3. Ajay Mohan Kwatra
    4. David Vincent Hiden
    5. John Noah Kitta
    6. ···
    13 lawyer answers

    The insurance company is not going to put a reasonable sum on the table until they are faced with the threat of a judgment. This is why most serious injury cases require a trial attorney because then the insurance company appreciates that if they don't make a fair offer the attorney will put the matter before a jury. Most of the time, the insurance company doesn't want that. Now, in your situation, while it may not make sense to have an attorney taking a fee and running up costs on a case...

    Selected as best answer

  6. I was injured in an auto accident by a driver operating a company vehicle. Is my lawsuit against the driver, the company or both

    Answered 10 months ago.

    1. Malosack Berjis
    2. Briny Adam Woods
    3. Roger Stone Reynolds
    4. Pamela Octavia Pitt
    5. S. David Rosenthal Esquire
    6. ···
    16 lawyer answers

    This is likely to be a complex matter and I urge you to consult with an experienced trial attorney. The short answer to your questions is, yes. You will be able to claim lost wages and pain and suffering. Your claim will be against both the driver and the company. There are so many variables that may go into resolving a claim like this that they can't possibly be summarized on this forum. For now, I would recommend you not discuss the claim with a representative of the other driver...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What should I expect next?

    Answered 9 months ago.

    1. Steven Mark Sweat
    2. Jeffrey Mark Adams
    3. Christian K. Lassen II
    4. David Ian Schoen
    5. Christopher John Gansen
    6. ···
    9 lawyer answers

    I am terribly sorry for what your family is going through. While I am not a criminal attorney, and I defer all responses in that arena to them, I do believe I have some information that could be useful to you. While the other driver is likely going to prison, you still have the option of making a claim against him for the wrongful death of your father. If the driver had little or no insurance and no assets worth pursuing, you do have another option in the civil arena. You can pursue any...

    11 lawyers agreed with this answer

  8. California. My business partner killed in an accident. His family making wrongful death claim against driver. Do I have a suit

    Answered over 2 years ago.

    1. Jeffrey Michael Padilla
    2. Constantine D. Buzunis
    3. Marc Sean Hurd
    4. Christian K. Lassen II
    5. Steven Mark Sweat
    5 lawyer answers

    No. Only family is able to bring a claim for wrongful death. I understand that there are insurers that offer business insurance policies to cover such situations, but it sounds like you had not acquired one. I wish I could provide better information and wish you the best as you move forward.

    11 lawyers agreed with this answer

  9. Uninsured motorist and bodily injury claim, how do I get all my medical expenses paid?

    Answered over 2 years ago.

    1. Jeffrey Michael Padilla
    2. Steven A Schwartz
    3. Mark Jeremiah Peacock
    4. Norman Gregory Fernandez
    5. Steven Mark Sweat
    6. ···
    10 lawyer answers

    When you are hit by an uninsured driver and your own auto policy includes coverage for such incidents, as it sounds like yours does, your insurer essentially steps into the shoes of the liable uninsured driver. Just because your insurer is now handling the claim does not mean that they will treat you fairly. I encourage you to speak to an attorney about this. This can be done over the phone for free. You are welcome to call my office as we handle these types of cases regularly. Whether...

    11 lawyers agreed with this answer

  10. I got into an accident and my girlfriends insurance doesn't cover me.

    Answered over 1 year ago.

    1. Barry P. Goldberg
    2. Jeffrey Michael Padilla
    3. S. David Rosenthal Esquire
    4. Michael Shemtoub
    5. Minh Tri Nguyen
    6. ···
    8 lawyer answers

    You need to speak to an attorney and provide more information. If you have a copy of your girlfriends insurance policy you will want to provide it to the attorney for review. If you don't have it, start working to get it now. The law says that if you do not have insurance on your car and you are hit and injured, then you cannot recover pain and suffering damages. In your case, much more information will need to be provided. The fact that you were in your girlfriends car and that she did...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

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