Gary Leigh Moorhead's Answers

What can I claim when I got in to a motorcycle accident with expired insurance, but that was another driver fault.

If you did not carry liability insurance on your motorcycle when hit, you are limited in CA to recovery of economic damages ony, unless the at fault driver was driving under the influence. Economic damages consist of poroperty damage to your bike, medical bills, wage loss and any "out of pocket" bills incurred, like a vehicle rental. You are not entitled to "non-economic damages" for pain and suffering, road-rash scar embarrassment, etc.

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Hi, My wife had a car accident (not at fault) in 2007 and we filed chapter 7 bankruptcy in 2008.

This is a question you need to address to a bankruptcy lawyer, but since your wife's claim for injuries (a cause of action, or asset) occurred prior to the filing of the bankruptcy, it should have been listed as an asset in the BK filing. I believe the trustee could re-open the discharge, depending on the size of the settlement, if any creditor petitioned him to do so.

Do I have the option to request one check from the insurance company that will cover my med bills and personal injury.

The insurer for the responsible driver will send you one check to cover your medical bills and "personal injury" in exchange for a signed agreement from you releasing its insured from all past, current and future damages. If you sign this release, you are giving up your right to obtain any future damages from the responsible party. You did not mention lost earnings as part of your question, and I assume you are referring to "pain & suffering" when you refer to "personal injury". If your...

Got a ticket for hit and run case although I was the victim

Ask your insurer for photos of the damage to your car, which will demonstrate an impact to the right side of your car, and explain the circumstances of the the collision to the traffic judge, indicating that you were traveling within the posted speed, saw the car to your right veer into your car, that you had no time ot avoid the collision, and that the collision caused you to lose control, not your "unsafe speed".

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Got a ticket for hit and run case although I was the victim

Ask your insurer for photos of the damage to your car, which will demonstrate an impact to the right side of your car, and explain the circumstances of the the collision to the traffic judge, indicating that you were traveling within the posted speed, saw the car to your right veer into your car, that you had no time ot avoid the collision, and that the collision caused you to lose control, not your "unsafe speed".

1 person marked this answer as helpful

Got a ticket for hit and run case although I was the victim

Ask your insurer for photos of the damage to your car, which will demonstrate an impact to the right side of your car, and explain the circumstances of the the collision to the traffic judge, indicating that you were traveling within the posted speed, saw the car to your right veer into your car, that you had no time ot avoid the collision, and that the collision caused you to lose control, not your "unsafe speed".

1 person marked this answer as helpful

Is a lump sum settlement based on emotional distress on account of physical injuries received while at work taxable?

Personal injury recoveries for bodily injury (emotional distress is a component of bodily injury claims) are not taxable under federal law or CA state law

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Wht can i do my daughter let her friend drive my car without permission and i received a letter her friend backed into a car

You indicate that your daughter is not listed as a driver on your car's auto policy. If the policy provides that only listed driver's are covered, then you will probably have no coverage for her friend's accident in your car.Most policies provide coverage up to minimimum financial responsibility laws for permissive users of your vehicle. Although you did not give your daughter's friend specific permission to drive, you did give your daughter permission, and she then passed this permission on to...

Can my parents be sued for my accident if its in a company car?

You are an adult and employed by a company that has you driving its car. If you cause an accident while driving the company car, your parents aren't liable for your negligent driving. The responsible party will be you and the company, and the company's insurer will defend both of you against the claim. Your parents will not be sued under these circumstances.

Do i have a case?

Depends on how long the substance was there before you fell. Store owners must keep the premises safe, but don't have to "guarantee" safety by inspecting every aisle every minute. If the store doesn't keep regular "inspection" charts ( every hour), or the substance was dropped, clerks were advised and no one put up warning signs or cleaned it up in a timely manner, you probably have a case. If the guy coming into the store ahead of you threw his water on the ground, you don't have a case.