Donald Steven Sjaarda's Answers

Can 2 people file separate small claims in California from an auto accident when the total 2 claims is over $7500?

You may each claim up to $7,500 in small claims if there is insurance on the at-fault party's vehicle. If there is no insurance on the at-fault party you may each claim up to $10,000 in small claims. This is a new law that took effect this year. You are each entitled to claim your out of pocket expenses, such as medical costs and loss of earnings as well as non-economic damages for your pain and suffering losses in addition to any property damage claims. Attorneys are not allowed to represent...

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Uninsured accident liability of separated spouse

Thank you for your inquiry. If you were liable for the accident and your wife's name is not on the title to the car she should be in the clear unless you were running an errand for her or otherwise engaged in an activity on her behalf. If your wife is an owner of the car you were driving she could have liability up to $15,000 per person and $30,000 per accident for injuries under California law. In addition, if there was negligent entrustment, for example, if she knew you had been drinking and...

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Paying restitution fees for victim even after insurance settlement?

Restitution may be ordered by a judge in addition to the payments made by your insurance company. However, you may be entitled to an offset for the amount your insurance company has paid. Restitution is awarded on the criminal side of the court, whereas a settlement by your insurance company is on the civil side. In cases where the policy limits are not sufficient to cover all of the claimant's losses, the criminal court may order restitution. For example, your insurance company will not pay...

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How do you determine how much injuries are worth?

Many factors go into the valuation of a case. The nature and duration of your injury, past and future physical pain, mental suffering/emotional distress, loss of enjoyment of life, medical expenses, disability, past and future loss of income and earning capacity, the existence of any residual symptoms, scarring or other disfigurement, loss of ability to engage in your usual activities provide a starting point. You must also consider the jurisdiction and the inclinations of jurors in your area,...

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Should I persue legal action for my 5 year old daughters school related injury?

If the equipment your daughter was playing on was not suitable for children her age and if the school staff allowed her to use it, resulting in injuries, there may be a good liability case against the school. If this is a public school you must make a written claim within 6 months of the incident. This is in addition to the 2 year statute of limitations on injury cases in California. The 2 year statute does not begin to run until your daughter turns age 18 but the 6 month government claim...

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My son was in a car accident. He was not at fault.

It is fortunate that there were no injuries. The driver of the first car would most likely be responsible for all of the vehicle damage unless the driver that hit your son negligently operated his truck. If your son's car was covered by collision coverage it will pay for the damage to your son's truck, less the deductible. If there was no collision coverage on your son's truck he must look to the uninsured driver for compensation. Your son can collect the cost of repairs or the value of his...

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Why is the other driver using an attorney and stop going through his insurance?

Most likely, the other driver was injured in the crash and is seeking compensation for his injuries. Your insurance company will perform an investigation, determine who is responsible, review the other driver's medical records and billings and attempt to negotiate a settlement within your liability policy limits. It is in your interest to see that the claim is settled before a lawsuit is filed against you. If a lawsuit is filed, California law requires that the other party sue you rather than...

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I have no insurance but I was at a red light when a driver didn't stop n hit my car, will his insurance pay for my car damages?

Yes, the at-fault party is obligated to pay for the damage to your car, plus reasonable rental car expense while your car is being repaired. The fact that you were uninsured does not affect the other driver's responsibility for your property damage. If you were injured, you can also recover your medical expenses and other out of pocket expenses but you will not be able to recover pain and suffering damages unless the other driver is convicted of driving under the influence. If you were injured...

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Ccan a lawyer take a fee out of a lein

It depends on your fee agreement with your attorney. However, in my opinion, it would be unusual for an attorney to charge you for obtaining a reduction in the Medicare lien. Negotiating liens is an important part of an attorney's representation of an injured client and it may take as much time as handling the underlying case but most attorneys do not charge an additional fee for it, in my experience. I hope this is responsive to your question.

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Do I need to file a motor vehicle claim with my own insurance company to recover pain and suffering?

California Prop. 213 requires that you have liability insurance in order to recover pain and suffering damages but as has already been said you do not have to make a claim on your own policy. You may have medical payments coverage on your policy that will help you to pay medical expenses related to your accident it would not cover pain and suffering damages. I agree that you need to hire an attorney to deal with the other driver's insurance company.

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