Skip to main content
Frank Marvin Nunes

Frank Nunes’s Answers

414 total

  • Rear end collision

    I was involved in a rear end collision where the driver abruptly in front of me stops in mid traffic without signal to wait to to turn into a parking lot.. This was a two way lane there was no turning lane. I kept a safe and reasonable distance be...

    Frank’s Answer

    California uses a sliding scale called comparative fault to allocate fault in situations like this. While the fact that you hit the car ahead of you speaks for itself on whether or not you were following at a safe distance, there can be an allocation or parceling of fault among the parties that may impact the value of any injury claim.

    See question 
  • Can I sue the company?

    I got hit from behind by a company vehicle it was in deed his fault. I have back and kneck injury due to the force and impact from behind

    Frank’s Answer

    Yes you sue the driver and owner, in this case a company, of the car that hit you. I would take advantage of the free consultations offered by most consumer attorneys first to see if you can resolve your case without a lawsuit.

    See question 
  • Is there a way I can get an estimate for car damage without going through an insurance?

    -I hit a ladies 2005-2010 Prius in the back, only visible damage was paint trade off -My insurance refuses to cover the cost, claiming our insurance had expired February 2nd (accident occurred February 4th) -I got a letter from the ladies insura...

    Frank’s Answer

    Take your car to a trusted auto body shop and ask for a repair estimate. Tell the estimator you are paying cash and not going through any insurance company.

    See question 
  • Just got in a car accident. Is a lawyer needed?

    I was hit from the rear end at a red light.

    Frank’s Answer

    First things first. Seek medical care if you think you may be injured from the crash.

    Whether not you need to get an attorney depends on how you are treated by the involved insurance companies.

    Chances are that if you are writing this some insurance Compnay is going to challenge the extent of your harms and losses from the crash.

    Since most consumer attorneys offer FREE consultations, why not avail yourself to one?

    See question 
  • Can someone take me to small claims court or sue me for their car insurance deductible?

    Parking lot fender bender. My insurance company investigated and decided it was a 50/50 accident. The other driver says her insurance company has said they will pay the 50% and my insurance has agreed to cover the other 50%. She has contacted me s...

    Frank’s Answer

    Yes the other driver can take you to small claims court. You will get an opportunity to tell the court you version of the crash facts.

    You should also report any lawsuit you receive to your car insurance agent or company.

    See question 
  • I am being sued for a car accident that I was not involved in. I don't know how the people got my name.

    The car involved in the accident is not mine, and I have never owned, nor driven a car of that type. The suit says I have been previously notified of this event, but I was not. What options are available to me to clear my name?

    Frank’s Answer

    Report the lawsuit to your car insurance agent or company IMMEDIATELY. They will investigate the case and pay for a lawyer to represent you in nearly every case.

    These things are time sensitive so do not wait to act.

    See question 
  • How should I go about handling a Subrogation Claim?

    I was involved in a car accident last month, and unfortunately, did not have auto insurance at the time of the accident. I am at fault, due to myself rear ending the other vehicle. I am being asked to pay $2,300 to the insurance company. I have re...

    Frank’s Answer

    The short answer is it depends on how willing the insurance company is to work with you on resolving the claim. If they want all of the $2,300 up front, then you are probably going to have to find a way to defend a lawsuit filed by the insurance company against you. If they are willing to take payments, and most insurance companies are not, then you can resolve without a lawsuit if you can agree upon the payment terms.

    In the two subrogation cases I have handled for clients, the claims were much larger, but we settled the claims for about 10 cents on the dollar. The reason is that the attorney hired by the insurance company to do the subrogation, if not an in house employee attorney that is on salary from the insurance company, usually works on a contingency. This means the outside attorney receives a percentage of what (s)he recovers from you. So under the threat of bankruptcy, if that is a realistic occurrence, insurance companies will often settle for less to avoid receiving nothing at all.

    See question 
  • My son & Husband were hit in a head on TC @70 mph.

    Although all parties sustained moderate injuries, the other driver fell asleep into oncoming traffic, he also was driving his mother's vehicle with lapsed insurance. False evidence of insurance was given to CHP. My son's truck was totaled and the...

    Frank’s Answer

    I am so sorry for this tragic event. That being said, the first thing to do is make sure you and your family are all getting appropriate medical care. The cars can be replaced or repaired, the lost income may be able to be recovered, but injury to your body is more serious.After you have taken care of yourself and your families injuries, you can turn to the other matters.

    The next thing you should do is report the crash to the DMV on the SR-1 form. You can get a copy from the DMV's web site or from any lawyer who handles these types of maters. Most lawyers will help you fill these out as well. I have attached a link to the SR-1 form on the DMV's web site below.

    Next, if you have not already reported the claim to your car insured, you need to do so ASAP. May insurance companies require claims be reported in a timely manner. If you have reported it to your insurance, then they will contact the other driver's insurance and verify coverage. If the other driver is uninsured, then look to see if you have uninsured motorist coverage on your car policy.

    Most car insurance polices have uninsured (some times referred to in shorthand as UM) coverage, unless the policy holder specially requests not to have that coverage. Work with your insurance company to establish the other driver is uninsured and it may actually work to your benefit. I say this because your insured company must treat you fairly while the other driver's insurance company's obligation of fairness is not as high.

    If the other driver's insurance company is sitting on the fence on whether to cover the other car, then look at your car policy to see if you have full coverage to pay for repairs or replacing your car. Generally you are entitled to get the cost to repair the car or replace it, which ever is less. You should also make a claim for having a rental car while your car is not drivable. See if you have coverage on your policy as again, it is easier to deal with your own insurance company than the other driver's company.

    In California the owner of a car involved in a crash by someone who drove the car with the owner's permission (sometimes called permissive use) is limited to a maximum of $15,000 per person up to $30,000 per crash. These are also California's minimum insurance limits. So if you want to make a claim for more than that amount you, or the attorney you should hire, need to show the owner was negligent in trusting her car to the driver. There may also be other issues under the owner's policy that effect this claim, you should take advantage of the free consultations most attorneys offer for that type of more specific advice.

    See question 
  • Need car crash lawyer

    Got in an accident on a parking lot want to sue the lady that hit me. She hit me and totalled my car need help

    Frank’s Answer

    As I tell my clients, any body can sue any one for any thing. The question comes down to whether or not the suing party will win the case. If you have harms and losses from the crash, why not try to get them paid for by the other driver's insurance? If he or she doesn't have insurance, then look to see if you have uninsured motorist coverage. We resolve cases without litigation when the amount offered is adequate to pay for the injured party's harms and losses from the crash.

    See question 
  • Was hit from behind on freeway, I was stopped traffic was stopped in front of me

    I was hit by a pickup truck that totaled my car, transported to ER via paramedics. State Farm the other drivers insurance has turn the case over to SIU. I was treated for a couple months with injuries. I am better now. Have a attorney but its be...

    Frank’s Answer

    You already have some great answers from my brilliant colleagues and it sounds like you have a good attorney who is doing all (s)he can for you.

    But let me share with you my recent experience with State Farm Special Investigations Unit or SIU as it is called.

    I had a modest case with 5 clients who were hit by another State Farm insured while backing out of a parking lot. St. Farm SIU hired the same adjuster to represent my clients in their medical payments claim under their driver's St. Farm medical payments coverage (first party) as they hired to represent the other driver in the liability portion of the claim.

    Rather than let State Farm hire a lawyer to beat up my clients, we went to small claims court and got a judgment against the other St. Farm driver, I then received a call from the St. Farm SIU adjuster offering to pay the verdict and my clients' medical bills under their St. Farm medical payments coverage if they would give the SIU adjuster a recorded statement describing the treatment they received from their chiropractor.

    Since my clients were all family members, and some did not speak English, they all went to the same chiropractor, often on the same days, for similar treatment. Once I let the clients give a recorded statement to the SIU adjuster describing their injuries, treatment, and medical bills, State Farm paid the claims.

    Maybe you want to have your attorney find out why St. Farm is having SIU handle the case. I know in more than on case I have had with St. Farm their SIU, the treating doctor and clients were immigrants from the same original country of origin. I will let you draw your own conclusions.

    See question