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Claude Armand Wyle

Claude Wyle’s Answers

99 total


  • I was taking a left turn on Green Arrow and other guy who was going straight hit me on the right side.He says he had green.

    We both gave statement to the cops and they recorded the same but cops are saying report will take 1-2 weeks of time. There was no witness as it was late night. How do i know cops will conclude correctly and can i appeal to that because i'm sure i...

    Claude’s Answer

    Please know that, although the police report is important in that your insurance company will probably follow it, the opinions of a reporting police officer are not really admissable evidence in California. Your insurance carrier will take your statment and the statement of the other party and make its own assessment of who was at fault. If you started the turn with the green arrown and the light changed while you were in the middle of your turn and the other party failed to let the intersection clear, you are still right. If you made the turn late and actually started when your light was red, you will be found at fault. Good luck,
    Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

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  • I was involved in an altercation at my local gym and 7 guys ended up jumping my friend and I while we were playing basketball

    The first game we played I was on a team that played against a group of 5 friends that came together. Things got intense and emotions ran high as the players on the other team were yelling profanities and intentionally trying to injure the opposin...

    Claude’s Answer

    You are the victim of a battery, and that is actionable in California in a civil lawsuit. Did you identify the culprits? Do you have any independent witnesses to the battery? Do any of those guys have any liability insurance which would cover them for this act? Was there inadequate supervision at the gym? Did you pay to play at the gym? I think proving that the gym did something negligent is possible, however it is likely to be expensive and the outcome may not be for very much money to you in youe pocket. in California, a defendant is only jointly and severally liable for the out of pocket expenses you are forced to incur, not for your pain and suffering. This means that if you do not prove a substantial amount of negligence against the gym, all you may recover are your medical bills and all the wage loss you can prove. This does not seem like a good recovery, so I would wait to see if you have sustained any more serious injuries before you begin a claim. The gym may have medical coverage for you though in case you want to be examined. Check out the medical coverage aspect of their insurance. Good luck,
    Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

    See question 
  • We have a guard dog, someone tresspassed and tried to break in, the dog bit them once what are our rights to prosecute them?

    We have a guard dog gaurding our property who remains on a leash at all times. he is always in clear sight so no body tries to break in. We had someone tresspass and try to break in the dog then bit them once, how do we go about prosecuting them f...

    Claude’s Answer

    First of all, only the DA can decide whether to prosecute or not for the break in. How do you know who broke in and that your dog bit them once? If they told you, then you have identified the culprit, but what will that gain you? i recommend that you leave the matter alone unless and until the other party raises the issue. Also, do you have homeowners insurance? Or renters insurance? I would explore that if I were you. Good luck,
    Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

    See question 
  • How can i go back to dr my injuries still exist

    a freind & i were rammed purposely from a man with his truck twice .my freind has non ensured motor;st coverage.they have ccoverd 3000 from original dr.i have a civil attorny for a nother case that has spoke state farm my friend ins.& he says they...

    Claude’s Answer

    First of all, there are many different aspects of your submittal that would seem to require attention. You should go get an attorney right away. Was the man who hit you uninsured? Did you have insurance on your own vehicle also? You may have uninsured motorist coverage yourself or through someone in your household. If the bank employee locked you into the bank, you may have a great case against the bank employee and maybe the bank. Seems like these questions need to be addressed in greater detail by competent counsel. Good luck and best wishes, Claude
    Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

    See question 
  • What do i do when my lawyer is not doing his job?

    I was in a car crash and paid a lot of money for my injuries out of pocket. I'm asking to be compensated and now my lawyer is taking his time with my case and I need the money. he never updates me he always has some stupid excuse and he claims the...

    Claude’s Answer

    I would make an effort to keep your attorney if you can patch things up. I like the idea of meeting with him and airing your complaints and posing your questions. These cases often take a long time to conclude and it is often not the attorney's fault at all. Your attorney should be able to explain things to you in a coherent way that satisfies you at least that he is doing his job, and that the delay is coming from somewhere else. If he does not satisfy you, you should find another attorney who can, since one day you will be asked to put faith in your attorney's recommendation and you should be able to do so with confidence, Good luck, Claude
    Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

    See question 
  • I was changing lanes and was hit by another car changing lanes into the same lane who's fault is it

    i was hit in the rear driver's side door and back to the bumber the other car was the front right fender

    Claude’s Answer

    While you did not say if you were injured, the liability question will be the same. If you have control of the lane and if you had signaled ahead of your lane change, you are more likely to prevail. If you were mostly in the new lane before you were struck and the other car was still mostly in his or her old lane, you are more likely to prevail. Since you were hit in the rear and the other person in the front, you are more likely to prevail. If you had insurance on your car and you are not injured, just make sure to make the report now if you have not already done so and let your insurance carrier fight with the other party’s carrier. Take photos of your vehicle for evidence. Were there any skids by either party? This may be important to determine who was negligent in this case. Odds are you will both be found partially at fault since you were both on the move to the new lane and neither one of you was really in control of the lane at the time of the impact. Good luck,
    Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

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  • What should I do?

    Following a vehicle accident I refused to go to the E.R. but less than a few hours later I got convinced to have myself checked then refused any extensive care. But the following. Day I feel like literally got ran over, now what should I do?

    Claude’s Answer

    I strongly recommend that you see a local attorney and ask for a referral to a local doctor who will see you right away. Your later onset of symptoms is entirely normal, however the insurance company for the car that was at fault will undoubtedly try to use any slowness of the onset of pain as a dodge on causation. You need to document your injuries for your claim right away, but you really need to get the right care as soon as possible. What you do now will shape the timing of your recovery and the posture of your claim. The reasonableness of your treatment will be a big issue in your claim, and you should make sure that you have the care that you need by a medical provider who is willing and able to describe the full nature and extent of your injuries. Good luck,
    Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

    See question 
  • Can I be sued if I had insurance for my mothers car, even if I was not involved in the accident.

    I was sent a Excess letter by my insurance co. That the claims against me are in excess of my policy. It also states that I may have unisured interest and may wish to employ a personal attorney at my own expense? I thought thats why I had insuranc...

    Claude’s Answer

    Do not despair. Odds are that if your insurance company pays policy limits for your daughter's crash, the injured party will accept this amount and release your daughter and the owners of the car. I assume you own the car, and if you loaned your car to your adult daughter, she is covered under your policy. You should insist that your carrier pay this claim within policy limits if they have the opportunity. Don't let the carrier take chances with your assets. But, if you had no reason to believe that your daughter was a bad driver before you loaned her the car, you should not be personally liable for her driving. As an owner, your personal liability is limited. If an excess judgment occurs, it will be against your daughter, unless the other party can prove that you negligently entrusted your vehicle. Good luck, and make sure that your carrier pays this claim within policy limits if they can.

    As to getting your own attorney, this would only be if someone else is at fault and hurt her. You should be able to get an attorney for an injury claim on a contingency fee basis. Best of luck, Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

    See question 
  • My friend borrowed my car and crashed it. My deductible is $1000 and she is unwilling to pay it. Can I sue her?

    And how do I go about it?

    Claude’s Answer

    You can certinly sue her for the damage to the car, but your insurance company can and will probably sue her for all of the damage to the car. This is called subrogation. I would check with your company and find out if they are going to sue her and make sure that you get paid first out of any money coming from this suit. If your carrier is not going to sue her then you should take her to small claims court but remember also to add some damages for loss of use of the car while you have had to wait to get paid. Did you rent a car? She owes whatever you are out of pocket. Maybe your carrier will add you to their lawsuit but just make sure you get paid FIRST. Good luck, Claude A. Wyle, esq.
    Choulos Choulos & Wyle
    425 California St. 18th Floor
    San Francisco, California, 94104
    415-474-7800 tel
    415-951-6235 direct
    415-474-0734 fax
    www.ccwlawyers.com

    See question 
  • What is a fair lawyer contingency fee for a PI case which is settled in mitigation?

    What is a fair lawyer contingency fee for a PI case which is settled in mitigation?

    Claude’s Answer

    While many factors go into what might be a fair fee for a job well done, with a contingency fee, the important thing to remember is that the client pays nothing up front and owes nothing if the case is not successful. The contingency fee is not based upon how many hours the attorney invested, but solely upon results. So, if the case settles at mediation, the deal has already been struck by that point in time, and this is not the time to re-negotiate the fee.

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