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David Lee Fiol

David Fiol’s Answers

1,002 total


  • What can happen from here? Can I be charged with anything at this time? Should I tell my insurance that I blew a .05?

    I was in an accident in an intersection. As I was going straight through the intersection someone was turning left from my left onto my same lane and we collided. My front left to his rear passenger door area. Neither of us were injured. We both w...

    David’s Answer

    Talk to a DUI attorney before you do anything. Then cooperate with your insurance company as you have a duty to do so.

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  • Is there not a statue of limitations for accidents? I had insurance in California , shouldn't my policy cover those damages?

    I was involve in a fender bender in the state of Iowa back on 2007 . I was visiting . I live and always lived in California . my license had a hold for many years due to that fender bender it wasn't until two months ago that I lifted the hold by p...

    David’s Answer

    Accidents in Iowa are governed by Iowa laws regardless of where you are from. Post your question to Iowa attorneys. You will need to be more specific as to what is happening.

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  • Do i have a case?

    Ho my name is lakeisha watts. And i was a victim of a hit and run on November 25th. And i didnt have insurence. But the person was in a rental car. And when the plates was ran it ame back to a women who i know she let her nephew use the car. But...

    David’s Answer

    There's not enough here to determine if you have a claim. With all of the liability and insurance issues, your case is going to be complicated - very complicated. Find a good lawyer and sit down for a free consult.

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  • Do i have any rights in this situation? Who takes responsibility of a damaged vehicle? What other steps can i take?

    On 12/9/15 i bought a used vehicle from a car lot. I've now had the the vehicle for approx. a month and a half and on 1/16/16 i noticed the front bumper was very loose and falling off. I immediately went to the car lot to notify them of the situat...

    David’s Answer

    This is not a "car accident" question - you should post this is in the consumer protection category. If I were you I'd demand that they buy the car back and return your full purchase price, and go to a reputable dealer.

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  • Can they come after him and garnish his wages for that ? If so what can I so to stop them from garnishing his wages

    I was involved in a car accident in my boyfriend car now there coming after him and me trying to get money from him. I rear ended a car and cracked there bumper. I had no one to help me with paperwork so now I have a conference hearing coming soon.

    David’s Answer

    It sounds like you admit you were at fault and caused the damage; both you and your boyfriend, as owner of the car, are responsible for the cost of repair. If you want to stop them from garnishing his wages, pay what you owe. They might allow you to pay over time.

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  • This company doesn't seem to be taking this matter seriously. Which kind of legal representation should I seek?

    Two months ago I was involved in an auto mechanical failure accident due to the negligence of a third party company. I installed some rims and wheels as a luxury addition to my vehicle and took my car to get rebalanced a week prior to the incident...

    David’s Answer

    If the cost of repairs or car value (whichever is lower) don't exceed $10,000 and you feel you are not being offered the compensation you are entitled to, then small claims court might be an option. Before taking that route I do think you should at least briefly consult with an attorney who knows consumer law in the auto context, not those of us who monitor the car accident board - we deal with personal injuries. Perhaps if you post a question in the Lemon Law category you might find some helpful suggestions.

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  • Can they do this and can I sue all parties involved

    I was a passenger in a car got a ride to the bank leaving the driver hit to cars the police went to bank got my name came to see me and I told them I didn't do it you have cameras footage then I heard no more about a month ago state farm and affil...

    David’s Answer

    Your response to frivolous claims is to defend yourself, not respond with frivolous claims of your own. If you own a car and have insurance, tell your insurance company about the situation and let them defend you. If you don't have insurance, you have a choice: defend yourself against their claims or get a lawyer to help you. My guess is that paying a lawyer for an hour or two will help you to avoid much more serious problems later. If this has gone to collection you have already ignored the situation for too long.

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  • Do I need to hire my own attorney ?

    I was driving a buddies vehicle and rear ended someone. This happened about a year ago. I didn't not have my own insurance, but the owner of the car had insurance. Last week I got served papers saying me and the owner of the vehicle are being sued...

    David’s Answer

    As long as you were driving with the vehicle owner's permission, his insurer should provide a lawyer to defend both of you and pay any judgment or settlement, up to the policy limits. If the harm clearly exceeds the policy limit you will need to think about getting your own lawyer to make sure that the case gets resolved quickly and hopefully before you are exposed to personal liability.

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  • My question is this. We do NOT have car insurance. Can we at least get the at fault drivers insurance company to pay for our car

    Wife was hit by a semi truck that did not see her while he was changing lanes. Then after she was hit he kept driving. Later on was flagged down by motorists and advised he had hit a car before entering the freeway

    David’s Answer

    Yes. At least in this civil context, the only penalty for not having insurance is that your wife could not collect damages for pain and suffering in an injury case. You can collect for damage to your car and for her medical expenses and lost earnings, if any.

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  • Do I have any standing to ask for money to cover medical expenses?

    Ate oysters with friends at a restaurant with four friends. Two days later three of us became ill (three of us had an oyster than the fourth did not). My condition worsened and I had to go to the ER where I was admitted for food poisoning. Medical...

    David’s Answer

    Assuming liability is established, and you've made a very good start in doing that, you would be entitled to more than medical expenses. You'd also be entitled to any lost earnings you suffered, as well as an amount for your pain, suffering inconvenience, etc. I'd suggest the three of you seek counsel jointly to make the case attractive to a lawyer.

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