David Lee Fiol’s Answers

David Lee Fiol

San Francisco Personal Injury Lawyer.

Contributor Level 17
  1. Can I sue a drunk driver for what his insurance doesn't cover?

    Answered 10 months ago.

    1. David Lee Fiol
    2. Michael R Parker
    3. Robert Bruce Kopelson
    4. Miguel Amador
    5. Christopher John Gansen
    6. ···
    8 lawyer answers

    You can sue the drunk driver if you have not signed a release, which you usually will have to sign to get the insurance money, so be careful about that. Since small claims has a $10,000 claim limit, you'll have to sue in the Superior Court, either Limited Jurisdiction (up to $25K) or Unlimited Jurisdiction (all amounts above $25K). In either division of the Superior Court, you will do best with a a lawyer, but your claims is pretty simple, so you might be able to proceed on your own with the...

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  2. Is the Defendant in my current personal injury action entitled to my discovery responses from a previous, closed PI claim?

    Answered about 1 year ago.

    1. David Lee Fiol
    2. Michael Paul Ribons
    3. Mariam Mary Margaryan
    4. C. Donald Briggs III
    5. David Ian Schoen
    6. ···
    21 lawyer answers

    Yes. The information is relevant to their defenses and not private or privileged.

    25 lawyers agreed with this answer

  3. What does it mean if the insurance carrier states that the negligence apportioned to their insured is 30%?

    Answered over 1 year ago.

    1. David Lee Fiol
    2. Kevin Coluccio
    3. Scott J. Corwin
    4. Jason Todd Studinski
    5. Christian K. Lassen II
    6. ···
    12 lawyer answers

    In a lawsuit, if the insurance company's appraisal of the facts was correct, your damages would be reduced by 70 percent to take into account your fault. However the insurance company has an interest in making your fault as high as possible and you need not accept their numbers. It sounds like in your case, even with the reduction their policy limit might be reached, but if the other driver has assets you might now want to content yourself with a policy limit offer. This is clearly a case...

    25 lawyers agreed with this answer

  4. I was rear ended by a Macy's truck at a red light. I went to the doctors the next day, now what???

    Answered 10 months ago.

    1. David Lee Fiol
    2. Steven Mark Sweat
    3. Albert Lee Crosner
    4. C. Donald Briggs III
    5. Francis M Smith
    6. ···
    18 lawyer answers

    This is where a lawyer comes in. If you want to be compensated fairly and fully, including for your pain and suffering, you'll need to retain a lawyer to represent you. Interview a few - we all offer free consults - and pick someone you are comfortable with to take care of your claim and let you focus on getting better and getting back to work.

    24 lawyers agreed with this answer

  5. On a tour bus that was in an accident

    Answered about 1 year ago.

    1. David Lee Fiol
    2. Christian K. Lassen II
    3. Merry Melinda Fountain
    4. Mariam Mary Margaryan
    5. Manuel Alzamora Juarez
    6. ···
    12 lawyer answers

    It sounds like there is shared fault here - no matter what the state of the light the tour bus driver had a duty to yield to traffic going straight through the intersection. Thus the answer to your question is yes, which is a good thing, since the driver of the oncoming vehicle may not have enough insurance to cover the full value of all the claims on your bus. However Mr. Lassen is right - even with costs and attorney's fees you are likely to do better with counsel than you will on your own....

    24 lawyers agreed with this answer

  6. Someone crashed into me and does not have insurance.

    Answered over 1 year ago.

    1. Manuel Alzamora Juarez
    2. David Lee Fiol
    3. Adrienne Patricia Allen
    4. Kevin Coluccio
    5. Daniel Nelson Deasy
    6. ···
    9 lawyer answers

    It's not clear what your question is, but if you simply want advice I would suggest you (1) stay in touch with any witnesses - hopefully you got the names and contact information for some neutral third parties that can verify your version of events, and (2) consider taking the woman who hit you to small claims court to recover the cost of repairing your car. If you were injured, you might be able to get coverage for your medical care from your own insurance policy's medical payments...

    24 lawyers agreed with this answer

  7. I was in a car accident and initially sued beyond policy limits. Now the plaintiff wants the limits.

    Answered over 1 year ago.

    1. Barry P. Goldberg
    2. Frank R Sariol
    3. Christian K. Lassen II
    4. David Lee Fiol
    5. Kevin Coluccio
    6. ···
    11 lawyer answers

    There is no statute to force them to pay your policy limits, but if you feel they are putting their interest in paying as little as possible ahead of your interest in avoiding a judgment that dips into your personal assets, then there is a statute that might help - Civil Code 2860. This codifies a case from many years back that gave insured defendants like you the right to hire a second lawyer (at your insurer's expense) to look over their actions and make sure that they are not planning to...

    23 lawyers agreed with this answer

  8. My mother was injured while walking from hospital parking lot to sidewalk.

    Answered over 1 year ago.

    1. David Lee Fiol
    2. Frederick Joseph Sette
    3. Chris Matthew Limberopoulos
    4. Deborah Barron
    5. Kenneth Lee LaBore
    6. ···
    10 lawyer answers

    Based on this description it's quite possible the hospital is liable to pay damages to your mother (and father) for maintaining a dangerous condition on its property. It shouldn't surprise them that someone would use that pole for support, so they should have kept it in good shape. Your parents can pursue a claim, but in most cases they do far better by retaining an attorney. We'd be happy to speak to you and to them about investigating this further. Our office is located in San Francisco....

    23 lawyers agreed with this answer

  9. Auto accident + injuries.

    Answered about 1 year ago.

    1. Barry P. Goldberg
    2. Christopher Daniel Leroi
    3. David Lee Fiol
    4. William Peter Daley
    5. Daniel Danny Geoulla
    6. ···
    13 lawyer answers

    As they say, you get what you pay for, and to be blunt, if all you have are minor whiplash injuries, you will not get a decent attorney to take your case on for less than 30 percent. In fact most would require more than thirty percent, or might not take our case at all.

    21 lawyers agreed with this answer

  10. PI - Personal Injury - Auto Accident settlement- Why ins. company need my atty's TAX ID # before issuing a settlement check?

    Answered over 1 year ago.

    1. Adrienne Patricia Allen
    2. Larry Jim Sidiropoulos
    3. Steven Mark Sweat
    4. David Lee Fiol
    5. Malosack Berjis
    6. ···
    14 lawyer answers

    The insurance company must obtain the attorney's Tax ID number to report the payment to the IRS - they have no choice to do otherwise. That does not mean that the money you receive from your attorney's trust account will be reported to the IRs - typically it is not in a personal injury case. However, some of your recovery might be taxable - you should consult a tax adviser or attorney about that.

    21 lawyers agreed with this answer