John Noah Kitta’s Answers

John Noah Kitta

Fremont Divorce / Separation Lawyer.

Contributor Level 19
  1. On a tour bus that was in an accident

    Answered 10 months 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

    The bus company may be a common carrier but you still have to show some sort of liability. They have no liability and you have nothing other than a soft tissue claim. The only thing I think you are going to get is a letter of denial from the insurance carrier. Your thought processes are good, but the practical realities of the situation are probably not gong to result in any net increase in your value of settlement by bringing in an innocent party.

    17 lawyers agreed with this answer

  2. The DUI/hit & run driver is insured but also may have substantial personal assets. Can we sue him personally?

    Answered 4 months ago.

    1. John Noah Kitta
    2. Wendy Marie Schenk
    3. Barry P. Goldberg
    4. Alan Ray Barnes
    5. Christopher John Gansen
    6. ···
    10 lawyer answers

    Yes, you can file a claim as against the driver of the vehicle that hit your son if the driver does not have sufficient insurance coverage to cover your damages. However, you do not want to settle your son's claim for personal injury until he has been completely examined by a physician and released from treatment. In addition, if he has any visible bruises, you should take very clear pictures of the same. It is always better to have an attorney deal with the insurance carriers since they...

    16 lawyers agreed with this answer

  3. Hello, My sister was recently injured in an accident involving a bicycle which she was riding and a car.

    Answered over 1 year ago.

    1. John Noah Kitta
    2. Frederick Joseph Sette
    3. Jeffrey Scott Altman
    4. Marc Lazarus
    5. Timothy Kent Hobbs II
    6. ···
    7 lawyer answers

    Your case can certainly be handled in California. Whatever you do, before anyone does anything you need to consult with legal counsel and do not directly contact the insurance companies. They will attempt to take your taped statements and they are highly trained experts. What they are trained to do is pay very little or nothing on claims. You should be carefully insulated from all those efforts on the part of the insurance reps. I hope this is helpful. John N. Kitta Fremont

    15 lawyers agreed with this answer

  4. Do I need legal representation in county of accident?

    Answered 5 months ago.

    1. Malosack Berjis
    2. Briny Adam Woods
    3. David Lee Fiol
    4. Alan Ray Barnes
    5. David Ian Schoen
    6. ···
    25 lawyer answers

    No. you do not need an attorney in the county of the accident. In fact, nearly all court appearances can be made telephonically so attorneys easily represent clients throughout the state. Settlement conferences and trials would have to be attended but in America 97% of the cases settle prior to trial. You need an attorney now to start putting your case together, organize the facts and collect evidence. Until you are permanent stationary in regard to your pain, suffering disabilities it...

    12 lawyers agreed with this answer

  5. Being served a court paper for a civil lawsuit due to a car accident. What should I do now?

    Answered about 1 year ago.

    1. S. David Rosenthal Esquire
    2. Robert Bruce Kopelson
    3. John Noah Kitta
    4. Scott Douglas Camassar
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    First, I agree with Mr. Rosenthal in regard to his analysis and legal advisement to you. Time is of the essence, and the insurance companies tend not to move quickly. Follow up with your contact person at your insurance carrier and make sure they refer this to Defense legal counsel and in fact they are going to respond to the complaint in a timely fashion. Unfortunately, this is the nature of the business.

    12 lawyers agreed with this answer

  6. Can i amend a complaint4error if i didn't include bad faith but had to file a motion2compel arbitration for delay if SOL passed?

    Answered over 1 year ago.

    1. Jannik Patrick Catalano
    2. Joseph Torri
    3. John Noah Kitta
    4. Daniel Nelson Deasy
    5. Marcus William Morales
    5 lawyer answers

    Generally, the courts are liberal in allowing amendments within certain defined criteria. Your facts seem extraordinarily complicated and I would strongly urge you to seek out legal counsel. If you call the County Bar Association you can arrange a telephone call or a meeting with an attorney experienced in this area of the law for a very small cost, normally $30. If your finances are not in good condition there maybe a limit4d means panel where attorneys may be available without charge....

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Hello, I got hit by a car last night while I was walking my bike through a cross walk. The car hit my bike which hit my knee.

    Answered 8 months ago.

    1. John Noah Kitta
    2. Ajay Mohan Kwatra
    3. Paul J Molinaro
    4. James Michael Bergener
    5. Robert Bruce Kopelson
    6. ···
    9 lawyer answers

    You should get a copy of the police report as soon as it is available. Be sure to take very good pictures of your knee especially if there is bruising present. It is very important to follow up with the MRI to be sure there is no tendon or cartlidge damage. It will be helpful for you to consult with an attorney to deal with the driver's insurance carrier rather than attempt to negotiate with them directly. Claim representatives are trained to pay as little as possible for claims. This is...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Do I need to hire a lawyer to take care of the summons of car accident?

    Answered about 1 year ago.

    1. Malosack Berjis
    2. Joshua Thomas Edlow
    3. Christian K. Lassen II
    4. Kevin Coluccio
    5. David B Pittman
    6. ···
    11 lawyer answers

    If you are certain you have insurance coverage, and they have accepted your representation, you should not have anything to worry about unless there is a valid claim in excess of the policy limits. If you had a minor fender bender, this seems statistically most improbable. If you have concerns with regard to your insurance company's representation of you, you should contact independent counsel for review.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I recover pain and suffering damages from FedEx? They admit to their negligence in the theft of my passport.

    Answered 3 months ago.

    1. Maryam Parman
    2. David Herman Hirsch
    3. David Ian Schoen
    4. Michael David Myers
    5. Wendy Marie Schenk
    6. ···
    10 lawyer answers

    Probably, no. You will have a contractual agreement with FedEx and I’m certain they have limited their liability. On contractural claims it is most difficult to recover from pain and suffering. I would characterize this claim as worse than difficult. I hope this is helpful. John N. Kitta Fremont

    10 lawyers agreed with this answer

  10. My father's legally parked car was hit by a drunk driver. The driver then tried to leave the scene and hit/went through a fence.

    Answered 10 months ago.

    1. Fernando Davin Vargas
    2. Edward R. Yaghoubi
    3. S. David Rosenthal Esquire
    4. Barry J. Simon
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    I don’t know what the insurance companies portion of the damages as between personal property, the vehicle and the fence is but it sounds like the car has more damage than the fence I would guess. The car is $7500 and the fence was $2500 and you think you should get 75% of the $5000 policy. In addition you can sue the drunk driver and the owner of the vehicle. You can sue in small claims court for $10,000. Get an estimate of the vehicle and see what the damages are.

    10 lawyers agreed with this answer