Andrew Ronald Gillin's Answers

I am suspicious of the auto body shop that has had my car for 3 months.

I suggest you ask your auto insurance company to intervene. They will have more clout with the body shop than you will. Good Luck

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How does texting on the phone affect an accident and damages(both property and injury)?

The negligence level does not, as a legal matter, change the recovery rights as to replacement value. However, as a practical matter, it should allow you to take a tougher stance with the insurance company. Good Luck

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I am a field technition and drive my own car. I rear-ended someone and being sued. Is my employeer responcable as well?

Yes, under California law your employer is responsible as well. This is good new for you, because your employer's insurance will cover the amount due over and above your insurance. Good Luck

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What to do next if Im at fault in an accident and my insurance gets demand letter over my policy limits?

As a general rule it is unlikely that they would refuse to settle for your policy limits if you have no assets. I suggest you tell your insurance adjuster that you have no assets and have no money to contribute to a settlement. Then instruct him to try and settle within the policy limits. Good Luck

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Do i need a attorney

I am very sorry to hear of your tragedy. I suggest you contact a civil rights attorney to evaluate your claim. Please keep in mind that you only have 6 months from the time of the death within which to file a claim against the authorities. These cases are very difficult under California law, but you are doing the right thing in trying to determine if there is a potential case. Good Luck

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I slipped and fell in a restaurant. I hurt both knees, both arms, left side of chin, and right shoulder.

The $10,000.00 they referred to is their medical expense coverage, which they pay (for unpaid medical bills) up to a maximum of 10,000. They also have liability coverage, which would pay for your pain and suffering and wage loss, but only if the fall was their fault. If you can establish that you are entitled to compensation. Good Luck,

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I went to a car wash and the machine broke off my driver side view mirror do I have legal recorse?

If you can prove that there was something wrong with their machine that broke off your mirror you do have legal recourse. Try talking to them and working it out. If they are unreasonable, you can bring an action in small claims court without having to pay a lawyer. There are no lawyers in small claims court so they can't have one either. Good Luck,

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Do i have to accept insurance settlement?

You do not have to accept the settlement. Often the first offer is just that, a first offer. I suggest you consult with an experienced local personal injury attorney. Good Luck

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California: Fair Contingency Fee Agreement for Complex Cross Border Case

As a general rule, the complexity of a case, the amount of costs advanced, and the risks of losing at trial are the three determinants of a fair contingency fee. The other factor for you to consider is the reputation and skill of the lawyer you are hiring. If this is a highly skilled and highly regarded attorney, and one who puts enormous resources into every case he does, he might not be willing to compromise on his original proposal and you might not want to go to a different firm. The two...

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Spousal immunity

Based on the information you have provided, the answer is yes as a technical matter. As a practical matter, my experience is that such lawsuits seldom go very far. Good Luck.

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