Robert Bruce Kopelson's Answers

I was rear ended by a semi truck. the CHP officer cited code 22350 and stated that the Semi driver was "at fault"

It often takes ins cos timeto open their file, obtain the police report, and get a statement from their driver. They do that before accepting any obligation to fix or replace the other person's vehicle. IF you have collision coverage yourself, you should see what your company is willing to pay for your totalled vehicle. If the other company then accepts liability, you can get anumber from them. Whichever co is willing to pay the most for your vehicle may be the one you want to go with....

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Insurance claim for very minor accident

Your policy requires that you notify them if in an accident. If you dont, they could possibly give you a problem if you need them to defend you from a later claim by this person. If you are willing to take a risk, you could just wait and see what happens. Maybe you wont hear from him at all. The statute of limitations is 2 yrs for injury and 3 yrs for property damage. If you have any history of claims, this one could hurt you on rates. If the guy makes a small claim against you, perhaps...

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Can 2 people file separate small claims in California from an auto accident when the total 2 claims is over $7500?

While you can file separate actions as stated above, be aware that you still have the burden of proof on fault and establishing your damages. I occasionally serve as a small claims court pro tem judge in Santa Clara County. While it is less formal than Superior Court, I have seen many people come in unprepared to prove fault and their damages. If you lose as the Plaintiff, you have no right to appeal. If you win, the deft can appeal. If you havent already had at least a consultation with a...

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I hit a car in my lane when turing, not sure whos fault, he has no insurance....

You didnt mention if there were other witnesses. It is difficult to predict the outcome of this dispute. There is a good chance you would be held at least partially at fault. The safest thing is to report it to your ins. If you have collision coverage, it will pay less your deductible. There is a good chance he will not come after you if he was uninsured, but there is no guarantee. You could be emabarrassed later reporting this to your company, if he claim big car damage or medical bills,...

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My car was parked and it is total, and I have no insurance. The party that hit my car only has liab. How can I get help?

Your only remedy is to sue the person who was driving and the owner of the car if it is someone else. I dont know the value of your vehicle, so dont know if small claims court has high enough jurisdiction to award you all your damages. Be advised that even if you win a judgment, you will still have to collect it. Depending on the assets of the other person(s), that may not be easy or quick. If you are going to try to pursue them in court, you cannot sign a release of claims with their insurance...

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Letting a friend borrow one of my cars...

Make sure your friend is a good driver and the car is in proper working order. Under the law, if he causes an accident, you can be sued for 15k per person, 30k per accident for injuries. You are liable for 5k for property damage. This is based on you being the registered owner and him having your permission to drive. You can be sued for greater amounts, if you negligently entrusted the car (eg let someone not competent) drive, or if the car had a defect like brakes were bad. Check with your...

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Need help on multiple issues for 3 car accident.(pre-existing damage, possible lawsuit, fault divided...)

You have a duty to mitigate your damages, which means if you can afford to fix your car, you should do so, especially if you have given the other companies the opportunity ti inspect it. You may need to have it inspected by someone on your behalf to help you prove the damage wasnt preexisting. You will definitely have a battle with them over the rental bills. If I understand your facts, you were hit twice from behind. Are you saying that there was no damage at all to the front of the...

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I got into an accident 3 months ago at fault, excluded driver

If you were at fault, which it sounds like you were, you can be sued by the other driver and or thier ins co for property damage and injury. You are liable for the necessary repairs to the car, and loss of use while it is being repaired (such as car rental). You have a right to contest whether the claimed damage to the vehicle was caused by this crash, and whether the costs to repair were reasonable. If the other person's ins co paid to fix the car, it can sue you for reimbursement, which...

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My bike riding daughter in San Jose was hit by a car and 2 attorneys we talked to won't take her case.

Your question was not complete. More info is needed. there are 2 parts to a case; liability (fault), and damages. The police report needs to be reviewed to assist in the determination of fault. Next, details about your daughter's injuries are needed to evaluate damages. If your daughter was lucky and sustained minimal injuries, the value of her case will be low. Helpful to know if you have medical ins that is paying for her treatment, or medi-cal. The Calif Supreme Court ruled last...

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Do I need a lawyer for car accident ?

I have been in practice in San jose for 34 years. As repeated in the other answers, you should not deal with the ins co on your own. They are supposed to pay as little as possible to settle cases. That is the job of the adjuster. many will be nice to the claimant to establish "claimant Control," which means they keep the person from contacting an atty to protect their rights. There are things that you should be doing early on and other things you shouldnt do all right from the get go. these...

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