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Frederick Joseph Sette

Frederick Sette’s Answers

139 total


  • I am beginning negotiations with the adjuster to at fault insurance, he has offered two low settlements. He is not budging.

    He is saying my medical bills are unreasonable and cost too much. I want to file a lawsuit, litigation and file complaints or which ever comes first.

    Frederick’s Answer

    that's what I hear on almost every phone call. you'll need an attorney to take the next step and I recommend you finding one from off of this site as there are numerous qualified attorneys to help.

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  • My insurance filed arbitration with the at fault driver insurance company, I was injured in the accident.

    Does abitration have anything to do with my settlement case.

    Frederick’s Answer

    regardless of the outcome of arbitration the other carrier can still deny liability in your claim. Thus, might as well save time and retain an attorney now to pursue your damages, or depending on those damages file in small claims.

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  • What assets are at risk if my wife gets sued over her liability limits on our auto policy where she was at fault in CA?

    My wife was in a chain reaction rear ender during rush hour on the freeway. She was the last car in the line so she had to pay for all the cars. The car immediately in front of her sustained injuries. We got a letter from the insurance co that ...

    Frederick’s Answer

    this is a disconcerting issue as it puts insurance companies profits over the well being of their insured. you say the attorney isn't accepting the offer, the question is why. most likely its because its an offensive offer. there is no consent clause in a motor vehicle insurance policy, that is the carrier doesn't need your consent as the insured in making settlement offers. thus, they make these offensive offers forcing your wife into litigation and perhaps subjecting her to a judgement.

    be warned that if that is the case, that an excess judgement is obtained, you need to consider the option of pursuing your carrier for what is called Bad Faith. Attorneys specialize in handling these types of cases and you need to consult with one that does in the event. good luck

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  • Car accidents and insurance? How does this work?

    I was hit, car totaled in a work vehicle. Total damage $14,000. My coverage only covers $5000? I also went to the hospital after the incident. I'm curious how the insurance works. Do I have to sue for the excess? Also, I took sick leave...can I co...

    Frederick’s Answer

    your ceiling depends on what the other person's insurance policy is and if you carry uninsured motorists coverage, what those limits are. You may not be "stuck" at $5,000 and yes, you can recover for all of your damages. Rub is the other person is not obligated to disclose their limits pre-lawsuit, so you have no way of knowing at this point what those limits are.

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  • Is there an attorney available to run with my case on a contingency base filing before the mid July 2015 statutory deadline?

    I had signed an agreement with a San Diego attorney on January 8, 2014. On January 5, 2015 I e-mailed my attorney to get an update as to where we were in my case. He responded with that we were far off because he was deciding on which way we shoul...

    Frederick’s Answer

    almost two years down the road you should have a good idea of the strengths/weaknesses of your case. I would get a complete copy of your file from your previous attorney and make an appointment to go in to see a different attorney to review the merits and perhaps that attorney will be more open and frank with you

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  • My son was slammed by his wrestling coach and knocked unconscious, he continued to wrestle as directed by his coach

    I was not informed by school personel and it has been 3 days, I took him to the emergency room and he suffered a concussion. I feel the coach acted aggressively and inappropriate. My son( age 17) feels he was being picked on and bullied by his co...

    Frederick’s Answer

    wrestling by it's inherent nature is aggressive and violent. Your son apparently voluntarily signed up to engaged in that sport. In California there is the Primary Assumption of the Risk doctrine, which prevents claims for injury from risks inherent in a sporting event. Furthermore, the school most likely had him sign a waiver. To prove the coach intentionally caused him harm would be a difficult burden.

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  • Hit by person w/suspended DL driving a u-Haul truck

    I was rear ended (2002 chevy cavalier) and my car was totaled. I got 2 chipped front teeth and didn't work for two weeks (commercial freight delivery driver). The guy had a rental truck rear ended me at 40mph and even though he had the rental insu...

    Frederick’s Answer

    • Selected as best answer

    there are several things you need to follow up on, specifically the details on who rented the truck and the wording of the rental policy. If U Haul rented the truck to an unlicensed driver then theoretically any argument that their coverage doesn't apply to an unlicensed driver would be void. What you need to do is contact an attorney that handles personal injury matters to get involved in this for you

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  • Gardner claims my dog knocked him down

    Gardner claims my dog knocked him down after he turned a corner in the backyard. He did not notify anyone at the house of any incident until several weeks after the fact. Offered to take him to dr since he could not drive and he refused to go. No...

    Frederick’s Answer

    there is essentially strict liability on you for your dog biting someone. In this case there was no bite so the analysis is different; was there something negligently done that would make you responsible for his damages. In that I'm assuming your gardener has been there before, knew of your dog, and that dogs tend to be dogs, based on what I know he has a poor case. this in addition to the fact the incident itself is not actually verified.

    None of this precludes him from pursuing the claim, or from finding an attorney that is willing to pursue it on his behalf.

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  • The process of obtaining Medi-Cal authorization to deposit a settlement draft?

    In a CA personal injury settlement Medi-Cal is listed as a lien holder on the draft. Do I mail the draft to Sacramento to sit till someone gets around to providing authorization to endorse the settlement draft. Is there another way than mailing th...

    Frederick’s Answer

    being located in Sacramento, literally blocks from the DHS building, I have resorted to going over there and waiting in the lobby for someone with authority to endorse the draft. If you mail it in for endorsement you may never see it again. Best route to go is, identify the amount Medi-Cal is owed and have the insurance carrier issue a separate draft payable directly to them.

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  • On 9/5/13, I was hit by a raised pickup while I was crossing the street on my bicycle. I was in the crosswalk.

    A 75 year old man in a raised pickup was making a right turn while looking to the left and didn't see me in the crosswalk. My left femur was shattered. I had to have emergency surgery & blood transfusions. I now have a rod & clamps in my left leg ...

    Frederick’s Answer

    unfortunately it sounds as if they driver may have been carrying the minimum required by California law (which is a farce), that of $15,000. Big question is: did you carry any insurance yourself at the time and if so a) did it include uninsured motorists coverage and b) did that um coverage exceed $15,000

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