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Jason Henry Schauer

Jason Schauer’s Answers

145 total


  • Is it possible to sue a driver who was cited for: suspended license, no insurance, expired plates, following too close?

    Recently I was rear ended by a car on my motorcycle while stopped at a stop light. A driver who has no insurance, a suspended license and expired plates hits me. I was appalled that the local sheriff department did not arrest this fool! At this ti...

    Jason’s Answer

    Awful. It happens way too much out there. Call your insurer and get underinsured/uninsured motorist coverage for these very situations. If you have insurance, it covers damages to your bike. Sorry to hear this. Chances are it would be a waste of time to sue the person, though you could. It would be anwatse of your time. And a lawyer's. You aren't injured and this turkey likely has no money or assets. And your bike will be covered if it has not already been.

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  • Thinking of getting attorney

    My daughter's we re in a car accident not there fault. Other persons insurance has claimed responsibility, older daughter single mom with sprained neck and back truck totaled owe 16k they ate offering 13,300 towards owed amount leaving her without...

    Jason’s Answer

    Get a lawyer. They will not offee fair value without representation. Good luck. You can review ratings and reviews of lawyers here on avvo.

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  • I had an accident exiting an Amtrak Train in the Portland, Ore. station on 8-17-12 and had a concussion and broke a tooth.

    I have been corresponding with Amtrak in Oakland, CA for about a year and a half, and now they are simply no returning my calls. I have threatened to sue. I think they are waiting for the S/L to expire in WA (3 years). But if the S/L used is Ore...

    Jason’s Answer

    Hard to say because you have not offered enough facts. But if it happened in OR, then their SOL likely applies. I would not wait another minute to fire a lawyer in Portland or OR somewhere. Use the find a lawyer tool here on avvo. Of course you are correct and they are hoping you wait and then the SOL expires. You will see their demeanor completely change to rude and dismissive after that expires because the SOL means you are then SOL, if you get me. Get a lawyer today.

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  • Does this situation fall under respondeat superior?

    My fiance got into an accident in the work truck last week, and damaged it. No other persons or vehicles were involved. The tire slipped and he crashed into a ditch. The damages total 4400 dollars, and his employer is asking him to pay 2,200. Is t...

    Jason’s Answer

    Good question. It is most likely that no, he should not have to cover anything, though it all depends on several factors. I agree with my colleagues. If he was working in the normal course of his job, then no, he likely should not have to pay anything but is he did some sort of "Detour" or "frolic" then he was not in the normal course of his job and might be made to pay. But if he was doing his job, even if he was at fault, I believe the employer is liable. This is the reason why the employer most likely has insurance. It is a possible cost in the normal course of business.

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  • HELP NEEDED 2 GET MORE $ FOR PAIN/SUFFERING AFTER CAR WRECK IN WA W/PROGRESSIVE + a few other related questions.

    My husband rear-ended a car in WA Sun; I was in the passenger seat. I got whiplash; car was totaled. Began xrays at the chiro, doc exam, acupuncture, & massage. Adjuster is offering $2k for bodily injury "pain and suffering" & said if we think...

    Jason’s Answer

    It probably is too low. Always always always have a qualified attorney assist you. Even your insurer is not on your side. Also one should never settle until finished with all treatment. I would call one of us attorneys for advise.

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  • What is a 14-digit Id number?

    Like with ebilling.

    Jason’s Answer

    It is like a 13-digit one but with 14 digits.

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  • I was the victim of a car accident, couldn't get a lawyer, so I tried to handle the case myself....

    (yes,bad idea but the statute of limitations would have expired) my insurance & at-fault driver's knew that I was planning to file myself but I never told them I-so they must have researched it cuz got a "notice of appearance" from a lawyer for de...

    Jason’s Answer

    Sorry to hear that it is true you
    Must personally serve defendant. You need a lawyer. It is possible you can defeat the motion. Cite Cr 1 in opposition brief. All rules should be construed should be interpreted so that the merits of the case are reached. This is essentially a technicality though if you don't do
    It right it can be dismissed.

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  • Should I seek counsel?

    I was involved in a low impact collision on a major freeway, afternoon, went to urgent care that night. Adjuster from Geico called less than 72 hours after the accident to offer a BI settlement,. I haven't even started PT or Massage yet. Any input...

    Jason’s Answer

    yes, you should. And don't speak to any adjuster unless it is from your insurer. Do not try settling this without counsel. And be sure not to attempt that until you are completely finished treating and know the extent of your injuries and total treatment time and expenses not to mention future pain and suffering, future loss of enjoyment of life and future potentials treatment.

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  • Can I do anything if a semi almost hit us head on?

    Semi was passing another semi and went to the side off the road but decided to get back on knowing we were coming. At the moment it was my sister and I and my infant baby. It was literally seconds away from hitting us head on. What we did was reve...

    Jason’s Answer

    The famous judge Learned Hand once said: "justice in the air will not due." Unfortunately, because, in fact, this truck did not hit you and yours, there is likely no recourse because there are no damages. I.e., no one was physically injured. Now I realize that emotionally this caused serious distress. But that usually isn't enough and a physical injury is needed for a valid cause of action to be heard. It is likely not possible but I would call some lawyers for a definite answer.

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  • Do I need to sign paperwork to be covered?

    I was struck by a car while working in the street. the driver was found to be at fault by local police via witness accounts. I received paperwork in the mail from the drivers insurance company saying I need to sign and return asap to be eligible f...

    Jason’s Answer

    Don't sign anything and get counsel. It is the only way.

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