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Charles M. Aaron

Charles Aaron’s Answers

3 total

  • If on felony probation and get violated how long am I in jail

    am on it for buyin food stamps and have my second drivin while suspended charge comin up

    Charles’s Answer

    It will depend on whether you are on state or federal probation. Assuming it is state, it is within the discretion of the Judge as to how much time you may get that was suspended. It can be part of your time suspended up to all of your time.

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  • Personal Injury-MVA--Is there any 'trigger' that would legally require an insurance company to pay out more than the policy

    limits on a claim? Besides bad faith, are there any other events or occurrences that would trigger an above policy limit pay out?

    Charles’s Answer

    Ordinarily no. However if the insurance deals in BAD FAITH and you can prove it then you might have a case for excess coverage. If you were to have a case and you offer to settle within the policy limits and if you were to get a verdict in excess of the policy limits, then you might have a case for excess coverage as the Defendant would be liable for the excess. The Defendant might have a case against his insurance co. for bad faith for not settling the case within the policy limits. If he prevails then the insurance co. would have to pay it. In some states you might be able to take an assignment of the bad faith claim from the Defendant.

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  • I was at fault in an accident, but the other party was speeding. Can he be penalized?

    I was turning left with a solid green, no green arrow, and the other party was coming straight opposite me. Had he not been speeding, he could easily have missed me. There was a minor in my car who had injuries requiring surgery. He was not issued...

    Charles’s Answer

    From a personal injury perspective, you would probably be guilty of failing to yield the right of way, however if the other party was speeding then he may forfeit his right of way. You both would probably be negligent and the minor may proceed against both of you. It is his doubtful that the officer will at a later date issue a summons as he probably has closed his investigation. You could speak with the officer's superiors and see if they would get him to issue a summons. You could go to the magistrate's office and take a warrant against the speeding driver (for speeding if you and independent with have a good estimate of his speed with proper foundation or possibly reckless driving) and subpoena the officer and independent witness.

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