To whom it may concern, Hello, I was wondering if anyone could help me with my current situation. So about three years ago me (17 yo at the time) and my mother were involved in a car accident. A man driving a truck had a stroke and collided wi...
Generally, California injury lawsuits must be filed within 2 years of a collision for adult claimants. This two year limit is tolled for minor claimants, and does not begin to run until the minor turns 18 years old. There are other tolling laws that may apply to both minors and adults. Therefore, your mother should review the facts of her claim with a personal injury attorney promptly.See question
was hit by a truck from the back. then spun around and was hit in the front by the same truck on the freeway.
That is a high speed impact. I hope you were not seriously injured. You will probably want to download the data from the electronic data recorder and notify the vehicle manufacturer. If the failure of the airbags to deploy caused injuries, then you should keep the vehicle, which is evidence for any claim for damages. Get a free consultation with a local injury attorney before any evidence disappears.See question
Our trial was continued, and discovery cutoff ended. Because months have passed, there is new medical information. How do I ensure there medical records get added into evidence?
I assume you are handling your case without an attorney, since otherwise you would get the answer from your attorney. It is unclear why you think the discovery cutoff date impairs your ability to present new medical evidence. In California Superior court there is no duty to amend discovery responses with new information, however it is a tactical decision whether to do so anyway. Talk to a lawyer.See question
I was assaulted from the back seat by an irate mad jealous boyfriend. Hit numerous times in back of head, when I turned to block the flury, I inavertently let off the brake side swiping a vehicle, no injuries 3 thousand in damages. It is my car, ...
You should let your insurance carrier cover the damages. If it will not, or if you don't have coverage, then you can only be found to be liable if you were negligent. There is no strict liability for collisions, however you may bear the burden to prove that you were not negligent. One defense to negligence is when there exists a sudden emergency situation where you were in danger of injury, which prevented you from properly operating the vehicle. See the CACI jury instruction 452 on this defense.See question
I was in a parking lot, looking for parking (obviously), when a car came out and hit the right side of my car (right in between both doors). He clearly failed to yield and hit me pretty hard (neither of us were injured). They made a claim with...
This is a perfect situation to use your collision coverage. However, if you don't have such coverage, or just prefer not to use it for fear of a premium increase, and if you cannot convince the other insurer to change its apportionment of fault, then filing a small claims action against the newly licensed driver is a good option if your damages are within the $10,000 small claims limit. It sounds like you had the right of way. Have the insurance adjuster explain how you could bear any fault. You need to understand their position in order to contest their points with them.See question
My complex gate malfunctioned and the HOA is accusing me of crashing the gate. I already filed a claim with my insurance company USAA. The insurance company stated they watched the video and the investigator is accusing my of crashing through the ...
You should consult an attorney who handles insurance coverage and bad faith actions. Many insurance policies exclude coverage for intentionally caused damage. To battle the insurer on this issue, you will likely need a lawyer.See question
I was rear ended Friday morning while stopped at a stop light. The gentleman who hit me readily apologized and admitted he was completely at fault. He handed me his license and his insurance card; I took pictures of both. I also got his phone numb...
Yes, it is illegal to drive without liability insurance coverage. However, I wouldn't jump to the conclusion that the attorney was uninsured, or if so, that he knew that he was uninsured. Odds are that he is covered. On the other hand, he should have contacted his insurer right away when you asked him about it! He could probably do it on Saturday. If there is at least $1,000 in damage to either vehicle then you both must file an SR-1 Form with DMV listing your liability insurance information. Failure to report will result in a license suspension.See question
After going to the doctor I was told I'm temporarily total disabled, can I collect state disability even if the other insurance from the person that hit me said they will pay for my lost days of work?
Simple answer is Yes! Please let me know if you have any other questions. We would love to help you. We are located in Oceanside and have been representing injury victims for 30 years.See question
I was hit by an uninsured motorist, and she totaled my car. She told me she would help pay for any damages. I got all of her information, and we spoke to her the week after the accident. She agreed to pay as long as we worked with her. After my in...
If you had uninsured motorist property damage coverage, then it would cover your collision coverage deductible. You could also make a claim for any injury you sustained upon any uninsured motorist bodily injury coverage. Talk to your insurance agent about whether you have these policy coverages, and if not, whether you should get them. If you do not have these coverages, and the uninsured driver will not pay, then you could sue the driver in small claims court to obtain a judgment, and then levy upon the driver's assets.See question
Neighbor's ferocious German Shephard attacked our little terrier, dislocated jaw, just outside his gate....how far off their property will their homeowners insurance cover?
A California Homeowner Insurance Policy's liability and medical payments coverages will generally extend to wherever the injury occurs. The bigger question is whether there is an exclusion in the policy for German Shepherd dogs. Since they are known to have dangerous propensities, some insurers refuse to cover injuries from German Shepherd dogs. I have an article on my website about the damages that can be claimed for an injury to a pet.See question