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Joel Brett Massae

Joel Massae’s Answers

14 total

  • Loopholes for 15/30 insurance?

    Someone who hit me has 15/30 insurance. The insurance company is telling me that they will only give me $15K even though no one else was involved in the accident and my medical bills are over 70K. Are there any loopholes to this 15K per person rul...

    Joel’s Answer

    What they are telling you is that there is a max of 15k per person and 30k per accident. This means that the insurance company is only obligated to pay you 15K, however that does not mean that the owner/driver of the vehicle could be liable for more. The problem here is whether the driver has any assets that could be used to satisfy a judgement in excess of the 15k which are not subject to bankruptcy protection. If you have underinsured motorist coverage that exceeds the 15k you may possibly be able to recover more money. In other words, if you have 50K worth of UIM coverage you could potentially collect 35K. You should contact a lawyer to make sure there is no other insurance out there that could compensate you such as umbrella coverage. Good luck

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  • What should we expect financially and do we even have a case.?

    My son who is 8, recently cut his finger in half on a metal bathroom stall door at Round Table Pizza. The latch to the door was missing which left a 2 inch hole in the door. My son and another friend were hiding from eachother and when he went to ...

    Joel’s Answer

    I believe that you should contact a lawyer to disuss your options. It is possible that the open hole on the door presented a dangerous condition which if proven could result in money damages. There are many issues that must be determined prior to initation of litigation. Call me if you want a free consultation 530-872-2375 or email

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  • Accidentally bumped another car in parking lot - did not see damage until next morning.

    I was backing out of a parking space last night and heard a grinding sound in my wheel well. I thought it was tires rubbing the wheel well and I left. There was a car parked nearby so I pulled away and checked my car for damage and saw none. This...

    Joel’s Answer

    You have a duty pursuant to the following:(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

    (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

    (b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.

    (c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

    If convicted of a violation of VC 200002 DMV will place two points against your license. Also you face up to 6 months in jail, a$1,000 base fine. However, you may get the charges dismissed per CC 1278 if you can get the victim and judge to consent to a civil compromise and you pay for the damage.

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  • Do you think it really matters what type of attorney a person retains in a personal injury situation?

    My child was struck by a vehicle while she was walking on the sidewalk of a busy street. The car lost control due to weather conditions, (light rain), and drove right up on the sidewalk. My child suffered serious head trauma, resulting in emergenc...

    Joel’s Answer

    I will agree with other answers on this post. I will add that it is very beneficial to have a lawyer in your local area to handle your case. Sometimes it becomes quite cumbersome to get documents signed and keep appointments. Also important is to research determine which lawyers who will actually handle your case and not some paralegal. Many times clients become very frustrated when they cannot speak with the lawyer. If you wish to discuss your case please contact me @ (530) 872-2375.

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  • Should I take non- prescription medicine prior to my deposition so as not to be in pain? I need to travel for one hr prior.

    *Was rear ended at high speeds: neck,back and face injuries *Unable to spent the night in the town where first deposition is being held *Concerned I will be in pain too much to concentrate on questions being asked *Medium dose of non-prescript...

    Joel’s Answer

    If consumption of the substance impairs your ability to recollect events, tell the truth, or cause your testimony to be unintelligible, then testimony at the deposition may be deemed unreliable or incompetent. If this is the case the lawyer taking the deposition may reschedule another deposition and ask that you not take any substance which impairs your ability to clearly testify.
    If you do not have a lawyer you should seek further assitance in this matter especially in a deposition situation so that proper objections are made.

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  • If I'm found at fault for an accident, but I know I was not at fault would I be able to over turn the accident report?

    i had just pulled forward out of my drive way. I was on the right side of the road and i was hit by an on coming car. To me its clear as day that i am not at fault however the accident report said that since it is a narrow road i should have waite...

    Joel’s Answer

    If you had insurance , your carrier may supply an accident reconstructionist if fault can be disputed. if you were injured contact an attorney. if want more information contact Joel Massae Attorney @ 530-872-2375

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  • Is it legal for the police to impound a legally parked car during a DUI arrest

    i was arrested for DUI even though i was not driving, my wife & I came out of a cafe slightly drunk, sat in my legally parked car with the AC on, the police came, arrested me& impounded my car, is it legal for the police to impound my car when it ...

    Joel’s Answer

    Depending on the facts of your particular circumstances in many cases the police will have your car towed and you will be required to pay an impound fee to get your car out. To make matters worse if you are concivted of the DUI offense the court may impound your vehicle if there are facts sufficient to prove that you are a public safety hazard. The impoundment issue is the least of your problems, the DUI crIminal case and the DMV are much bigger issues if you were arrested for a DUI.

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  • Traffic accident no personal injuries

    My wife was involved in a car accident on 08/01/2011. According to the police report and witness, the other driver run a red light. His insurance (Progressive) is accepting to pay only 85% of the total car damaged. This accident and most of it the...

    Joel’s Answer

    What the adverse driver's insurance company is doing is trying to avoid paying the full amount of damages based on the doctrine of contributory negligence. It is typical that insurance companies attempt to minimize their losses by making this types of arguements. If you hire a lawyer, then the lawyer may retain an expert traffic reconstructionist or an investigator to prove that the plaintiff was not at fault. In terms of how the insurance company is dealing with the claim, this is known as a third party claim where the adverse driver's insurance company does not owe a fiduciary duty to you, your wife or your family. However under very limited circumstances if their acts are willfully intended to cause emtotional harm it is possible that you may have a claim, this is difficult to prove. There are plenty of attorney's that may be able to help you with your claim in your local area, it is important that you find a compentent, experienced and trained trial lawyer to help you with your claim. Ask many questions before you hire the lawyer. Good luck.

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  • Can multiple DUI convictions be expunged from DMV records?

    I have 4 DUI convictions dating from 1997 to 2004. Two of which involved accidents. Can any or all be expunged?

    Joel’s Answer

    In California the wash out period for a DUI is 10 years, therefore the 2002 and earlier DUI's will not count as prior convictions if the offense occured exactly ten years or later than the new conviction. As far as expungement, sure they can be expunged however, usually the District Attorney will object if you are on probation or have not obtained your driver's license prior to the expungement hearing. You can look at the Penal Code for more requirements.

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  • Since the law has changed on 11357 b does this infraction fall under 19.8 of the penal code system

    does it mean posession of marijuana cannot violate your probation?

    Joel’s Answer

    Penal Code 19.8 States19.8. The following offenses are subject to subdivision (d) of
    Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
    and 853.7 of this code; subdivision (c) of Section 532b, and
    subdivision (n) of Section 602 of this code; subdivision (b) of
    Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
    Business and Professions Code; Section 27204 of the Government Code;
    subdivision (c) of Section 23109 and Sections 12500, 14601.1,
    27150.1, 40508, and 42005 of the Vehicle Code, and any other offense
    which the Legislature makes subject to subdivision (d) of Section 17.
    Except where a lesser maximum fine is expressly provided for a
    violation of any of those sections, any violation which is an
    infraction is punishable by a fine not exceeding two hundred fifty
    dollars ($250).
    Except for the violations enumerated in subdivision (d) of Section
    13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
    based upon failure to appear, a conviction for any offense made an
    infraction under subdivision (d) of Section 17 is not grounds for the
    suspension, revocation, or denial of any license, or for the
    revocation of probation or parole of the person convicted.

    Former Governor Arnold Alois Schwarzenegger, signed a bill that reduces the charge for possession of up to an ounce of marijuana from a misdemeanor to a civil infraction. Effective January 1, 2011.The new law does not change the penalties for possession. Currently, carrying up to an ounce of marijuana is punishable by a fine of up to $100; no jail time or probation can be ordered. One key difference, however, is that until now a defendant has been entitled to a jury trial and a defense attorney. By downgrading possession to an infraction, that will no longer be the case.

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