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    1 last won the day on April 23 had the most liked content!



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  • Birthday 11/28/1963

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  1. Hi,

    We sue a patient in Small Claim Division for $3000, can we sue the same patient again for the rest of the balance and if yes then what is the limitation??

  2. Settlements by the other parties would not affect your duty to file suit before the expiration of the statute of limitations. You may have misunderstood your attorney. You and he still have to worry about the statute of limitations.
  3. If you have filed suit, then it should be dismissed since you were not injured and, presumably, aren't an attorney and cannot represent your son. Your son should file suit against the driver and owner of the vehicle. The insurer of those persons should not be sued by your son. Your son needs a PI attorney to do this. It's complicated and there is too much at stake. Start interviewing PI attorneys now.
  4. As noted by the prior response, your facts don't make a lot of sense. If you were turning right, she couldn't be going against traffic to hit you on the right side. She would have to be traveling in the same direction, behind you and to the right. In any event, let your insurer worry about it for you. It is their job to defend and indemnify you, up to policy limits. Whether the police report contains any facts that exonerate you is unknown.
  5. Yes, but there are ordinarily procedural hurdles, including time limitations and filing an action in probate court, at least in CA, as I recall. Don't delay.
  6. You don't need permission to get a rental car. Just go get one. If you are going to pursue the claim against the at fault party, submit the billing to them for payment once your car is repaired. You are currently giving the insurance company a free ride. It's usually better to go through your own insurance because it's faster. Your insurance should repay your deductible when it recovers from the insurer from the at fault party. If you are hurt, contact a PI attorney and stop talking to the adjuster for the at fault party's insurer.
  7. When the insurer values your car for total loss, it typically includes a selection of dealer prices and private party prices for a similar vehicle. Your approach is wrong. You are looking at what you could sell it for. Try looking at what it costs to buy a similar vehicle. You are going to get numbers that are between Bluebook dealer and Bluebook private party. If you want State Farm to total your car, are you willing to accept $9k? I doubt it. You'll want BlueBook.
  8. The owner of a vehicle is liable for its permissive use, usually up to the minimum liability policy limits set by the state. Notify your insurer. It will defend and indemnify you up to your policy limits.
  9. Notify your insurance company. You have a contractual duty to do so, and your insurer has the right to defend and indemnity you. It will defend you and assert any defenses that are appropriate. Say good bye to these "friends".
  10. Sue the drunk driver in Small Claims court and recover your property damages. Notify the insurer of the filing of the complaint, service upon the insured and hearing date. Bring your estimate for repair and rental car to prove your case. The insurer will pay a judgment against its insured, unless the insured has failed to cooperate.
  11. You face potential criminal charges for furnishing alcohol to a minor. It is a misdemeanor. California Business and Professions Code 25658 regulates the sale of alcohol in California. This law makes it a crime to furnish (that is, sell, provide or give) -- or causing to be sold, furnished, or given away -- any alcoholic beverage to a person under the age of 21. You face potential civil liability. California Civil Code §1714(d) states: (1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death. (2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age. Your liability depends on "knowingly". I hope you have insurance to defend you. You should probably be interviewing attorneys now to protect you from possible criminal charges and to review your applicable insurance policies, if any. Don't talk to anyone about this and stop posting on social media sites.
  12. You can sue the other driver in Small Claims court for the diminished value. $6.5k+ is absurd. You need a valuation from a certified appraiser for your car, and for a similar car with no collision history. I agree with the insurer that you cannot recover more than the undamaged value of your car. With your repair and diminished value claim, you would be paid more than the car was even worth. The insurer would have been better off just totalling it.
  13. Admitting you committed a crime and then later contesting it is not perjury, unless you were testifying under oath. If you simply pled guilty or no contest, then disputing it later is not perjury. However, you may be estopped, or prevented, from attempting to relitigate the issue if you went through a trial. Depending on the circumstances, you might be able to contest the lawsuit. However, the cost of doing so is likely much higher than whatever amount the phone company is seeking. If you had insurance or your friend had insurance, tender the claim to the insurer and request a defense. If you didn't have insurance, seek out bankruptcy counsel.
  14. You can't go to jail. Verizon can get a judgment and try to collect, which will be hard given your income. If you don't have liability insurance that will defend you and pay for damages, you might consult with a bankruptcy attorney. If you weren't drunk, a judgment from a simple accident should be dischargeable.
  15. Your collision insurer will pay to fix your car. Go see a PI attorney. He or she will be able to get you to a lien doctor, who will agree to payment when your case is resolved. Go take photos of the collision site, from both directions of the roadway to document the number of lanes. If you called the police, get a copy of the report, a copy of the recording of the call, or other record of the location to where the police responded, which will pin point the location of the collision so that you can demonstrate the number of lanes.