How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26774
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I have been served a summons from state farm for an accident

Customer Question

I have been served a summons from state farm for an accident that I had. I am suspicious of the accident because i believe i am a victim of the "swoop and squat" scam. plaintiff is claiming car damage exceeding $9000.00.

accident details: while on fwy, plaintiff suddenly,merged onto my lane in front of me, without using turn signal, to supposedly try to make the next exit off fwy, causing me break suddenly and ultimately crashing or rear ending her. plaintiff stops the car in the middle of fwy to stop to scream at me, while plaintiffs passenger exits car, in pain. I try to hail police officers that where off the fwy but plaintiff refuses to involve officers to my surprise? Eventually a highway patrol officer arrives to assist and escorts both plaintiff and I off fwy.

FYI. I the defendant was driving my car that was registered to my father at the time of the accident. I was lawfully licensed to drive in California.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Is there a specific question I could assist you with?

Customer:

Hello; my question is, am I still liable for said accident because I was an uninsured but licensed driver, even though i suspect the accident to be a scam?

JD 1992 :

The liability doesn't depend on insurance status, it depends on whose actions or omissions proximately cause the collision and damages (if any).

JD 1992 :

Are you still there?

Customer:

yes, sorry.

Customer:

JD 1992 I know you stepped out of this chat, but thank you!

JD 1992 :

I'm back.

JD 1992 :

Did you have additional questions?

Customer:

is there any way you can convince my brother via phone!(NNN) NNN-NNNN/p>

JD 1992 :

No, unfortunately we are only allowed to have contact through the website. It's a part of the rules we sign.

Customer:

His name isXXXXX

JD 1992 :

What is his concern?

Customer:

oh ok. More details. I was wrong about the fwy. this occurred on the surface street.

Customer:

he believes its a lost caused. he cannot afford to pay $9000

JD 1992 :

Why weren't you an insured driver? Did he not have any insurance?

Customer:

his doctor canceled his licensed but had since been re-instated at the time of the accident. unfortunately he never re-registered his insurance back to his name.

JD 1992 :

So there was no insurance on the car at all?

Customer:

yes the auto was insured at the time of the accident but under my fathers name, not my brothers.

Customer:

my brother is the defendant in this matter. I am simply trying to convince him that he is not liable.

JD 1992 :

First, unless he was a driver that was specifically excluded from the policy then it should cover him.

Customer:

no, he was not excluded.

JD 1992 :

Second, liability depends on who caused the accident, that's all. Liability has nothing to do with insurance.

JD 1992 :

The insurance policy likely covers him then. Has he reported the wreck to the insurance company?

Customer:

ah, I see. She or plaintiff was the cause. yes my brother notified the insurance.

Customer:

My brother says he has a sr-22?

JD 1992 :

Whoever got served needs to contact the insurance company, provide them a copy of the papers, and turn it over to their lawyers (which they should provide).

JD 1992 :

It shouldn't matter.

JD 1992 :

Regardless of the insurance, they don't automatically win. They have to prove that he caused the wreck.

Customer:

great

Customer:

i am speaking to my brother on the line

Customer:

he wishes to know if this will affect his credit history at all. He is trying to avoid any problems because he is buying a home in the very near future

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26774
Experience: Began practicing law in 1992
Dwayne B. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

thanks JD 1992.


 

Expert:  Dwayne B. replied 1 year ago.
You're very welcome and best wishes to you and your brother.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.