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Recent Auto Accident questions

I am a resident of Conn. I have a relative in Florida that

I am a resident of Conn. I have a relative in Florida that is causing a lot of problems.IE: Auto mishaps. None serious, yet. It is a matter of time. "IF" there is an accident causing a death ,could I be sued? More questions on this subject. Really need some help. Thanks . George TJA: Because laws vary from place to place, can you tell me what state this is in?Customer: OH ! I am sorry. It is in the state of Florida.GeorgeJA: Has anything been filed or reported?Customer: Not yet. I have been told by my Brother that the relative is out of control. I know this is vague. I will explain as we go. GeorgeJA: Anything else you want the lawyer to know before I connect you?Customer: I am not sure. This is a rather complicted situation that "may" happen.

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Loren

Juris Doctor

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1998 TOYOTA COROLLA-AUTO ACCIDENT-LIABILITY INSURANCE Our

1998 TOYOTA COROLLA-AUTO ACCIDENT-LIABILITY INSURANCEHelloOur 1998 toyota corolla was damaged in an auto accident in Houston Tx.. 01/17/2017.The other driver was ticketed. She drove out of a club parking lot and entered the street without stopping . My son was the other driver and was unable to stop in time due to rain,poor visibility at night while exiting a freeway ramp.It turned out both parties were covered by Farmers. We filed claim vs the other party's insurance. Due to the age our vehicle (1998) and low cash value -about $1200.00 and the cost to repair the damage approx. $2000.00 Farmers decided it was a total loss and offered us $1200.00. This value is based on the visuals only- no consideration was given to the fact the vehicle was in perfect running condition with no mechanical defects and the body was in good condition with some minor cosmetic defects. The vehicle is still in good driving condition as there is no damage to the major operating components -only damage is to the body.We will then have to surrender the title or buy back the vehicle for 400.00- netting us $800.00. No consideration is made for the practical, economic value nor for the hardship and inconvenience caused to us -since its used as a family vehicle.Several things also seem wrong with this picture.-it is not possible to find a similar vehicle for $800.00 or to repair it for 800.00.The fact that we have to hand over the vehile for $800.00 net seem to be a forced sale, a confiscation and condemnation -(govermental powers-without condemnation proceedings), -adding insult to injury- and an evasion of their responsibility to restore us to our prior condition.In other words they are not even repairing the vehicle but forcing a sale to themselves and leaving us vehicleless! How could this be a fair or reasonable settlement?-Isnt it their duty to restore us to our prior condition-by repairing the vehicle regardless of the vehicle market value? - especially since we are filing a claim vs the other party liability insurance for damages, would the customary ACV provision in the other party policy apply to us since we are seeking damages only for the repairs and from her policy not ours? Does her liability also ends at $800.00 or isnt she responsible for the full amount of the damages? And isnt liability insurance premiums based on Risk rather than the depreciating value of a vehicle? Otherwise why do we pay the same or increasing premiums year after on a depreciating ACV?And if we accept the $800.00- and keep the vehicle and repair it for $2000.00-as we are planning to do we will be out $1200.00 -can we sue the other party for damages?And would farmers have to defend the other party? Or does their responsibility ends when they pay us the $800.00.Would this approach work -As for the other party even if we win we may not be able to collect from her but as a strategy we want to know what is the implication for Farmers-and could it possibly move them to pay the full cost of the repairs? If this happens we will not,in our opoinion be profiting in any way from this loss -we will simply be restored to where we were prior to the loss-and this seems to be the only fair way to handle this matter? What do you think?What other recourse do we have or do you recommend? We know this is a lot but we want answers to all the issues above and clarification from an Attorney familiar with Texas liability insurance laws so we can decide what course of action to follow.Let us know if you have any questionsThank youBen.You may contact me atBen email***@******.*** (###) ###-####

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
I have a question regarding the financial responsibility

I have a question regarding the financial responsibility law. My nephew has no car insurance and is now having his paycheck garnished forJA: What state are you in? It matters because laws vary by location.Customer: MichiganJA: Has anything been filed or reported?Customer: My nephew has not filed anything. His question is can he file something to mitigate the large amt being garnishedJA: Anything else you want the lawyer to know before I connect you?Customer: No I don't even know if I am phrasing the question properly

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Legal Eagle

Attorney

Doctoral Degree

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I was injured in an auto accident last April in Prince

I was injured in an auto accident last April in Prince George's County, Maryland. The damage to the car was only $500, but my treatment bills close to $4000 as it caused reinjury of neck/shoulder (this is the 3rd reinjury due to reckless drivers). I have PIP protection that paid the medical bills. The other party was 100% at fault and we both have Geico insurance. The claims adjuster kept telling me he only has to reimburse lost wages and has "approval" not to pay the medical charges because the property damage was low. I know this is not true because unfortunately this is the 4th time I've gone through this due to reckless drivers and have had to go the court/lawyer route before but want to avoid this. I just want to settle but for a fair amount. My question is if my auto PIP paid 1. Do I have to pay them back (I know is some states health insurance can recoup, but I did not use health insurance only PIP from GEICO). 2. What is a fair settlement? 3. How to approach this- he keeps trying to corner me into a phone call and I've told him I only want to communicate in writing. I don't know if I should wait for offer letter or write a demand letter, but am afraid that gives him the upper hand. At this point I'd be happy if he just paid the medical. I don't want to deal with it anymore.

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Loren

Juris Doctor

41,344 satisfied customers
My client, a restaurant business, has a camera at the

My client, a restaurant business, has a camera at the parking lot for obvious reasons - safety etc.JA: Can you tell me what state this is in? And do you know who owns the lot?Customer: there was an accident not on the premises of the owner rather on the street and on his camera there was footage that he already showed the policy now an attorney is almost threatening the business owner to take the digital recorder and gather all data. There is no subpoena for records but a forceful email from the attorney. is the business owner under law mandated to provide this ?JA: Has anything been filed or reported?Customer: yes but not by the business owner. the accident was off the premises and does not involve my client the police report is of the accident between the two parties that do not include my clientJA: Anything else you want the lawyer to know before I connect you?Customer: no I just want to know if my client has to release th4e digital records or not without a subpoena

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LawTalk

Attorney at Law

Juris Doctor

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Not personal injury, but property damage, small claims i

not personal injury, but property damage, small claims i filed a claim and sent in two estimates as requested the city then sent out their adjuster which to no suprize was less than the ones i had done, but was flawed as it did not include all the parts required for repair, additional the offer did not include compensation for a rental while the car is being repaired (approx 1 week). If i take them to court can i also now add the time i have had to spend in taking the vechical to get the estimates? And is there any lawyers out there that handle small claims?JA: Can you tell me what state this is in? And do you have copies of the medical records?Customer: texas, again no injuriesJA: Has anything been filed? If so, what?Customer: no not yetJA: Anything else you want the lawyer to know before I connect you?Customer: i can not think of anything else

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legalgems

Juris Doctorate

16,340 satisfied customers
A police left a voicemail for me, regarding my car and a

A police left a voicemail for me, regarding my car and a "hit and run". At first I had no idea what he was talking about. But then over time it came to me. I smashed a gate at the CVS parking garage a month or so ago. Would that be a hit and run?JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: North CarolinaJA: Has anything been filed or reported?Customer: I don't know. All he said is that he wanted to ask me about it, and said my car with plate number x, model x, was involved.JA: Anything else you want the lawyer to know before I connect you?Customer: I have no record of any other kind of violation. My last auto accident, backing up an unfamilar rental car on a dirt road, a very short distance, I breifly touched the gas pedal and the car responded quickly and caught some unexpected downhill acceleration (dirt road uneven) and bumped a small tree and smashed tailight. I filed the claim on the rental car insurance, not on my own.

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LegalKnowledge

Juris Doctor

34,074 satisfied customers
I'm asking from the US for a person that lives in the

I'm asking from the US for a person that lives in the Ukraine. She has a dental clinic she made on her own. She wants to sell it. In the US, you would find a lawyer who specializes in this, but I'm having a hard time find this particular answer for my questionJA: What state are you in? It matters because laws vary by location.Customer: I'm in the United States. Her business is in DnipropetrovskJA: Has anything been filed or reported?Customer: Nothing at all. This is the first time I've found anything that may help herJA: Anything else you want the lawyer to know before I connect you?Customer: Nothing I can think of.

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Ely

Counselor at Law

Juris Doctor

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I need to file to preserve the statue of limitations for an

i need to file to preserve the statue of limitations for an insurance company. who can help me with this?JA: What state are you in? It matters because laws vary by location.Customer: CaliforniaJA: Has anything been filed or reported?Customer: no. it is for auto accident where my son died.JA: Anything else you want the lawyer to know before I connect you?Customer: no. unfortunately, the insurance company says i have to file today to preserve the statue of limitations. I am in Stanislaus county.

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DrakeLAW

Juris Doctorate

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