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I live in Oakland CA. In September of 2015 I was backing out
I live in Oakland CA. In September of 2015 I was backing out of my driveway and was run into by a bicyclist.Background: we live on a one-way street that used to be two lanes for traffic. About 1 year ago the right-hand lane (which our driveway connects to) was switched to a bike lane, so to get into traffic one has to cross a sidewalk and then the bike lane. Cars are allowed to park on the right-hand curb all the way up to each driveway, obstructing vision, so to back out of my driveway I need to stop at the sidewalk and make sure all is clear, then slowly back into the bike lane before going forward into the traffic lane (which I've been doing all along).When this accident occurred I'd done this (and photos given to Our insurance company showed I was all the way out in the bike lane and clearly visible) when I heard "watch out" and a thump from the rear. I stopped and got out and found a 70-plus year old woman on the curb rubbing her chest. The bike (a fairly expensive Trek) was on it's side with the rear-view mirror broken, and her helmet was dented.She did not wait for the police, to give a statement (calling her husband on her I-phone after I gave her my insurance information, who picked her up and took her to Kaiser, leaving her bike with a neighbor here for pick up later). I'd left the car where it was until the police arrived and gave them a statement------and later found out from the police report write-up that she had failed to respond to multiple requests by the police to give a statement----so the police declined to assign fault or blame.It turned out she had no insurance that covered her as a bicyclist, and filed a claim for damages and injuries against my insurance. Within 2 to 3 months my insurance paid her property damages of $794 saying the bodily injury claim was still pending, with the adjustor saying the $794 paid out was because it was an expensive bike to repair, even though it was 8 years old. After 6 months with no feedback from the adjustor about whatever bodily injury claim was involved we contacted the adjustor's supervisor yesterday, who explained that everything on that claim was pending because the woman never provided any proof for what was being claimed, and they were still trying to get proof from her------and speaking to my wife she made it clear that they were finding me 100 percent liable (!) because CA law said the bicyclist had complete right of way (being already moving in the assigned bike lane) whether or not she was paying attention or was distracted, or the lane ahead was blocked, or she just failed to stop in time before she ran into me.Me and my wife are both worried about this liability assessment, not only for potential future insurance rate increases, but the effect on potential switching to some other insurance carrier. Is this what CA law really decrees?
I have a question i have a guy that bought a motorcycle from
Hi i have a question i have a guy that bought a motorcycle from me in 2010. He rode the bike from my house we also rode together a couple of times. He called me one day and said the engine locked up. A few later because we was friends at the time i told him that i will help him get it fixed so i gave him 1,000 dollars although he brought the bike as is. Him and his brother took the engine apart and just had the bike getting rusty i kept the sheltered the entire time i had it . He came to me asking for more money i told him i was done with it because i didn't have to give him what i gave him. So now he's taking me to civil court. Also if new what i found out later i would stil have the bike the guy was riding and he didn't even have motorcycle license bikes are dangerous . The only reason i sold it because i wanted to get a cruiser which i did. Where do i stand on this.
I got terminated from Walmart 4 days ago off the shelves $5 kneepads withou
Hi, I got terminated from Walmart 4 days ago for taking off the shelves $5 kneepads without approval from Manager on 6/11 or 6/12/15. I used those knee pads for cleaning underneath more than 20 long sized shelves in walmart because manager failed to provide me kneepads for underneath cleaning job to be completed in 4 hours time frame. Before taking pads off the shelves, I had looked for manager for his approval because my knees had started hurting after cleaning 1 or 2 shelves which needed me to sit on knees. After use, I forgot to inform manager and put pair of pads in my locker inside the walmart premises for next time use because manager had told me to clean underneath for several days.On 6/16/15, investigator pulled me off the job to office room in walmart and told about my mistake. I said sorry and wanted to pay for the pads any way even though those were used to complete company job. They made me to write on their printed form with my signatures that "I used this $5 value pa
Our puppy (6 mo) was hit by a motorcycle rider 1 1/2 years
Our puppy (6 mo) was hit by a motorcycle rider 1 1/2 years ago. After quickly checking on the motorcycle riders, that walked away from the incident, we took our puppy to emergency because he was bleeding from the mouth and had labored breathing. Ultimately, he was bleeding from the lungs and had a fractured leg. He would have died had he not received emergency treatment. The motorcycle riders walked to our neighbors, called a friend to have their bike retrieved, refused calling an ambulance or the police. A month or more later, we received a letter from a law agency that specializes in injury law requesting info on our homeowners insurance stating they wanted medical cost covered. Now, 1 1/2 years letter they have requested 450K because the driver sustained a broken wrist. At first, our neighbor told my husband that the rider was speeding and when the accident happened he was turned talking to his passenger.The driver visited the neighbor that we know of on one occasion. After receiving info on the 450K last week, my insurance company informed me that our neighbor did not corroborate the story he originally told my husband. We feel that because the rider did not request police or ambulance at the time of the accident, has not provided medical records for 1 1/2 years basically not allowing US to have his behavior investigated that it becomes a flagrant and ridiculous demand.Our insurance company is reviewing the records now and the 450K is well in access of our coverage. Need help to know what our next step is.
My son is a junior in high school. He plays football and is
My son is a junior in high school. He plays football and is in wrestling. My son was injured during a BFS (Bigger,Faster,Stronger) class during school. This is a class held during off football season, for football players only. (This is not a PE class, no girls at all) I found out this class is done while football helmets are out getting examined and certified for the coming season. (No helmets) The injury was a head injury on his head with a shattered eyebrow. In the hospital for a few days. Out of school for two months to recover and still healing.(The second classmate had a badly ripped ear) My son said a play was called and he and his classmate ran the route and crashed badly. The other kid was knocked out. Two ambulance where needed.The fault of the coach: No head protection provided when having route plays, and teams within the class running routes that put them in line up for injury. Throwing passesthat these boys know with full out effort to catch the ball. It's what football is all about.The pro's practice with helmets. Why is this not the protection for high school players.Can I sue for medical cost totaling thousands I can not afford.
do i have a legal obligation here-
I put my shopping cartView more legal questions
do i have a legal obligation here-I put my shopping cart back against the building outside a grocery cart. it was stationary but was not in the line of pushed together carts.i then put my bag on my bike, was putting on my helmet, and sometime while my back was turned, the cart rolled across the sidewalk into a parked car.there was a small dent from the grocery cart on the side of the car over the front tire.a man got out of the car, was all upset at "what I had done" and blamed this completely on me.while I agreed that I didnt put the cart back perfectly, and apologized, he demanded my contact information which I gave to him.i did not want a confrontation. i said if he wants to get a quote to get the dent straighted out, he can email me and we can talk.is it my fault that the cart rolled and dented his car making me liable, or is this "an act of god'/ just life in a city with sidewalks that are not perfectly level??if the cart had rolled a few minutes later after I was gone, I dont know how he could have considered me at fault (and I would have been gone none the wiser)thank youthank you