QUESTION: I got hit by a car and my neck was hurt, and my bike was broken. Should I be getting more than $500? It was not my fault and I had the right of way because the light was green. ANSWER: Damages for personal injury cases vary depending on the case. There is no set amount of money, whether minimum or maximum, that applies to every case as each case is different. However, there are some basis to the awarding of damages, such as the more measurable economic damages.
QUESTION: If you are making an under-insured motorist claim and there are two parties at fault, do you have to get policy limits from both parties before you can make your UIM claim? ANSWER: It would be important to get the policy limits of each party at fault because the Under-insured Motorist Coverage is triggered only if the tortfeasor’s (other driver’s) policy limits are less than claimant’s policy limits [Ins.C. §11580.2(p)(2)]. Thus, claimants are not entitled to under-insured motorist policy benefits where the tortfeasor has the same or higher policy.
QUESTION: A person borrowed my husband’s bike, and this person said he thinks he was hit by a car but couldn’t remember. Can my husband be sued by a person hurt by the person who only borrowed his bike? What can we do to protect ourselves? ANSWER: Generally, the owner of a motor vehicle is vicariously liable for death or injury to person or property resulting from wrongful (negligent or intentional) operation of the vehicle by any person using it with the owner’s express or implied permission [Veh.C. § 17150]..
If you refuse the breath analyzer test, the officer will have sufficient cause to ask you to take a chemical test. You cannot refuse the chemical test. Refusal to take the chemical test will result in the suspension of your driver’s license. All states have an implied consent law. Under this law, every person who applies for a driver’s license implicitly agrees to submit to a chemical test when stopped by the police on suspicion of DUI. Your driver’s license will be suspended if you refuse the chemical test. This.
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