Comments for Adam Holwerda's Empty Headbox

Comment on I was involved in a car accident and want to take the driver to small claims court. What do I need to do/prove by yahweh550

yahweh550 — Thu, 08 Apr 2010 10:23:59 +0000

You may want to consult a attorney.
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Comment on who is the best lawyer for medical malpractice cases in Tucson Arizona? by Jan

Jan — Thu, 08 Apr 2010 10:09:59 +0000

Every surgery causes pain. Unless the surgery was done incorrectly and you have suffered damages due to that,you don't have a case.
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Comment on Is personal injury settlement considered in divorce in California? by gijane

gijane — Thu, 08 Apr 2010 10:09:59 +0000

no he is not. if it were that you lost an arm in an accident and they were awarding you with a new one…you would not split the arm upon divorce. so, there you have it…any settlement is compensation for ‘your’ injury only. it is not an asset. it is compensation.
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Comment on Is personal injury settlement considered in divorce in California? by dragonfireresurrected

dragonfireresurrected — Thu, 08 Apr 2010 09:59:59 +0000

California is one of nine states recognizing community property division.

* Community property describes all assets (and debts) that were jointly acquired during marriage. Each spouse is seen as contributing equally, regardless of individual income, so community property is divided evenly. This means that each spouse receives one-half of these assets, which can include money, real estate, retirement plans, furniture, automobiles, and possessions.
* Separate property is property that belongs to one spouse and is not subject to division in divorce. This includes property that a spouse brought to the marriage (a house, a business, pension funds) or assets or debts acquired in the name of one spouse during the marriage (an inheritance, personal injury award, or education loans).
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Comment on who is the best lawyer for medical malpractice cases in Tucson Arizona? by INSOMNIAC

INSOMNIAC — Thu, 08 Apr 2010 09:56:59 +0000

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Comment on I was involved in a car accident and want to take the driver to small claims court. What do I need to do/prove by D

Thu, 08 Apr 2010 09:53:59 +0000

As long as you have a police report stating they they are at fault, You will be fine, I would suggest getting a lawyer however if you are planning on pressing charges on both drivers. You would probably only be able to sue the driver who hit you unless the other persons car was also involved in damaging your car. I would get at least 2-3 estimates to prove that it's not just one shops word. And yes, you will be able to get rental reimbursment provided you win the case. Make sure you keep those receipts though.
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Comment on How can I avoid submitting certain medical records and not compromise my mva personal injury claim? by UwishUknewMyName

UwishUknewMyName — Thu, 08 Apr 2010 09:46:59 +0000

Considering you’ve asked this question at least twice now, sounds like there is something you are trying to hide.

So what if you are mentally disturbed. If that is not related to the injuries you sustained in the accident, the insurance company is not going to care what those records state.
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Claims 6 yrs

Comment on I need to find a good medical malpractice lawyer in Dallas. Does anyone have a suggestion? by aggieguy48

aggieguy48 — Tue, 06 Apr 2010 09:39:59 +0000

Look Up Scott Barber. It is a Cedar Hill number. I used him, he is good and gets results
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Comment on Collecting from Car Accident in Small Claims Court (CA)? by bundysmom

bundysmom — Tue, 06 Apr 2010 09:39:59 +0000

I don’t know about your new and improved Allstate adjuster, but let me break it down for you……

The Allstate policy has what’s called a Right of Recovery clause in it. What that means is YOU can not do anything to jeopardize their ability to collect back the money they paid to fix your car. THEY have assumed YOUR rights since they paid on your behalf. (What they can not do though is subrogate for something they did not pay, like your rental) NOW…..

You can go to small claims court, but 1) you have to sue the DRIVER AND THE REGISTERED OWNER and 2) you have to sue for ALL the monies Allstate paid out on your claim + your deductible. If the TOTAL amount of money paid out exceeds the small claims court threshold, you have to file your case in civil court. Also, you can not sue 1 person and Allstate the other, you have to sue them both for ALL damages, and only 1 of you can do it.

In CA, you CAN NOT sue for loss of value–there is no such thing in CA.

If you take the incorrect advice of your new and improved adjuster and sue the driver for just your rental car charges….guess what? You have forever barred Allstate from recovering their money back and THEY will come after you for 1) breach of contract and 2) the money they were unable to collect. How do I know? I was an Allstate adjuster in CA for many years and I have seen this happen repeatedly to people who didn’t listen to me about this same subject and decided they knew more than I and are now in collections.
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Comment on Collecting from Car Accident in Small Claims Court (CA)? by peedlepup

peedlepup — Tue, 06 Apr 2010 09:20:59 +0000

If the driver of the other car does not appear to have any assets, why bother, you won't be able to collect anything any way. If they do have assets from which to pay a judgment, then I would include the registered owner of the other vehicle as a co-defendant in the law suit. Good luck collecting.
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