Sunday, October 25, 2015
Thursday, October 22, 2015
Question: I am selling my car and the person who is buying it from me got in an accident. Am I fault for the accident even though I am selling my car and the guy buying it got into the accident?
Answer: If the sale/transfer of title has not been completed with the DMV, you can still be considered the owner at fault for the accident. See California Vehicle Code 17150, 17151
For more information about car accidents, call Attorney Angelo F. Campano at 661-945-5300; acampano@campanolaw.com
Question: Will I
be at fault if I am in a car accident because I do not have a driver’s license?
Answer: Not
having a driver’s license can happen for many reasons. And, not having a driver’s
license at the time of an accident is not by itself proof that you are at
fault. See: Wysock v. Borchers Bros. (1951)
104. Cal.App.2d 571.
(For more information about accidents, and your rights, call
Attorney Angelo F. Campano / acampano@campanolaw.com/
Tel: 661-945-5300)
Skateboarders are people too!
In California, a pedestrian includes people using a skateboard. See CA vehicle code 467. This means that skateboarders riding across the street at a crosswalk have the same rights as any other pedestrian.
(Attorney Angelo F. Campano / acampano@campanolaw.com / tel: 661-945-5300)
About to cross that street? Think twice.
In California, if you are thinking about crossing a street but not in a crosswalk, you, the pedestrian have to yield to nearby approaching cars. It's best not to assume you have the right of way. See california vehicle code 21954
(Attorney Angelo F. Campano/ acampano@campanolaw.com / tel: 661-945-5300)
You heard of DUI? How about BUI?
In California, DUI stands for driving under the influence. Some may think that DUI only happens when driving a car. But California also has BUI which is short for bicycling under the influence. So, drinking is drinking and whether you do it driving or riding a bike, the law is the same; it could be a crime. (See California vehicle code 21200 (a).)
(Attorney Angelo F. Campano / Tel: 661-945-5300/ acampano@campanolaw.com)
Saying sorry isn’t the hardest word to say.
California has what is called the "forgiveness rule". (See: Evidence Code 1160) Basically, if you express your sympathy for someone getting hurt after an accident, that expression of sympathy should not be admitted in civil court as an admission of fault. The rationale for keeping it out is that you are showing compassion for someone’s pain. But, if you add any indication of fault to that expression of sympathy, then the court can allow that part of your expression in as evidence of fault.
Here is an example of a statement that should be kept out of court: “I’m sorry you got hurt in the accident”
Here is an example of a statement that should be admitted in civil court as fault: “I’m sorry you got hurt in the accident, I didn’t see you coming”.
So, saying sorry isn’t the hardest word to say, but it’s what you say in addition that makes it difficult.
For more information, contact Attorney Angelo Campano at acampano@campanolaw.com or 661-945-5300.
Traffic ticket amnesty program begins October 1, 2015. (Hey, that's today). Under the program, you might be eligible to cut your ticket by 50%. And, under the program you could be eligible to have your licensed reinstated if you had it revoked.
(Attorney Angelo F. Campano / Tel: 661-945-5300/ acampano@campanolaw.com
(Attorney Angelo F. Campano / Tel: 661-945-5300/ acampano@campanolaw.com
What it means to make a claim with insurance.
(Attorney Angelo F. Campano/CAMPANO LAW GROUP)
(Attorney Angelo F. Campano/CAMPANO LAW GROUP)
Your car or motorcycle is damaged in an accident. Your house is damaged by fire, etc. What to do to get it fixed/repaired? You need to “make a claim” with the insurance company that you pay to in the event you need your car/house fixed after an accident.
First, call your insurance company. Second, ask to open a new claim. Third, a person from the insurance company should then talk to you, over the phone, and ask you basic questions about the accident. Questions like when it happened, how it happened and where it happened. At the end of the conversation you should get a claim number. This is the reference number the insurance company uses to keep track of your claim. Fourth, the insurance company will then make arrangements to have your car/house inspected. The insurance company will send a field adjuster to write up a repair estimate. If your car is drivable, your insurance company may ask you to come their field office for the estimate. Lastly, if the damage is covered, the insurance company will pay for the repairs. For more information contact acampano@campanolaw.com / tel: 661-945-5300.
My car/motorcycle is a “total loss”. What does that mean and what happens now?
After an accident your car/motorcycle is damaged. You want it fixed. You called the insurance company and they did an estimate. You find out that the insurance company has determined it to be a “total loss”. That phrase means that the insurance company has inspected the motorcycle/car, prepared a repair estimate, and now the cost to repair the motorcycle/car is more than it’s worth if you were to sell it. So, the insurance company decided that it is not worth it to fix the motorcycle/car. What happens then? A couple things can happen.
First, the insurance company can send you a check for the value of your car/motorcycle. And, for that check, you give the motorcycle/car over to the insurance company. Or, a second option is that you keep your car/motorcycle, still get a check, but for less money because you decided to keep the car/motorcycle. There are other options, but these two are the most common. (acampano@campanolaw.com; tel: 661-945-5300)
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