“I Was Served With A Restraining Order Giving Me No Visitation With My Kids: Can Anything Be Done?” One of the common requests made with a restraining order filing is that the restrained person have no visitation with minor children. This is a fairly extreme order, but is asked for quite often in cases where violence, abuse, or drug or alcohol problems are alleged in the papers. Because the...
Swanson O’Dell
From The blog
What Is Accident Reconstruction?
Accident reconstruction is a process where experts determine the cause of an accident, assign fault, and also calculate force and direction of impact, which can be important for determining what injuries could be caused by the accident. The experts used for this are first, the accident reconstructionist. This is usually a mechanical engineer who is trained in using the physical evidence, such as...
What Documents Should I Get For My Attorney From My Accident?
There are several documents that are vital for you to bring to a meeting with an attorney about an accident case. First, you should bring your insurance policy---not just the insurance card, but the full policy if you have it. Second, you should bring the name and contact information for any insurance adjustors involved, either from your insurance or the other party’s insurance, including any...
What Is The Legal Minimum of Car Insurance In California?
California has quite low minimum automobile insurance coverage requirements: Bodily Injury Liability Coverage: $15,000 per person / $30,000 per accident minimum Property Damage Liability Coverage: $5,000 minimum As you can see at a glance, an accident of any severity can easily go over these limits. If this is your coverage (and it might be, if you bought the cheapest insurance) then you do not...
GAP Insurance: Two Common Scams—GUEST POST
GUEST POST Today, as a follow up to our previous blog about GAP insurance, we have consumer attorney Kevin Faulk to talk about common GAP scams. Since 2006, Kevin has been helping consumers against businesses large and small. He has handled cases involving vehicles worth a quarter of a million dollars and computer products which cost a couple of hundred dollars. He has helped people fight...
What Is Gap Coverage?
Gap insurance is insurance that covers the difference between the value of your car and the total amount owed on your loan. This is important coverage if your vehicle is not worth as much as the loan, or is close in value. It comes into play when you have an accident and your car is not repairable (known as being “totaled”), and the insurance company pays you the value of your car. If, for...
“My Ex Is Always Late For Exchanges. Can Anything Be Done?”
“My Ex Is Always Late For Exchanges. Can Anything Be Done?” A perpetual problem in courthouses across the country is “what do you do when one party is constantly late for custody exchanges?” One the one hand, courts don’t want to be that involved in every day exchanges; they want parties to behave like grownups, keep to the schedule, and call if they are going to be late. One the other hand,...
How Does An Insurance Company Determine Who Is At Fault?
Insurance companies generally determine fault by a combination of methods. First, and most importantly, they review the police report of the accident, if there is one. There is nearly always a determination of fault by the investigating officer, as well as narrative description of the accident and the physical evidence, often including pictures. If there are third party witnesses to the...
“Can Parental Rights Be Terminated For Crimes Committed?”
“Can Parental Rights Be Terminated For Crimes Committed?” Yes, parental rights can be terminated in California for commission of a crime, if it is a felony and impacts the ability to parent. The code section that controls this process is California Family Code Section 7825, which reads as follows: 7825. (a) A proceeding under this part may be brought where both of the following requirements are...
How Long Does It Take For Insurance To Pay For My Damages?
Insurance companies pay out two different kinds of damages, and they are paid at different times, in general. Property damages is the first category. This involves usual vehicles which either need to be repaired or have been totaled. This can take a couple of weeks, but generally happens pretty early in your case. Basically, as soon as the insurance company knows what the damage is and has an...