Category: Avvo Questions

Insurance companies oftentimes do their best to not treat you fairly or equitably. One example of this is when the at-fault driver’s insurance carrier provides you with a rental car with a “take it or leave it” attitude. In California, you are entitled to be provided with a vehicle of equal value to the vehicle that was damaged as a result of another driver’s negligence. For example, let’s say that you get rear-ended in your new Toyota Prius. The other person’s insurance company says “yep, our driver was at fault” and then allows you $20 a day for rental car.… Read More

Recently, a person asked the following question on www.avvo.com: Her Question: My ex boyfriend posted he was bisexual on a dating site. I had no idea. If I print a copy of our messages and his profile would that be considered slander? My Answer: The following answer applies to California law. I believe that the general principles are the same throughout the U.S. but, to be sure, you should speak to an attorney licensed to practice in your state. In order to be sued for defamation, your ex-boyfriend would have to prove ALL of the following: The elements for a cause of action for defamation are:… Read More

Q: The following excellent question was posted on www.avvo.com: I was in a severe car accident as to which I was not at fault. However, I have a lawsuit going against the other driver, and may or may not be able to to be compensated by the other driver’s (who was insured) insurance company. My question is, if I win my lawsuit against them, can I still file for an underinsured motorist claim with my insurance if the other driver has only the minimum limits of coverage required by law, but those limits are insufficient to compensate me fully for my injuries. Do the same… Read More