As a personal injury lawyer, I often focus my attention on the injury portion of accidents. Yet, I understand that there is more to an accident than injuries. For example, how can you get your car fixed? Who pays for the repair bill after your car is damaged in a car accident?

The following are some of the common questions that clients have about car repairs.

Who will pay for the damage to my car?

If another party is at fault for your accident, his or her property damage coverage should cover accident damages. If you are at fault for the accident, your collision coverage may pay for physical damage to your car if you have this coverage (it is not required by law).

How much money will I receive for my car damage?

The answer to the question depends on the damage your car has sustained and how much insurance you have purchased. The insurance company will do an investigation to determine the value of your vehicle and the approximate cost of repairs.

If the cost for repairs is greater than the value of your vehicle, the insurance company will declare your vehicle totaled and offer you the value of your vehicle rather than repair costs. If you decide to keep a totaled car, then the insurance company will only pay you the value of the car (as determined by the NADA Used Car Guide) minus the salvage value.

What if I disagree with the insurance company’s repair estimate?

If you would like to dispute the repair estimate, you and your car accident lawyer can file a complaint with the Insurance Department’s Consumer Affairs Division. You may need to go to arbitration (an out-of-court form of dispute resolution) to help settle your dispute.

Where can I bring my car for repairs?

You can have your car repaired anywhere. Your insurance company may provide you with a list of the repair shops they prefer, but you do not need to bring your car to one of those shops.

Can I receive reimbursement for a rental car?

If someone else caused your accident, you are entitled to either a rental car or reasonable compensation for property loss. If you caused the accident but have purchased rental reimbursement coverage, you may also be entitled to rental car for the time it takes to repair your vehicle (if a reasonable amount of time).

Source: Connecticut Insurance Department, “FAQ’s Regarding Repairs to Your Vehicle.”

Please email me or call  (203) 259-5251 if you need getting your car repaired after a Connecticut car accident.

 

A Connecticut divorce starts with a Summons.

And the language of the Summons sets the tone for an adversarial process.

For example:

Notice to the Defendant. Who wants to be a Defendant? Defendants tend to get defensive.

You are being sued. Huh? What now? For what?

This paper is a Summons in a lawsuit. Oh sh#t!

The Complaint attached to these papers states the claims the Plaintiff is making against you. Great. Here we go……

Oh – and then for good measure the caption of the Complaint states:

Alice Kramden, Plaintiff versus Ralph Kramden, Defendant.

The Honeymooners makes my top five list of greatest TV shows ever. It would be priceless to see Ralph get served with a divorce!

Couldn’t the lawsuit be started by using softer, less adversarial terms?

Sure it could.

Here’s how:

Do not call it a lawsuit. Lawsuits are for other types of litigation – like when you get rear ended in a car accident. (I do realize that some spouses think they got rear ended in their marriage). How about calling it a proceeding rather than a lawsuit?

Get rid of the Plaintiff and Defendant labels. Petitioner and Respondent are better but why not just use Husband and Wife? It will be easier for everyone to know who is who in court, with motions, agreements etc. For non-married couples use Mother and Father. For same-sex couples maybe use Partner (for plaintiff) and Domesticated Partner (for defendant). But I am not married to these terms – it can be figured out.

Eliminate “versus”. For example, use In the Marriage of Kramden. Or make the caption similar to a Probate case like In re: Kramden.

Scrap the “claims against you language.” Substitute this language: “As part of this proceeding the Wife is making certain requests which are set forth in the attached Complaint.” This provides sufficient notice.

The courts have made an effort to reduce the use of the terms custody and visitation in favor of more descriptive terms like parenting plans, decision-making authority and parenting time. These proposed amendments are consistent with that trend.

 

That’s no typo – 30 children. It’s true – a 33 year old in Tennessee has fathered 30 children.

Curious to know how many of them has he actually “parented.”

Anyway.

Apparently, the state takes half of his paycheck as payment of child support for some of the children. However, he is not paying child support for several other children of his according to their mothers.

So rather than seek additional employment (which might also otherwise occupy him a bit more) he is requesting that the court modify his child support.

Does he deserve a break or should he be required to support the children he fathered?

Man who fathered 30 kids says he needs a break-on child support | The Sideshow – Yahoo! News



Yesterday, U.S. Transportation Secretary Ray LaHood released a plan for reducing distracted driving across the country. The “Blueprint for Ending Distracted Driving” is one in a line of documents issued by LaHood regarding distracted driving and one of the most comprehensive yet.

There is good reason for LaHood’s intent focus on ending distracted driving. In 2010 alone, at least 3,092 people were killed in car accidents involving distracted driving. Furthermore, even though the vast majority of drivers believe that distracted driving is dangerous, three quarters of drivers admit they are willing to answer phone calls while driving.

And, according to the Centers for Disease Control (CDC), almost 60 percent of high school seniors admit to texting while driving – even those in states where texting while driving is illegal.

The Blueprint for Ending Distracted Driving:

  • Asks car manufacturers to create guidelines for reducing in-car distractions
  • Encourages the 11 remaining states to enact distracted driving legislation
  • Encourages better distracted driving education for new drivers as well as veteran drivers

“Distracted driving is an epidemic,” Ray LaHood stated, “While we’ve made progress in the past three years by raising awareness about this risky behavior, the simple fact is people are continuing to be killed and injured – and we can put an end to it.”

That means that teenagers and adults alike must learn to put down their phones and concentrate on driving, whether they are taking a business call or texting a friend.

Next up for LaHood and the Department of Transportation?: Two pilot programs in California and Delaware to determine whether increasing police enforcement and media coverage for distracted driving can help reduce the number of accidents caused by distracted driving.

Source: TheTrucker.com, “DOT offers ‘Blueprint for Ending Distracted Driving,” June 7, 2012.



Most divorce lawyers In Connecticut agree that there is a significant increase in the number of men receiving alimony.

A recent article from the Connecticut Law Tribune highlights some of the reasons why:

Here are a few points:

1. Women are earning more money and in many families are the “bread winners”

2. Historically, husbands would decline alimony in situations where the wife was the “earning” spouse. Men are not nearly as proud these days. There is a growing acceptance of alimony being a gender-neutral concept.

3. The playing field has also leveled in custody cases where more and more fathers are awarded custody or otherwise playing a very active role in the life of their child.

4. Increase in the number of engaged women requesting prenuptial agreements. It is used to be that the boyfriend wanted the prenuptial. Especially in second marriages, more women seek the protection of a prenuptial agreement.

 

Sound advice appears below on how to help a friend or loved one going through a divorce.

The author did miss a BIG one though.

Do not compare your divorce or any other divorce to theirs. No two divorces are identical. The variables are endless. You are doing your friend a huge disservice if you do this. And as a corollary do not give legal advice.

If you compare divorce cases or give legal advice, you only create unjustified expectations and anxiety for someone you are trying to help!

8 Ways To Support Your Friend Through A Divorce

 

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