by Diana » Thu Jun 11, 2009 06:55 am
I was in an accident where I made an illegal U-turn and someone hit me. It was determined by the police report as being my fault. The car that hit me was a newer model, and I recieved a letter from my insurance company stating that the damages to the other party might be above my limits. I only had basic liability coverage as I am a very broke 20 year old college student who was driving an older car. Does this mean that the other party is definitely going to sue me or can sue me? If that is the case, I will be unable to pay them so would they garnish any wages I earn? Would I need to file bankruptcy?
Posted: Thu Mar 01, 2012 09:06 am Post Subject:
I have a $10,000 property damage limit on my policy and I hit a car and the value was $20,000. Will I have to pay the $10,000 out of pocket? Also even though he refused treatment at the scene, the other driver now says he has a shoulder injury. What if my policy isnt enough to cover that either.Can he sue me? I am only 26 and don't own anything..
Posted: Thu Mar 01, 2012 09:44 am Post Subject:
First, see my sig.
Will I have to pay the $10,000 out of pocket?
You may. Your carrier won't settle unless the other person is willing to accept the $10,000 and sign a release. Instead the other party can file suit against you and your carrier will provide a defense. If you loose, your carrier will pay the $10,000 and the other person will have a judgement against you. Do you have $10,000? If not, the other person will have spend a lot of time and effort to get the $10,000 your carrier offered plus a piece of paper that says they can legally pursue recovery from you. In other words... they will probably not get anything. Some states allow for wages to be garnished but they would need to fit a wit in court to do this.What if my policy isnt enough to cover that either
You have a separate injury limit from your property damage limit. It's the same as above.Posted: Thu Mar 01, 2012 10:05 am Post Subject:
they would need to fit a wit in court
One of your better typos, tcope!
Methinks you meant "file a writ" -- or did you mean "throw a fit"? :D
Posted: Thu Mar 01, 2012 10:11 am Post Subject:
It means I worked too hard today and got burned out on insurance. :lol:
I do have a "funny' story. I'll post in another thread.
Posted: Sun Mar 25, 2012 11:17 pm Post Subject: Biclycle accident
Hi my son got in to bike accident and hit pedestrian, and my insurance deny the claim since my son is away for college,what is the next step we should do?can my son getting sue for? and he is broke no incomes full time students
Posted: Mon Mar 26, 2012 12:10 am Post Subject:
Again... see my sig.
can my son getting sue for? and he is broke no incomes full time students
Yes, and if he was at fault he will probably lose. Also, he'd need to pay for a defense out of his own pocket.What can be done with the judgement differs from state to state. Some states allow the person holding the judgement to garnish wages and they can certain attach that judgement to any real property. Keep in mind, the judgement can be "renewed" and last until your son does have assets.
Will this happen? Probably not. Attorneys usually want instant money and will move onto the next, easier, case.
Posted: Tue Nov 26, 2013 02:55 am Post Subject: At fault DUI traffic death
My wife had a head on collision while she was driving in the wrong direction with a DUI in Florida. Can they touch my disability social security or IRA. The auto was in my name..
Posted: Tue Nov 26, 2013 04:32 am Post Subject:
Can they touch my disability social security or IRA
No. But your home, bank accounts, and all of your personal assets could be at risk.Posted: Wed Nov 27, 2013 03:06 am Post Subject: at fault dui traffic death
My wife has a severe ankle break from the at fault DUI head on collision in which the other driver was killed. The doctors tell me it could be a year or more and many operations to try to save the foot. Can she be put in jail for DUI vehicular manslaughter with the condition of her foot. If no what would she get and where would she go if she was sentenced to 5,10,15 years in this physical condition. She was in the hospital for 6 weeks and is now at home with nurses coming everyday and orthopedic appointments and burn center [plastic surgery and skin graphs] weekly and monthly. In her condition can she be put in prison.
Posted: Wed Nov 27, 2013 01:53 pm Post Subject:
Can she be put in jail for DUI vehicular manslaughter with the condition of her foot.
andIn her condition can she be put in prison.
If convicted, the answer to that is, of course. That she is not yet in jail awaiting trial is a miracle. Although it might, the state is not obligated to provide any of its inmates with the kind of extensive medical treatments your wife apparently needs. Prison inmate health care depends largely on the state's allocated budget funds for that line item.
And like most drunk drivers, her present condition, as severe as it may be, is still better than that of the person with whom she collided.
The question that you need to ask is, "Will the District Attorney delay prosecution until her medical condition is resolved?" because she will be prosecuted. The answer to that question is up to the DA, and if she is no longer confined to a hospital bed, she is subject to immediate arraignment and prosecution, even if she needs additional medical treatments on occasion. At the arraignment, she could be remanded to the custody of the county sheriff and not be given bail. Medical care for jail inmates is no better than it is for prison inmates.
At this point, and more than her medical care, your wife needs the services of a competent criminal attorney to keep her out of a courtroom until her medical treatments are complete, and unfortunately, your insurance company will only defend her at its expense in a civil trial. So you may have to tap into your IRAs to pay for that expense.
I'm sorry for your situation, but drunk drivers make a choice and deserve little sympathy. Far less than the families of their victims.
Add your comment