being sued for car accident, what kind of lawyer

If you are being sued for the car accident and need legal help, there are many different kinds of lawyers that can help with your case. There are personal injury attorneys who can represent the injured party and an attorney who specializes in insurance law could also be hired.

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Do I need an attorney for a car accident claim?

May 20, 2021 · If you are being sued for the car accident and need legal help, there are many different kinds of lawyers that can help with your case. There are personal injury attorneys who can represent the injured party and an attorney who specializes in insurance law could also be hired. It’s best to research these options before deciding on one lawyer or another because …

Is it better to settle a car accident case or sue?

Feb 05, 2013 · You need a personal injury attorney. If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. * This will flag comments for moderators to take action.

How do I file a lawsuit after a car accident?

Sep 12, 2021 · This article goes through some of the key points to remember if a person is being sued after a car crash. Contact the law firm to arrange a free consultation with one of our attorneys or lawyers for more information or to get the answer to any question about the law following a wreck.

Do I need an attorney for a personal injury lawsuit?

Sep 29, 2015 · If you are being sued for more than your coverage, you should talk to an independent atty. You may want to talk to an asset protection lawyer, a bankruptcy lawyer, and a civil litigation atty. You could consider hiring an atty that typically defends car accident cases.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if you have auto insurance?

If you have auto insurance put them on notice and they will hire an attorney to defend you. If not you need a lawyer that practices in the area of civil defense.

What to do if you don't have insurance on your car?

If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What happens if you don't have insurance?

If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.

Does insurance pay for lawyers?

Your insurance company will hire and pay for a lawyer on your behalf. You have an obligation under your insurance policy to cooperate with the lawyer hired by the insurance company. If the damages are more than your policy limits, you may then have to hire your own attorney.

Can you sue for more money than you can recover?

Otis common for plaintiffs to sue for more money than they can realistically spect to recover; however, in cases where your policy limits are seriously in jeopardy of being exceeded, then it is prudent to hire an independent personal injury attorney to protect your interests. The lawyer hired by you insurance company to defend you is, actually, your lawyer, not the insurance company's lawyer, and you are their client...

What do plaintiffs want in a car accident?

Plaintiffs Want Payment Quickly. The plaintiff in a car accident suit wants to get their payment as quickly as possible. After all, money now is worth more than money later. Additionally, plaintiffs probably have expenses. These include medical bills and lost wages.

Why is it better to settle a case or settle?

It is always better to settle because when an insurance company agrees to an amount, they will pay it out quickly. If you receive a judgment in court, there is no guarantee of collection.

What happens if you give evidence to your insurance company?

They will give your insurance company all the evidence they have that their client sustained an injury and that your negligence and recklessness caused it. From there, your insurance company and the plaintiff’s attorneys will begin negotiations. If your insurance company believes the evidence is compelling, they will probably want to settle early.

Can you settle a car accident case?

Your insurance company and the plaintiff’s attorneys will present their evidence. Once the judge makes a decision, you can’t negotiate it or belatedly accept an earlier offer. So when you’re being sued in a car accident, settling is usually better all around.

Can an insurance company avoid a trial?

This applies most to an insurance company, but the plaintiff’s attorney will probably want to avoid a trial as well . Anything can happen in a trial. To avoid an unexpected result and to reduce their own risks, both plaintiffs and defendants will look to settle a lawsuit.

Do you have to pay up if you are sued for a car accident?

When you are being sued in a car accident, you probably won’t have to pay up . It will be your insurance company. And it’s in the insurance company’s best interest to settle a case quickly. They want to do this for a few reasons, which we’ll talk about farther down.

Can a plaintiff avoid a settlement?

Even if neither party gets exactly what they want, there’s a degree of certainty with a settlement. The plaintiff can avoid getting nothing, and the defendant can avoid a massive verdict for the plaintiff. Both of these things can happen in trials, and there is no mitigating it or negotiating it.

Why can accident victims take assets?

An accident victim can only come after your personal assets if they have a court judgment in their favor. This means they will need to sue you and win, at which point they become a “judgment creditor” in the legal lingo. The judgment is for a sum of money the jury or judge decides on.

Can a victim take my home?

No. Some assets are exempt by law. Your home is probably exempt under NRS § 115.010. This law says your homestead is not subject to any forced sale by a judgment creditor. However, only $605,000 in equity is exempted.

Can they take my car?

They can if you have enough equity in it. The law exempts from execution up to $15,000 in equity for one vehicle. So if your car is only worth $10,000, the judgment creditor cannot take it. They also can’t take it if the car is worth $30,000 but you are still paying a car loan of $28,000. In this example, there is only $2,000 in equity.

Can they take my retirement account?

Probably not. Nevada exempts from execution up to $1,000,000 in individual retirement accounts, including Roth IRAs. The same amount is exempt from a written simplified pension plan.

Can a judgment creditor take cash in a bank?

Probably. Unless the cash is exempted—such as Social Security retirement benefits—they can ask the sheriff to execute on the bank account. The logic of the law is that you should use these funds to pay the judgment creditor what you owe, so they are allowed to take it if you do not voluntarily hand it over.

What about life insurance proceeds?

Under Nevada Revised Statute 21.090 (k), all money and benefits growing out of life insurance are exempt from execution.

Can the victim garnish my wages?

Yes. However, the law limits the garnishment. Specifically, NRS 21.090 (g) exempts from execution 82% of all disposable earnings if your weekly earnings were $770 or less. If your wages exceed $770, then 75% of the disposable earnings are exempt. “Disposable earnings” are essentially what is left after required deductions are withheld.

What to do if you are unable to pay your car insurance?

It is their obligation to represent your best interests and to help protect you from any personal liability. Of course, this answer presumes that you maintained the mandatory liability limits. If you did not, then she can definitely bring suit against you to hold you liable for her damages. If you are unable to pay, then there are several options that she has to attempt to get the money that she was awarded.

What to do if you don't have auto insurance?

If you have auto insurance, you should immediately call your insurance company and report the accident to them. They will take care of everything. If you don't have auto insurance, she can certainly sue you for money; but more likely, she'll go after her own insurance company (under her Uninsured Motorist coverage).

What happens if you don't have insurance?

If you do not have insurance then the person who was injured would have to sue you to get a judgment against you and they attempt to execute the judgment by garnishing your wages or tax returns. It is unlikely they would do so, but possible.

What happens if you are at fault for a collision?

Eugene Ray Critchett (Unclaimed Profile) Generally, if a person is at-fault for a collision and had insurance at the time of the collision, the person can submit the claim to their insurance carrier to defend them. This will help avoid a judgment against you, avoid attorney fees and possibly avoid judgment against you.

Do you need insurance to drive a car in Oklahoma?

Under the laws of the State of Oklahoma you must carry automobile insurance in order to get or keep a driver's license to drive a car. The insurance is required at least in part, to insure that financially strapped people provide some coverage for others in the event of a car wreck.

Can a woman recover money from an accident?

However, she will have to prove her damages. She can't recover money unless there was property damage, or she was hurt. If you have auto insurance, it will hire an attorney to defend the case, and pay the damages up to the policy limits. If you don't , she might get a judgment against you, but if you own nothing, there is no way for her to collect.

Can a woman win if she is in an accident?

If she does, and yes she can win since the accident was your fault, you need to show up in court and make her prove her damages. The worst thing you can do is ignore her suit, thus allowing her to take a default judgment against you for basically any amount she wants, since you did not contest any of her claims.

Jeffrey Mark Adams

Look around for "insurance defense" or "civil litigation - defense" lawyers. If a lawyer is listed as an insurance defense lawyer, they handle your type of case although usually on contract with an insurance company. Warning: it will probably not be cheap to resolve. You might want to see what they...

Ryan Alexander

Civil attorney who is licensed in Kentucky. Also, "trying to sue" me is cryptic. You need to confirm if you have actually been sued.

Timothy Bernard Spille

Generally, you want to hire a civil defense attorney who routinely defends personal injury cases. I hope you have now secured automobile liability insurance for your vehicle. You will soon learn that paying an insurance premium is a bargain compared to paying for a...

Lars A. Lundeen

I agree with the other attorneys who have responded to your question. You will need an attorney that is well versed in defending personal injury cases specific to motor vehicle accidents.

Christopher S Ison

You need someone with experience defending personal injury law suits. Generally this would be taken care of by your insurance; however, since you did not have insurance the burden will be on you to find and retain an attorney. You can look on Avvo for attorneys who practice in your area...

What Happens If You Lose A Car Accident Lawsuit?

Why Is It Better to Settle?

• Settling your car accident claim is often preferable to going to trial for everyone involved. This mostly applies to an insurance company, but the plaintiff’s attorney will probably want to avoid a trial as well. That’s because attorneys and insurers want to avoid the unpredictability of a trial. Anything can happen in a trial. To avoid an unexpect...

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