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.
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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. Report Abuse JH James Eugene Hasser (Unclaimed Profile) Claim Your Profile
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.
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.
Feb 06, 2016 · First, you will want to contact the insurance company you had when the accident occurred. That insurance company is still responsible for providing you the protection afforded by your policy at the time of the crash. Next, find out what the statue of limitations is for Georgia. If too much time has passed then filing a new claim will be ...
Ten common sense ways to avoid being suedMaintain good communications. ... Avoid giving false expectations. ... Make the client make the hard decisions. ... Document your advice and the client's decisions. ... Don't initiate hostilities against the client. ... Avoid, or handle with care, the borderline personality client.More items...
Under Florida law, there is no limit on the amount of compensation an injured victim is entitled to seek in a car accident lawsuit.Jan 21, 2022
You may sue if you were the passenger in a vehicle that was involved in a single-vehicle accident but you do not have a valid lawsuit if you were the sole cause of the accident. The accident must have been someone else's fault in order for you to sue.
Texas is a "fault" car insurance state, which means you may file an insurance claim or lawsuit against the at-fault driver. So every driver can be held liable for any damages and injuries he or she causes in a car accident (Sec.Jan 17, 2019
In Florida, you cannot lose your house due to an at-fault car accident in most cases. While an injured person can sue the at-fault driver as a result of the car accident, the Florida homestead exemption, in most cases, will protect the home of the at-fault driver.Mar 7, 2022
Understanding Florida Asset Protection Florida law provides unlimited homestead protection and protects tenants by entireties assets, head of household wages, retirement accounts, annuities, life insurance, disability insurance, and more.Apr 8, 2022
two yearsAccording to The Alberta Motor Vehicle Accident Claims Program Information Resource Booklet, you normally have two years from the date of your accident to file your lawsuit in an Alberta Court. You have one year to serve your claim on the defendant(s) from the point that you file your lawsuit.Sep 23, 2021
two yearsThe basic time limit to sue someone in Canada is two years just after someone filed a case. Or, it can be the very day the event occurred that caused the plaintiff loss or injury or damage. The duration may vary due to different cases and different circumstances.Nov 21, 2020
$5,365The cap was originally set at $4000 when the Minor Injury Regulation came into effect on October 1, 2004. This law adjusts the cap each year for inflation. As of 2021, the cap is now set at $5,365 (a 1.3% increase from 2020).Jan 20, 2021
You can sue someone even if they have no money. The lawsuit does not rely on whether you can pay but on whether you owe a certain debt amount to that plaintiff. Even with no money, the court can decide that the creditor has won the lawsuit, and the opposite party still owes that sum of money.Dec 9, 2021
In most cases, yes, but an insurance payout does not prevent a civil lawsuit against you. You may have heard the statistic that human error is responsible for 94 percent of car crashes.Aug 23, 2021
Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020
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.
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...
First, you will want to contact the insurance company you had when the accident occurred. That insurance company is still responsible for providing you the protection afforded by your policy at the time of the crash.
Who are the most at-risk drivers on Georgia roads, and what do you do when you encounter them? Learn how a lawyer can help.
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Sounds like you need a bankruptcy attorney. You can also try to negotiate a settlement for a lesser amount and in installments. Do not give anyone any money without a simultaneous signed settlement agreement and release of all claims.
Many of us who advertise on avvo are open to this type of case. We cannot make initial contact. Choose any of us and make contact. Many of us offer free consults. I wish you the best. Wm.
Any civil litigator or a bankruptcy attorney, depdending whether you want to fight/settle, or file bankruptcy.
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.
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.
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.
If your insurance company believes the evidence is compelling, they will probably want to settle early. This is because if your case goes to trial, a judge will probably award a massive verdict to the plaintiff. If the evidence is weak or uncertain, your insurance company might return with a lower number.
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.
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.
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.
There are several different factors considered in determining who is at fault in a car accident: This includes whether any traffic laws were broken, the angle of collision, the speed of both vehicles at the time of the accident, and even the time of day. Your insurance company usually has to foot your legal bills: If someone sues you, ...
The plaintiff has to prove your negligence beyond a preponderance of the evidence: For you to be legally liable, you must have behaved unreasonably and breached the duty of care you owe to your fellow drivers. The plaintiff has to prove both this fact and that he or she suffered damages as a result of it.
One of the main goals of current traffic laws across the country is to hold all drivers up to a reasonable standard of care to ensure that the roads are safe for other drivers, as well as pedestrians.
You can still be liable even if the plaintiff was partly at fault: In “comparative negligence” states, you can be legally held responsible for an accident, even if the plaintiff contributed to causing that accident. If you were 80 percent responsible, for example, you will have to pay 80 percent of the total damages the plaintiff suffered.
This means you can’t be sent to jail on the basis of a person filing a car accident injury lawsuit against you.
You usually can’t be sued if you live in a no-fault state: There are 12 no-fault states in the United States: Florida, Hawaii, Kansas, Kentucky, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah, and the District of Columbia.
Settling may be a wise bet: Most personal injury lawsuits settle out of court. This means you or your insurance company make an offer of a sum of money to the plaintiff. If the plaintiff accepts the money, that is the full amount he or she recovers, and he or she gives up his or her right to sue.
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.
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).
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.
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.
You should refer this case to your insurance company as soon as possible. If you've been served, you have 20 days to respond. Give the summons and complaint to your insurance company and (if you have insurance) that should take care of it.
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.
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.
If you settle all the claims against you by the passenger of the other car for his or her personal injuries through your own insurance policy in a written settlement agreement and a dismissal of the complaint against you with prejudice, you do not have to worry about protecting your personal assets. The lawsuit against you would be resolved against you for the full amount of your insurance policy where the person suing you hopefully would give you a full release for his or her injuries.
The "underinsurance" component of the passenger who sued you deals with a situation where the passenger has an insurance policy that would pay him or her for injuries sustained beyond the amount your insurance policy would be paying.
From what you stated in your question, it does not appear that the passenger of the other car is going to seek your personal assets beyond the amount of your insurance policy for injuries received. In most States, you need to protect your personal assets through a trust or corporation before the events leading to a lawsuit arise.