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Sheldon S Saints
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Sheldon Saints’s Answers

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  • Can I refuse to use my insurance?

    if I am involved in an accident with a uninsured individual can I refuse to use my coverage and force the uninsured to pay for damages with cash. the individual without insurance is at fault.

    Sheldon’s Answer

    I am sorry to hear that you suffered an accident with an uninsured driver. This scenario can be very aggravating. While you could decline to utilize your own uninsured motorist coverage, it really makes no sense to do so. First of all, you have been paying premiums for years so that you could have such coverage. You should use the coverage you've paid for. Secondly, the only way to force the uninsured to pay is to file a law suit against them. This will require filing costs, discovery costs, perhaps expert witness costs and possibly years of delay. Even if you do obtain a judge or jury award against the uninsured driver, you may have no way to collect it. Wage attachments are very small payments over long periods of time, and you may have to chase the defendant around if they change jobs. You may be able to put a lien on real estate they own, but if they own it jointly with a spouse, you may not be reimbursed until someday when they sell the house, assuming there is any equity. Also, there the possibility that the defendant could file for bankruptcy and effectively wipe out any award you obtained. For all these reasons, it makes much more sense to use your UM coverage, and let your insurance carrier decide whether or not they want to pursue the uninsured defendant.

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  • Can I file a lawsuit against someone for causing a car accident if I am not injured? My car is unusable.

    I was heading home and the opposite lane of traffic was backed up from a stop sign. Someone in that lane waved a car out of a development that was on my side of the road, and the guy pulled right out in front of me. I am certain if I didn't hit th...

    Sheldon’s Answer

    Hello. I am sorry to hear about your car, I'm sure the situation is very frustrating.

    While you could "file a lawsuit," if your car can be fixed, your recovery will be pretty much limited to "diminution of value"--the value of the car before the crash compared to the value afterwards. If your car is totaled, you are pretty much only going to recover the trade in value of the car. A suit for lost value would require you to retain an expert appraiser. In both scenarios, you should be able to obtain recovery from the available insurance, including GAP coverage, without having to file any suit. You should talk to an attorney in your area if you are unsatisfied with offers made by the insurance carrier.

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  • What do they base a final settlement on ?

    it's a workman's comp. I'm trying to figure out what's amount to look for?

    Sheldon’s Answer

    In Delaware, assuming that there is no dispute that you suffered a work related injury, the potential value of your workers' compensation case is based on your wages, your medical bills, and whether or not you have suffered a permanent impairment and/or disfigurement. Generally, and very basically, as to wages, the question is whether you are totally or partially disabled. Your rate would be 66 2/3 % of your gross weekly wage loss (up to a maximum amount set by the year of injury). As to medical bills, to get your bills paid, your work injuries must be treated by a Delaware workers' compensation certified doctor who must abide by a fee schedule and the practice guidelines. As to permanent impairment, the value is based on a permanency impairment rating, given in percentage terms, as determined by your physician. disfigurement is based on the objectionable appearance and size of your scar, amputation or limp. If there is to be a settlement of the entire claim, called a "commutation," this value is based on the above factors in terms of what present and future benefits you might be entitled to, reduced to a negotiated lump sum, paid now. As I said, this is just basic information, and additional rules and factors (such as preexisting injuries or medical conditions) will apply to specific claims.The area of workers' compensation is far too complicated to fully explain in a paragraph. Please remember that you have two years from the date of injury within which to file a claim or be forever thereafter barred, unless the employer or carrier have paid you some workers' compensation benefits, then you have five years from the last benefit paid within which to file additional related claims. You should immediately seek a workers' compensation attorney in your area that can analyze your specific case factors and advise you appropriately.Good luck!

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  • Can i file claim at my insurance

    this is the second accident inone year

    Sheldon’s Answer

    You didn't indicate if the accident(s) were your fault or not, and I'm not sure if you are referencing property damage or payments for medical bills and wages, Nevertheless, assuming you have a valid policy in effect, you can file multiple claims with your insurance carrier.

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  • I hit hit car front when the car stop suddenly

    Who is at fault

    Sheldon’s Answer

    Usually, the driver that rear-ends the car in front is held to be the one at fault. I have seen exceptions such as when the claim is that the car in front suddenly switched lanes directly into one's path, the car in front braked to a sudden stop with non-working brake lights, or the car in front slammed on his brakes in an attempt to cause a collision in a road rage incident. If a claim is brought against you, as suggested by others here, notify your insurance company and they will handle this for you or provide you with counsel should that be necessary. If you are thinking of fighting a ticket, contact an attorney who handles criminal and traffic cases.

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  • Looking for a Family Court attorney licensed in Delaware (preferably New Castle County)

    I just got my alimony / child support order from Judge Cooper in New Castle County Delaware. I really need an attorney who can help me appeal the decision. I have custody of the child and mother is only obligated to pay 85/month while I am obligat...

    Sheldon’s Answer

    My law firm has two attorneys who handle only Family Court cases. We have an office off the Kirkwood highway and one in Glasgow. You can find other lawyers who handle Family Court matters by by contacting the Delaware Bar Association as well. You can also type in the find a Lawyer section of AVVO, or even do a Google search. Good luck!

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  • I was involved in an accident in pa but live in delaware. Are their different laws against what I am able to recoup for pain and

    Looking at pain and suffering. I had to have a disc removed in my neck was out of work for the surgery. Had to deal with pain all the way up to surgery all

    Sheldon’s Answer

    Hello,

    I am sorry to hear that you were injured so seriously. The answer regarding compensation is that most cases can be negotiated from Delaware. We negotiate cases such as this quite often. If however, litigation becomes necessary, suit would be filed in either the state where the accident occurred, or in the state of residence of the driver. In other words, if the defendant lived in PA and the accident was in PA, you would file suit in PA. If the driver was a Delaware resident, you could file in either PA or DE. Should suit be necessary out of state, our office simply cooperates with respected law offices in that state to pursue the claim. Please feel free to contact me to answer any other questions you have.

    Sheldon

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  • How much settlement can we expect?

    My husband was hit in his work truck in September 2010. He severely hurt his back and has had 3 unsuccessful surgeries and has not worked since. His doctor has basically said he's done all he can do and recommends disability. His lawyer submitted ...

    Sheldon’s Answer

    Not to complicate things, but you said your husband was in his work truck. If he was injured while in the scope of his employment, he should be receiving workers' compensation benefits as well. Since you have local counsel, I am sure they have discussed this with you as well as discussing UM. The other contributors are correct that the coverage you mentioned means that any one person in the vehicle can recover up to $100,000, while the entire group in that vehicle (had there been injured passengers) can recover up to $300,000 as a group. The $50,000 covers property damage.

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  • Are you always at fault if you hit someone from behind even if there are 3 cars involved 3 cas on abridge while raining

    first car slams on breaks second car slams on breaks hits first car third car slams on breaks hits second car first car leaves the scene is the third car automatically at fault

    Sheldon’s Answer

    Well, as you have described it, both the second car and the third car will be at fault.

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  • What kind of settlement is fair for a car accident?

    A drunk, uninsured, unlicensed driver pulled out in front of my vehicle causing an accident...then ran away from the scene in his car. He was caught. My husband suffered a cracked sternum, my 5 year old Grandson had a little bruising and suffered ...

    Sheldon’s Answer

    The value of a case depends on a number of factors such as the liability of the parties, whether alcohol was involved, the length and type of treatment, whether scarring exists, whether a doctor has opined permanent injury and the amount of coverage, among other things. It is best to obtain local legal counsel from a personal injury attorney who can maximize your fair recovery. If you try to negotiate this yourself, the insurance company will never compensate you as you should be, even when attorneys fees are considered. You should consult with an attorney immediately. Initial consultations are usually free. good luck!

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