Skip to main content
David W. Hibbert

David Hibbert’s Answers

31 total

  • Hit some body from behind but she told the police she stopped short i did not receive no ticket

    What does that mean for me

    David’s Answer

    Well ,if you did NOT receive NO ticket the grammarians would be ready to represent you in traffic court. However, whether or not you got a traffic ticket can be irrelevant to the civil negligence claim that person you hit might make. Furthermore, that driver's admission of some culpability in the circumstances would work in your favor were that party to attempt to recover from you.

    See question 
  • How can I file a civil lawsuit in georgia

    I want to sue my ex husband for physical and emotional abuse, and I cannot afford an attorney. How can I do it myself. I have proof that he was abusive to me physically and emotionally, and it's been a year and a half. Thanks

    David’s Answer

    It sounds like this abusive activity may have occurred before you were divorced from your "ex-husband"
    The divorce case was your opportunity to bring this issue to the court. You may have resolved all your issues in that settlement agreement or that trial, thus precluded from taking further action on matters that you were either resolved in the divorce or capable of being resolved in the divorce.
    If the actions were after your divorce was completed and final, then you may have cause to file either civil or criminal actions against the perpetrator. You may want to speak to the local prosecutors office in the event that a criminal act was committed.

    See question 
  • Me and my husband need to have our living wills made. How do we get started and how much does this cost.

    We both are in our 50's .I'm concerned because. 5 yrs ago he was diagnosed with prostate cancer. We both have grown children and wish to be cremated.

    David’s Answer

    The Living Will was replaced by the Georgia legislature with the Advanced Directive.
    It's a long form and available online at :

    If you need help with it , call an estate and wills attorney.

    See question 
  • What paper work do I need? Do I need to hire a lawyer?

    My estranged father passed and had resided in MI at his time of death. He has a living sister and brother, no other biological children, spouse, or living parents. His siblings contacted me in regards to funeral arrangements, etc. They also told m...

    David’s Answer

    The laws of Michigan are going to apply to your Michigan father's estate.
    Yes, the property and accounts should go to you under the laws of intestacy (no Will) .
    But, I'm a Georgia lawyer and Michigan laws will apply to this situation given the facts you have put forth. Get in touch with the Michigan State Bar for a referral up there or look online here for Michigan estate lawyer to answer this question.

    See question 
  • I was driving another persons car and had an accident. Will the owners bodily damage insurance cover my medical expenses?

    I borrowed a car from a friend. While I was driving it I went off the road - I was the only one involved in the accident and had to be hospitalized for a week. I do not have health insurance and my insurance company said the insurance follows th...

    David’s Answer

    If you have medical payment coverage on your own vehicle policy, it should pay since there was no medical payment coverage on the vehicle you were driving.
    If it was your fault , then you are not going to be recovering anything other than the possible medial payments coverage on your own policies.
    If there was NO FAULT involved, how did the car get off the roadway ?
    Mechanical failure ? Road defect ? Livestock in the roadway ? Driver error ? Tire blowout ? standing water on the roadway ?
    In your situation you should go over all the facts and circumstances of the incident with an attorney

    See question 
  • Can a will be filed for probate ( or be registered) before the death of a resident?


    David’s Answer

    A Will can be filed with the court before death (perhaps for safekeeping) , but not given any legal effect. However, that is rarely recommended. A filed Wil has no effect until the party making the Will is deceased. Until then it may be revoked by another properly made and executed Will. Filing ahead of time is unnecessary. Can do it , Yes. Should do it , No. Your circumstances, of course, may vary or create an exception.

    See question 
  • I need a lawyer who is not afraid to challenge the state concerning medical neglect resulting in permanent physical impairment

    While in the gordon county jail I was denied medical treatment for a broken arm resulting in permanent impairment, with the need for surgery, for which I have now way to pay for a surgery that would not have been necessary had I received the medi...

    David’s Answer

    The problem you are facing is that there are various layers of immunity when making claims against the State or the County or any governmental entity. In the county jail , the defendant is likely to be the Sheriff. You should make yourself an outline of the evnts before and after the injury and the later treament you did receive.
    You don't say how you got the broken arm, which might impact whether or not an attorney would take your case.

    See question 
  • I was in an auto accident. Is it possible to find out how much insurance the other person has from the adjuster?

    friend was driving and hit a pole. It aggravated a previous injury and i want to know if he will have enough insurance to cover this. Is there any way to find out other than ask him?

    David’s Answer

    Your question has been answered by the previous comments, HOWEVER , the amount of coverage involved may be increased by yours or your resident relative's own Unisured/Underinsured Motorist coverage (if any does exist.) Insurance limits and coordination can be a complicated matter. If your injuries are not severe , then the $ 25k Georgia minimum coverage may be sufficient. Call a lawyer.

    See question 
  • Do I have any recourse? - Motorcycle accident-

    My motorcycle was ran over in the parking lot of my place of employment. I was inside working when the person who hit me came inside and told me about the accident. Bike was taken to dealership and declared "totaled" by both his insurance comp...

    David’s Answer

    • Selected as best answer

    You have recourse in filing suit for the property damage to your vehicle, motorcycle , or other property. The measure of damages for property is the fair market value before the damage less whatever it's worth after the damage. The amount you may owe on the property is not relevant to the equation. Check the market for other motorcycles for sale in your area that are similar or the same as yours. Craig's list , local dealers, and any other "market" where motorcycles are bought and sold for your own valuation of the bike. Argue from knowing what the real value of your property was, and don't accept a low ball offer (which is what insurance companies want to pay) Yes , you can file suit in magistrate's court against the person that ran over your motorcycle, but you will need evidence of the FMV to prevail.

    See question 
  • I hired a contractor to do painting. The contractor brought a day laborer with him. The day laborer fell off ladder.

    I hired a contractor to do painting. The contractor brought a day laborer with him. The day laborer put a tarp on hardwood floor and put extension ladder on tarp. The ladder slipped and he fell of ladder and is in hospital. The contractor has no l...

    David’s Answer

    You likely have some general medical payments coverage as part of your homeowners policy. It will pay something without regard to fault. The contractor may not be required to have Worker's Compensation coverage if it has less than three employees.
    Turn the matter over to your homeowners insurance and let them deal with it. That's why you pay them for general liability insurance.
    Note: Best practice is to be sure your contractors carry insurance, whether roofers, tree surgeons, brick masons, or other repair folks.

    See question