Your lawyer is honest and 100 percent correct. There are loan companies available out there but the interest rates are worse than pawn shops. Be very careful and be thankful you have a straight up lawyer working for you. If a lawyer ever offers to loan you money to get your business, you can be sure you will get taken by them in the end. Dishonesty is a habit
You only have two years within which to file the lawsuit itself. So you cannot wait that long. More importantly, it is likely that the insurance carrier will realize that you are filing bankruptcy. Technically the bankruptcy court will own the claim. The bottom line on this is it is a complicated situation involving an interplay between bankruptcy law and personal injury law. This is one that you cannot handle yourself
You are only legally responsible if 1) you knew that your friend had a lengthy history of careless driving (a negligent entrustment claim) and 2) your friend is found liable. Its hard to prove unless your friend has a disastrous driving record. Either way, your insurance will give you and your friend a free lawyer.
You can sue for whatever amount is appropriate. The correct question is whether there is insurance sufficient to cover the correct amount. Assume your case is worth $250,000. The 100k would pay out and if you have uninsured motorist insurance in excess of the 100k, it would pay next. Beyond that, you would hold a judgment against the driver for the balance, but without assets to pay it, the judgment becomes a nice picture on the wall. The reality is, you should negotiate a drastically reduced...
The lien cannot be addresses until settlement numbers are know so in a sense you are correct; there are two separate steps. Real issue is with broken ribs, there is notice medical care; it just hurts. Settlement should be about 8 to 10 k on 2500 in medicals. Medicare will have paid about 1500 on 2500 so reimbursement is workable.
The answer is possibly yes. As far s the statute of limitations, it did not start running until the other driver pled guilty or otherwise resolved the criminal charge. If you are inside 2 years from the date of the plea then the statute is not a bar. Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009). The tolling statute says;
O.C.G.A. § 9-3-99
The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which...
If you don't control what he does with the car, you likely have no exposure either under family purpose doctrine or for negligent entrustment. See my article below for more details.
Your son just needs to report it to his own insurance company and give that information to the adjuster who is calling. The fact they exchanged numbers shows that it was not a hit and run. The other company does not care so long as your son's insurance pays for the repairs.