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David Thomas Dorer

David Dorer’s Answers

295 total


  • How do I sue a drunk Drunk driver who hit my car, with no insurance, with bad address?

    May 5th 2015 a drunk driver hit me and was arrested, I got the report contacted the insurance who said he's not insured. Went to his 1st and 2nd appearance in court but the solicitor won't talk to me. I went to Fulton county where he lives filed a...

    David’s Answer

    Strategically, if there is no insurance, you will be throwing a lot of costs at pursuing justice in this case with little results for yourself. That is, unless you have Uninsured Motorist coverage.

    I've written a legal guide on what your insurance coverage means for avvo.com here: http://www.avvo.com/legal-guides/ugc/what-your-insurance-coverage-means

    Essentially, if you have uninsured motorist coverage, you need to contact a personal injury attorney that does litigation, not just a tv lawyer that picks up cases and turns around and settles them. Depending on your insurance carrier, they may try to deny coverage for this because of a failure to properly notify the company of a potential UM claim within 30 days of the accident. Also, they may try to say that you don't have UM coverage, so they don't have to pay you for your injuries. In that context, you really need a lawyer, because unless they have a signed waiver of UM coverage from you, they are required to extend coverage for this accident. (see: http://law.justia.com/codes/georgia/2010/title-33/chapter-7/33-7-11) On several occasions, I have filed suit against an uninsured driver, served my client's insurance, had them come back and say "she doesn't have coverage for UM", then we asked them for the signed endorsement of waiver, which was not produced, creating an obligation for coverage.

    If you don't have uninsured motorist coverage, you will likely not be compensated from this accident. You can get a judgment against the Defendant, if you so choose, and it is non-dischargable in bankruptcy (see 11 USC 523(9) https://www.law.cornell.edu/uscode/text/11/523) but you logistically can't bleed a rock. So, if you've declined uninsured motorist coverage, make sure you amend that appropriately so you can protect yourself in the future. If you're unsure about whether or not you waived coverage for UM, you should contact an attorney with experience in getting coverage where there once was none.

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  • How can I stop a lawsuit

    Was in a accident about three years ago and was in process of changing insurance companies so at the time of the accident that Friday night I had no insurance at all so now they say I owe like $9000.00 and I am supposed to pay like $100 a month ti...

    David’s Answer

    I'd recommend calling a comprehensive law firm that does not only litigates personal injury cases (that means more than just signing them up off a tv ad and settling their claims. You want someone who knows the ins and outs of the personal injury lawsuit process from the Plaintiff's side of things, because they often will charge less to defend than traditional defense counsel but often know just as much about how to challenge a personal injury claim) but also does bankruptcy litigation.

    As a personal injury attorney representing Plaintiffs, or injured parties, I can tell you that it is not in my clients' best interests to invest a substantial amount of costs and legal effort into a case where all you need do is file for bankruptcy and make the claim disappear in thin air. So long as you were not drinking and driving when the accident occurred (see: 11 USC 523 (9) https://www.law.cornell.edu/uscode/text/11/523) filing for bankruptcy will mean that the Plaintiff will get next to nothing, if not nothing at all.

    So, find someone locally that can help you both defend the pending lawsuit and negotiate on your behalf to settle it for little as possible, or, in the alternative, help you file for bankruptcy.

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  • Former employer sent a slanderous message about me through Facebook to another business owner what can be done??

    I put in a notice by email after we communicated verbally the day before. She asked me to stay at her business and tried to renegotiate. However I did not feel comfortable staying with how things were being managed but I considered offer. I send a...

    David’s Answer

    It's important, when asking about defamation, libel, or slander claims that you include the specific text of any allegedly defamatory statement, because defamation is a very tricky field of law, and you do not want to get bogged down in the expenses of litigation without first knowing what statement you are alleging was false and a defamatory statement.

    That said, first and foremost, you have a long, hard, road to tow on this claim because of specific privileged communications under Georgia Law. Those privileges are stated here: http://law.justia.com/codes/georgia/2010/title-51/chapter-5/51-5-7. A statement by a former employer to a prospective employer regarding your performance is often characterized as "statements made in good faith in the performance of a legal or moral private duty." Reason being, if you are an insolent or shiftless employee, a moral and/or legal duty may exist to notify that prospective employer of his or her folly in considering you for a position.

    That is not to say that all hope is lost. I write a lot of detail on what is and what is not a defamatory statement under Georgia Law here: http://daviddorer.com/2013/08/georgia-law-defamation-slander-and-libel/. If the statement regarding your performance is not truthful you have a claim. If the statement isn't about your performance but is about a personal opinion about you, you likely do not have a claim. You can see why the word-for-word statement is critical in this analysis.

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  • Is a venue liable for damages if an assault occurs on it's premises by drunken patrons?

    I was assaulted and battered by several men at a bar when trying to return a woman's phone to her. Security responded but I was already on the ground getting kicked and punched. Security broke it up and ousted the individuals. i had bruises, cut...

    David’s Answer

    Georgia Law for premises liability for negligent entrustment is very different from every other State, so my colleagues here have inaccurately stated the relevant law.

    Georgia Law for premises liability starts with OCGA 51-3-1. Other attorneys on this thread have stated the correct state of the law for inadequate security from the Restatement Second of Torts which requires owners of businesses to protect patrons from known threats of harm and knowable threats of harm. Georgia declines to follow this Restatement, as can be gleaned from the statute itself, OCGA 51-3-1.

    Instead, a patron must show that the venue or establishment had superior knowledge of the risk of injury to the knowledge of the patron. That is to say, if this venue doesn't usually have a problem with violence of drunk patrons, and you come in with a friend of yours who's a real hot head (and you know it), and your friend assaults you, you don't have a case. Furthermore, if this is the first time something like this has ever happened at this place, then you as the patron would have equal knowledge to the venue, in which case you likely would not prevail. (this is where there is the biggest derogation from the Restatement and common law: whether or not the owner or occupier of land should have known may be inconsequential if there is no prior notice. However, implicit risks of harm, like serving beverages on site in an unsavory neighborhood may necessitate more stringent security, and the failure of that security to follow policies and procedures may be able to help you in that context).

    I specialize in inadequate security cases, especially with gang related gun violence in bars, and I'd encourage you to talk to a Georgia lawyer who also specializes in these types of cases to see if they can help you out.

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  • NEED LAWYER TO HELP ME WITH LIEN ON MY DRIVER LICENSE

    HAD AN ACCIDENT IN 2000 DRIVING ANOTHER PERSON VEHICLE. THE PERSON WAS COMPENSATED AND HER INSURANCE PUT A LIEN ON MY DRIVER LICENSE. VAN END UP IN A DITCH AND WAS TOTAL.

    David’s Answer

    There is no such thing as a lien on a driver's license in Georgia. However, what likely occurred is a default judgment in a subbrogation lawsuit against you from the insurance company trying to recoup the money they paid to their insured as a result of your fault or liability.

    I would look and check the records which substantiate their right to recover from you. You may be able to set aside a judgment if the complaint was not properly served. A traffic attorney is the wrong answer, you need a personal injury attorney that does more than settles car wrecks, you need one that litigates insurance issues often.

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  • Is a public defender can work as hard as a hired attorney at defending someone?

    I can't afford to hire an attorney and I qualify for a public defender. Will I get treated the same? Will the public defender do everything they can to prove my case in my favor? I have never been arrested before and I'm scared. I'm facing 10 felo...

    David’s Answer

    Public defenders often have more experience at trying and winning cases than most private lawyers with less case loads. You're in good hands in the PD's office.

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  • How to restrict medical records for the car accident claim process?

    My back was injured in the rear end car collision. I did not have any pre-existing condition or pre symptomatic. Nor did I visit any orthopedist or chiropractor before but I still want to restrict my medical records length of time and conditions. ...

    David’s Answer

    Get a personal injury attorney that specializes in litigation. You have waived your privilege of medical privacy by putting your medical condition in issue. I have successfully litigated objections to requests for production of documents to keep out lengthy or even non-existent medical histories of clients whom were injured in an accident but do not want the prying eyes of some insurance defense attorney looking into their medical past over a car accident.

    Attorneys that know litigation know how to accomplish what you're trying to do.

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  • Can I take him to court?

    I gave my boyfriend at the time my car to drive while i was in it. He got into an accident and when the cops came I took the blame because he did not have license. Him and his dad promised to reimburse me the full price for my car. I also paid the...

    David’s Answer

    Yes you can, however it will not be easy.

    Georgia law does not allow a police report to be entered into evidence; however, it does allow a statement of yours to be used against you. So, you telling the cop that you we're driving will work against you.

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  • Protecting assets.

    My husband, who has seizures and thus no driver's license, continues to drive anyway. My understanding is that if he is involved in an accident in GA, regardless of who caused it, he is at fault because he should not have been there. If I have our...

    David’s Answer

    As the only attorney to comment who's actually a licensed Georgia attorney, I can tell you that an independent tort of negligent entrustment" can be levied against you if your husband drives a vehicle that is registered to you and/or owned by you when you know that he has seizures. His license status has nothing to do with it -- you have actual knowledge of a circumstance where his ability to operate a vehicle does not meet the standard of care necessary to do so.

    Make sure he isn't an excluded driver on your insurance policy, and make sure you do everything you can reasonably do to keep him from driving a car.

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  • Auto-Accident with an uninsured motorist

    I was rear-ended by an uninsured driver. My insurance company couldn't guide me to anything useful. The damages are about 3-5k worth and it occurred in February 19, 2015. I leave for the Army July 7th and I have little time to do anything. Should ...

    David’s Answer

    You may be able to make an uninsured motorist claim, depending on how your state's opt out provisions work.

    Talk to a lawyer. Maybe you can get money from your insurance.

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