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Jon Ethan Lewis's Answers
Contributor Level 14
- 294 Legal Answers
- 35 Legal Guides
6
Attorney answers:
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My son was killed in a MVA July 9, 2011. He was a passenger, the driver was a 17 yr old male, driving with out Insurance.
I'm sorry to hear about your son. You have two years from the date of the wreck to file a lawsuit if one is warranted. In Alabama, we have the "Guest Passenger" Statute which essentially says you cannot recover civilly from the driver unless he was "wanton" (Essentially grossly negligent) or if he wasn't a guest - paid for gas, etc. You may also have a claim against anyone who might have negligently entrusted the vehicle to the driver. From a criminal standpoint, it is up to the...
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6
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Do i need a lawyer for my accident
The problem with what the officer said or put on the report is that none of that is admissible in court because the officer was not at the scene and did not witness the wreck; therefore, the wreck report and what the officer determined is essentially hearsay - unless he can be qualified as an expert. Additionally, officers are not always aware of how the civil laws work. In Alabama, we have contributory negligence. We are one of three states in the country. If the other driver was 99% at...
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3
Attorney answers:
I signed a Waiver for UIM in 2007. I added a brand new vehicle in Dec 2011. No new waiver signed.
Mark has provided some good information. The only additional advice I could add is whether or not you had any other vehicles in your household under different insurance policies which might have uninsured motorist coverages available to you. You can access other household relatives' coverages, i.e.: if your spouse had a separate vehicle with UM coverage, you are entitled to obtain that coverage. I encourage you to seek the advice of an attorney in this situation. Also, in the future, you...
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4
Attorney answers:
Could a 2.5 year old accident sue now?
Typically, you have two years from the date of the wreck to file a lawsuit. One question that comes to mind is: was the injured party a minor? If so, the injured party would have two years from the date of her nineteenth birthday to file suit. Usually, a settlement with a minor is approved by a judge at a "pro ami" hearing which would prevent such a situation. Without knowing more facts, it is very difficult to give you a simple answer. As suggested above, IMMEDIATELY forward this to the...
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2
Attorney answers:
If a car salesman gives a quote for the value of my trade-in over the phone is it binding on the dealership?
No, see the statute below: Section 7-2-201 Formal requirements; statute of frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it...
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Can i sue the insurance company for not taking fault when it was clearly not my fault
It is not clear to me what happened in the wreck; however, you can sue the driver who caused the wreck, and their insurance company will defend them and pay any award. If they don't have coverage, you can sue your own insurance company for damages under the uninsured motorist provision if you have that coverage. If this does not answer your question, feel free to post another, and I will attempt to give you a better answer.
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6
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Can i sue someone that ran me off the road
You have been provided great advice. I have a few questions however. Were you seriously injured in the wreck? If not, you would probably be better advised to file with your own insurance carrier for the damage to your car - if you had insurance and coverage for property damage. Attempting to locate the other woman might not be worth the time and effort. Additionally, how do you know she was on the phone? Clearly, Distracted Driving is a National epidemic which is causing tremendous...
3 lawyers agreed with this answer
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Attorney answers:
Car Accident, Not my fault, Suspended License, No insurance
If you can prove that it was the other person's fault and that you were not negligent in any manner, they should cover the damages. The failure to have a license is not indicative of negligence, and in fact, is inadmissible in court to prove you were negligent. I hope this helps.
3 lawyers agreed with this answer
2
Attorney answers:
I have an permanent impairment rating. This is a worker comp case.
Did your doctor issue a report with your impairment rating and the fact that you can return to work? If so, present that to your employer. If not, ask your doctor, or his nurse, for a report. You might also want to WRITE the workers compensation carrier to ask them what the holdup is. Ask them for a response, IN WRITING. Also, do you have an attorney? If so, your attorney should be handling these things for you. As far as a time frame, if you are going back to work making the same...
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Attorney answers:
Can your winnings be given to your creditors to satisfy a judgement if you win the lottery?
Your creditors may file a garnishment against your lottery winnings; however, that will be difficult without registering the judgment in the state where the lottery is located because I'm not sure they would have jurisdiction to garnish the out-of-state lottery.
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