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Elizabeth Woody Lindquist

Elizabeth Lindquist’s Answers

3 total

  • Jan 2010 accident. Safeco took 100% responsibilty. Totaled car for under book value. Took them to small claims. Won. Safeco rep

    was present at the hearing. Check arrived stating AUTO PROPERTY DAMAGE. They made two offers, after the small claims suit was paid. Revoked offers Feb 2011. Attorney didn't know Landry VS Luscher case. Will turn over all my info if I can find some...

    Elizabeth’s Answer

    • Selected as best answer

    You are aware of the Landry case which prohibits splitting the cause of action. A plaintiff can bring only one lawsuit for all claims involving a specific incident/accident. If you were not represented by an attorney at the time you brought the small claims lawsuit, there is a slight chance you may be able to convince a judge to nullify the judgment in your favor if you return the money to Safeco. This would allow you to bring an action in Superior Court for both your injuries and the property damage to your vehicle. However, if you were represented by counsel at the time, which it appears you were, it would be very unusual for a judge to rule that you did not know, or should not have known of the legal consequences of the small claims lawsuit. Therefore, if you were represented by counsel, your best claim is for legal malpractice against the attorney who was representing you. Attorneys carry malpractice insurance specifically for this reason. Good luck to you.

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  • If i was involved in a hit and run that both parties left the scene and no police were involved at the time but....

    was later reported to an insurance agency by the other party and now they are coming after the driver for payment for damages trying to serve suopenas can the driver be issued a warrant or be charged for not going to court?? there was never a crim...

    Elizabeth’s Answer

    Your question brings up the difference between civil and criminal law. There doesn't have to have been a police investigation of the accident or a ticket issued for the driver to be responsible for the damages caused by the collision under civil law. It is unlikely a warrant will be issued for not going to court, instead the judge is likely to enter a default judgment against the driver, finding him liable (responsible) for the damages the insurance company says were caused. If you have auto insurance, your insurance company will hire an attorney to defend the case, so you should report a claim to your insurance immediately. If you fail to report the accident your insurance may deny coverage because it was not given a chance to timely defend the case. Whether you are responsible for paying for the other vehicle's damages depends upon who was at fault for the collision. If you believe you were at fault and do not have any auto insurance, you should contact the other driver's insurance and try to arrange a payment plan to avoid any judgment being entered against you.

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  • Restitution not settled?

    I was involved in an automobile accident in which my friend was killed. I was charged with involuntary manslaughter and to pay a restitution of approx. $30,000 to cover the expenses that his family incurred. They did not sue nor did they ask for a...

    Elizabeth’s Answer

    Restitution is ordered by the court to cover actual expenses incurred, such as medical bills and funeral expenses. You believe that your own auto insurance paid the $30,000.00 in court ordered restitution. I recommend you contact your insurance company to confirm this and under which part of your policy the monies were paid and obtain documentation. You should also contact the "financial litigation unit" and find out who they represent, are they recovering for the court ordered restitution, or for your insurance company? Your own insurance company would not attempt to recover from you and if they are, you need to explain that you are their insured. If the "financial litigation unit" is not attempting to recover the restitution, then there may be another insurance company you are not aware of. Your deceased friend may have been covered by his own (or his family's) auto insurance through uninsured/underinsured motorist coverage (UM/UIM). This may have paid out an additional sum of money if the maximum liability policy limits were paid out by your auto insurance. If that is the case then this UM/UIM policy is attempting to obtain reimbursement.

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