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Lawyer for my case it was droppep the kid that hit me has no money ,this happened in 2010 im on my 18th sergury how do i file

Hesperia, CA |

i was on motorcycle kid turned left in front of me just wanted to know where to go to file something im on my 18th sergury this month just cant let him get off with ruining my life lossing my motorcycle just because right now he doesnt have anything i lost the use of my leg still to this day i cannot walk

Attorney Answers 6

Posted

This is a terrible situation if the at fault party has no insurance and no real way to pay damages to you for medical expenses, lost income and pain and suffering. I'm assuming that you did not have uninsured motorist coverage.

It's a sad fact of life that if there is no money to be recovered on your behalf, there is not much an attorney can do to help you. I would recommend a consultation with a second personal injury lawyer to make sure that your first lawyer didn't miss a source of recovery. I would do at soon as possible so that your rights are not lost or affected by the passage of time.

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Posted

If you were injured by an uninsured motorist then you might get compensation from your own insurance if you carry uninsured motorist coverage. If criminal charges were filed against the other driver you also might seek compensation through the Victims Compensation Board. Another avenue for recovery might be a possible dangerous intersection claim against the controlling government entity.

If there are no available options for financial recovery you can sue the other driver and get a judgment against him. However, it's possible that if the person has no assets that they may file bankruptcy and wipe out the judgment.

For attorneys who handle cases on a contingency basis it is difficult to continue handling a case if there is unlikely to be a financial recovery to compensate the attorney for his/her legal fees and costs expended on the case.

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1 comment

Anthony Elias Kalikas

Anthony Elias Kalikas

Posted

I agree with Mr. Roberts' answer. Its worth having a second set of eyes take a look at your case. For instance, if the other driver was in the "course and scope" of employment, the employer may have an insurance policy to cover your damages. Also, you may want to take a closer look at the vehicle ownership to see if there are any other individuals that potentially have some liability (i.e. negligent entrustment, permissive use, etc.)

Posted

I'm sorry to hear your in this situation. Unfortunately, getting a judgment in your favor is only part of the process. Once you get the judgment, then you have to determine how to collect. Having the judge order him to pay you, is only an order. If he doesn't have any assets or insurance to attach the judgment to, your going to be unlikely to be able to get any compensation. And you would just be throwing good money (your own) after bad (his, or lack thereof).

Have you contacted your insurance company?

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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Posted

I am sorry to hear about your accident and your very serious injuries. I agree with the lawyers who said that you are unlikely to find and attorney who is willing to take your case on a contingency fee basis if there is little or no chance of obtaining compensation. You can make a claim on your uninsured motorist coverage, if you had it at the time of your accident.

It sounds as though you want to obtain a judgment against the kid who hit you, in case he has assets in the future. If the kid does not have insurance, if you sued him, he may not show up in court to defend himself and you could get a default judgment. However, I agree that he could bankrupt out of the judgment. If you cannot find an attorney to represent you, but you still want to proceed, you should at least consult with an attorney who is experienced in handling personal injury matters who can guide you through the proceedural hurdles. Even if you have to pay the attorney for their help, it will save you the frustration of trying to figure it out on your own.

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Posted

It sounds like your case was dropped due to no insurance on the part of the driver that hit you, correct? If this is correct, you can still sue but, it can be very difficult to collect a judgment against someone with no significant assets. For example, unless the driver was DUI at the time of the incident, he or she may be able to completely discharge the claim in bankruptcy. However, you need to get an attorney who is willing to fully determine any and all available sources of insurance (including your own uninsured motorist coverage) and to make a full and complete asset search of the person that hit you before you can determine what to do. You should consult with another southern california personal injury attorney for this purpose as soon as possible as the "Statute of Limitations" (deadline for filing a lawsuit) is usually two years from the date of the accident and if you wait longer than that, you may lose all rights to recovery.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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Posted

First of all, if there is any uninsured motorist coverage on your motorcycle, other vehicles you own, or vehicles owned by resident relatives, that can be an avenue of recovery. If you have not already explored this with your prior lawyer it is important to do so immediately. There are strict time limitations involved. If not, you can file a lawsuit against this person on your own, but you may run into a problem collecting on a judgment. Good Luck.

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