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Should I hire an attorney? What is going to happen?

Muncie, IN |

My son is 18 with a learners permit. He was hit in the rear end in my van that had no insurance. It wasn't his fault the other driver openly admitted it at the scene to the police. He was issued a citation for no insurance. Then let us drive my van away from the scene. The BMV suspended his license for 90 days already. His court hearing is coming up. We don't know what is going to happen or if we should hire an attorney. The rear end of my van is badly messed up and didn't know if I could get it fixed by their insurance or not since it was her fault. I as the mother am disabled an don't know what to do. Thank You for your time.

Attorney Answers 5


  1. The fact that your vehicle was not insured has nothing to do with liability. The driver that rear-ended you IS responsible to repair your vehicle AND compensate you and your son for any personal injury. In most jurisdictions, the no insurance ticket will be withdrawn where you were NOT at fault AND you do show proof that you now have insurance. Call the local prosecutor's office (765) 747-7801 and confirm that the ticket will be dismissed. If not, hire a traffic attorney for your son. It is your fault that he is in trouble because you failed to maintain insurance on your vehicle.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com


  2. You would be foolish not to hire an attorney under the circumstances.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Have a personal injury lawyer handle his injuries, and have a local traffic court lawyer fight the citation


  4. I would agree with the attorney that indicated you should hire an attorney to handle your son's personal injuries as well as an attorney to handle the traffic citation. I would be more than happy to discuss your personal injury matter with you. My telephone number is 317-608-5795.