My 19 yr old was in an auto accident in May 2016. A boy, aged 10, ran out into the highway in front of her. The officer responding stated the accident was not her fault and she received no tickets. I called my insurance company and they said there...
I agree with all of my colleagues, in theory. The reality of the situation is that no attorney wants to spend the money or the time to secure a judgment against you or your daughter, personally. In a case of catastrophic injury, you would simply file bankruptcy and discharge the debt. The most likely scenario here is that your insurance company will tender the policy limits. The attorney for the injured minor cannot accept the policy limits without executing a general release in favor of you, your daughter, and the insurance company.
As my colleagues have pointed out, your insurance policy has a duty to defend clause. That means that they must pay for your attorney. The insurance company is correctly advising you of a potential conflict of interest but that conflict of interest could never obtain on the facts that you provide. The sooner that your insurance company tenders the policy limits, the sooner it will all be over and done.See question
My license are suspended, my husband AND i were fighting and while I was shopping with my daughter he moved my car. When I found it I was going to drive it 1 rd over to where I was staying and when I went to pull into shoulder of rd he came at me...
It WAS legal to arrest you. It was illegal for you to drive and you knew it.
You admitted to driving to the shopping center and you admitted to driving to where you were "staying" and you admitted to driving to your sister. These were ALL your choices. But for your decision to drive, in the first place, you would NOT have been arrested AND your car would NOT be wrecked.
Hire a traffic attorney in the hope that you may avoid HTV status and lose your driving privileges, indefinitely.See question
In order to file this accident report I apparently am required by law to purchase a copy of this report from a government agency (local police dept.) and forward it to another state government agency. I was not in my parked vehicle at the time i...
Are you really seeking legal counsel over an issue involving potential payment of $5.00????????????????????????????????????????????????See question
My husband is an independent contract worker who makes about $70000 a year but has high travel expenses for work. I am unemployed and because of poor and expensive options, I don't have insurance and I just had emergency services, including surg...
I Agree with my colleagues but would make the additional observations though I recognize they are not helpful to your present dilemma.
If your husband has very high travel expenses and functions as an independent contractor, he could have deducted those and other expenses from his income and very probably secured affordable insurance through the Affordable Care Act, for BOTH of you.
Do recognize that you are subject to additional penalty for each year that you did not file a return and each year you did not have health insurance, at least since 2013 when the Affordable Care Act became effective.
If you were unemployed, you were eligible for Medicaid, at no cost to you.See question
I am from Indianapolis but went on a roadtrip to visit my family in California. On my way back they stopped me in Illinois because I didn't have my lights on at 10am and they began to take my belongings out the car and checking it. They thought I ...
What was the reason for the stop? There is no statute that requires anyone to drive with headlamps at 10 o'clock in the morning. There is a requirement that you turn your lights on if there is fog, snow, or some other condition which would make it difficult for other drivers to see you unless you had your lights on.
If such was the case, the officer was well within his rights to make the stop. Once you were stopped, if you or any of your passengers made "furtive movements," the officer would also have been within his rights to make a limited search of the car. Furtive movements are movements by the driver or passengers which could be interpreted as hiding contraband and which are not otherwise easily explained. Obviously, an officer must use his judgment when performing such a search and he is not likely to be second-guessed by a reviewing Court.
If you are saying that the officer took your telephone and refused to return your telephone, there is something wrong.
When you're questioning the actions of law enforcement personnel, it is inappropriate to make the inquiry as to whether something is "fair." Rather, the appropriate inquiry is whether the action were legal. Everything that you described the officer to have done was clearly legal, on the facts which you provided.
You do not state precise subject of your argument with the officer. That said, "arguing" the law enforcement officer while he or she is engaged in duties related to his or her official capacity as a law enforcement officer is absolutely the worst thing that you can do. There are no exceptions.
If you are stating that the officer confiscated your telephone, he should minimally have provided you with a receipt for the telephone. If he didn't, you should have made a report with the appropriate Police Department.See question
My boyfriend is being held in one county on a bench warrant from another county..he has no charges in the first county...how long can county "a" hold him before he has to be transferred to county "b"? Can he get bond while still in county "a"? Is ...
1.) There is no such thing as bond on a bench warrant.
2.) There is no absolute time limit. The county where he is held is obligated to hold him until the county which issued the warrant extends permission to release him.
If the warrant is for a relatively minor crime or a nonviolent crime and the 2 counties are distant from one another (think Allen County and Posey County), the issuing County may well advise the arresting County that it has no intention of spending the money to pick up the prisoner. That said, from the moment he is released, he is subject to rearrest because the warrant from the issuing County will remain active.
All of this is to say that the only prudent course of action is to hire competent and experienced defense counsel in the county which issued the warrant. Good luck.See question
My son was driving my car the day after Christmas and rear ended a vehicle. The man called the cops. The police took no pictures because there was no damage. The cop wrote in the report there was no damage. My car had a small dent in the front, bu...
If you think that insurance companies are are quick to pay anything but nuisance value on marginal claims, you must never have made a claim. Your son DID have an at-fault accident which HAS been memorialized on a police report. The damage (as far as potential impact on your premium) is done. Not repairing your car is foolish, provided you had collision coverage.
If the impact was sufficient to dent your bumper, the other driver may well have experienced whip-lash which may not have been symptomatic until the next day. People typically take a "wait and see" approach rather that run to the doctor with this kind of injury.
Your facts recite NOTHING that raises the slightest suspicion about fraud. As mu colleague explained. At any amount below your policy limits, you have NOTHING to say about what is paid, though you DO have a duty to assist your insurance company, should they ask. If an insurance company took the time to explain the analysis of every claim to every claimholder, BEFORE it paid the claim, your insurance costs would skyrocket (because the insurance company would need to double or triple its staff) and claimants would never be paid. It is silly to suggest. Think about it.See question
IF LAWYER DOESNT FOLLOW THROUGH AFTER WRECK, SETTLES OUT ON CAR ,THEN SURGEON INJURES YOU MEDICALLY FDA RECALL PRODUCT WHAT TO DO? HAD SYMPTOMS VERTIBRAE INJURY TOLD SURGEON IS DOCUMENTED REHAB FACILITY. DOCTOR IGNORED MY SYMPTOM AND I CONTINUE S...
NOTHING should have been settled without your permission AND signature. "The lawyer" didn't "settle out on the car," YOU did. If the settlement was entered into WITHOUT your informed consent or AGAINST your instruction, you may have an action against your attorney but IF AND ONLY IF he settled for less than the auto policy limits of the at fault driver OR YOUR policy, whichever had the higher limits.See question
I got into an accident a month ago, the police were called and a report was filed. I did not have insurance at the time of the accident, I was talking to the lady and told her to get an estimate for the damages and that I would pay for them. fast ...
MANY times, injuries do not become symptomatic for a few days. This is common. The attorney will process an Uninsured motorist claim against the lady's insurance. THEY will pay and them they will sue you and advise the Secretary of State. Unless you are able to make payments on a schedule that is agreeable to the lady's insurance, your license will never be eligible for reinstatement unless the debt is paid or discharged in bankruptcy.
The decision not to purchase insurance could well be the most expensive you have ever made.
You should consult counsel, but unless you have a legal defense as to fault or contributory negligence, hiring counsel may be throwing good money after bad. Still, consult counsel to analyze your situation.See question
I hired my attorney from the ICU after an accident. He was recommended by another attorney that I knew but no longer trust. I honestly don't like this man, he never replies to email messages, never lets me get a word in and I have had the same i...
1, 3, or 300 attorneys has absolutely NOTHING to do with the outcome of your claim. Truck injuries are different. They are almost always defended by outside counsel who are well-experienced both in general and in these types of claims. My colleagues are correct that YOU ALWAYS have the last word on who represents you.
The biggest considerations are as follows:
1.) Bedside manner aside, does your attorney have the requisite skill and experience to handle the claim. Unlike auto claims, you CANNOT "settle" any but the most minor truck accidents so an experienced attorney is going to file suit, as soon as he is hired. If this were done, party depositions would have gone forward within 6 months unless there was wrangling over Removal to Federal Court.
2.) The value of your case. If your case has limited value OR your present attorney has secured an offer, you may be hard-pressed to find another competent attorney to represent you. Remember, you are saying "Please do all the work for a discounted fee." IF your injuries are catastrophic (think paralysis, brain damage, etc.) AND your attorney does not have the experience or resources to prepare the case for trial, you should definitely make a change. If these factors are relevent, you need to ask your attorney if he has retained an accident reconstruction expert, a biomechanics expert, an expert to prepare a life care plan, an economist to prepare a report concerning lost income, (if there is an issue as to whether you could be seen) a conspicuity expert. There are more, depending on circumstance and it will cost your attorney $5,000 - $10,000, EACH to retain these experts.
Bad auto-truck accidents would require that all black box info from BOTH the truck and the car be provided to the Parties and their respective experts BEFORE even the Parties'depositions. Again, you MUST discuss all this and more with your attorney BEFORE you can make a decision as to stay or change.
You do not know enough to make an informed decision. Do NOT pester your attorney with curiosity questions but DO make an appointment to sit down and have your attorney explain exactly what is going on, what your case is worth, and how he intents to proceed. Attorneys have an ethical duty to keep you reasonably informed. MOST questions that you have can and shoud be answered by staff (e.g. when are deps scheduled, did they answer discovery, is defendant seeking to remove the case to federal court, etc.) To be clear, the facts can and should be conveyed by staff but the explanations as to WHY or HOW MUST be made by an attorney at the firm.See question