Precisely because of the issues you raise, and those you are not aware of, is why you should absolutely consult with local and qualified counsel. Get well soon.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
You need to consult an attorney to investigate coverage and advise you of what he/she finds. An asset check of the DUI driver wouldn't hurt either.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
To answer your question, yes--you should hire an attorney. Other than dealing with your insurance company (assuming that your policy includes uninsured motorist benefits), your attorney can go after/sue the other driver. However, it would not be a bad idea for the attorney to do some sort of an asset search first to see if it is even worth it to pursue this individual for compensation for the injuries that you have suffered. Best of luck to you.
NINE OUT OF TEN THE OTHER DRIVER IS PENNILESS.. YES. YOU SHOULD SUE HIM ANYWAY JUST TO GET TO THE UNINSURED COVERAGE PROVISIONS OF YOUR OWN POLICY. I AGREE WITH ALL MY COLLEAGUES, IT DOES NOT HURT TO DO AN ASSET SEARCH. BEST OF LUCK.
This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
This is a "classic" situation in which your Uninsured Motorist coverage applies.
The accident you described happens more often than you might think. Possibly, as much as 1 in 5 accidents are with uninsured drivers. That is why I preach and beg people to prepare for this likelihood by purchasing enough UM coverage. (It is a relative bargain!)
As for "punishment," it will occur--- but, probably not to the extent deserved. This guy is looking at 1) jail time, 2) mandatory suspension of driver's license, and 3) restitution.
You have a job to do in this. Make certain the DA knows that you will actively cooperate in any prosecution. Further, inform the DA that you and your family sustained significant bodily injuries.
Finally, after your insurance company compensates you for your property damage and bodily injuries, it will "subrogate" against the uninsured driver for every penny it paid you. It is common for insurers to obtain a money judgment against drink drivers. So, this accident will have some monetary consequences to the the bad guy.
I hope this information helps some.
You should hire a personal injury attorney to determine if the driver has any assets worth pursuing and to review your own insurance policy for uninsured motorist coverage. All policies of insurance in California must have uninsured motorist coverage unless it is specifically waived in writing and by a particular method. If you do have this coverage, an attorney could assist you with presenting a claim or claims for damages to your own insurance carrier, which would include the cost of present and future medical treatement and pain and suffering.
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.
You should consult an attorney. The issues of your case present several complications and a qualified attorney can walk you through the process that is required to make sure that you're compensated for your injuries in the quickest way possible.
All responses are provided for informational purposes only and should not be construed as legal advice or considered as the basis for an attorney-client relationship. Laura Mismas is only authorized to practice law in the State of California. Readers should not act upon information provided by Laura Mismas and should consult with an attorney regarding all matters herein. An attorney-client relationship with Laura Mismas is only initiated by entering into a written retainer agreement.
Lawyer definitely needed. Hopefully you had the foresight to purchase uninsured motorist coverage on your automobile policy.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
Do you have UM? If so, find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
There is not enough information to answer your question. You may have a type of coverage called uninsured motorist coverage on your own auto policy which would cover you, or the facts of the collision could allow for a claim against another party with insurance or assets. I recommend you call an attorney for a consultation. Most injury attorneys offer a free consulation. Doing this will allow the attorney to obtain more information and better guide you in the right direction.
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