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defendant has no money and limited liability

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stacey6199

Guest
Hello. I was involved in a car accident last year leaving me with temporary amnesia, a fractured and now displaced acetablulum and wrist, 6 months in a wheel chair, unemployed and emotionally distressed in my life and marriage. THe defendant (20yrs old) and her father (owner of auto) have no actual assets to sue for aside from 2 cars, student loans and a home. I am being asked to settle for fear that a judgement will grant me more money than that of no fault and their liability and lead them into bankruptcy at which point I will have to spend thousands for doctor's testimony and still be cheated. Is this really my only ally? THe doctors assure that in 10 years (if I am lucky) I will need a total hip replacement which will be complicated by my mitral and aortic heart implants (not resulting from the accident). My insurance carrier now deams me fit to return to work while my doctors disagree (as do I) suffering from neck, back and hip pain as well as carpel tunnel syndrome (as a result) and while on muscle relaxers and spasm inhibitors. I am no longer receiving loss wages and am awaiting a reconsideration from my insurance.

Any suggestions?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by stacey6199:
Hello. I was involved in a car accident last year leaving me with temporary amnesia, a fractured and now displaced acetablulum and wrist, 6 months in a wheel chair, unemployed and emotionally distressed in my life and marriage. THe defendant (20yrs old) and her father (owner of auto) have no actual assets to sue for aside from 2 cars, student loans and a home. I am being asked to settle for fear that a judgement will grant me more money than that of no fault and their liability and lead them into bankruptcy at which point I will have to spend thousands for doctor's testimony and still be cheated. Is this really my only ally? THe doctors assure that in 10 years (if I am lucky) I will need a total hip replacement which will be complicated by my mitral and aortic heart implants (not resulting from the accident). My insurance carrier now deams me fit to return to work while my doctors disagree (as do I) suffering from neck, back and hip pain as well as carpel tunnel syndrome (as a result) and while on muscle relaxers and spasm inhibitors. I am no longer receiving loss wages and am awaiting a reconsideration from my insurance.

Any suggestions?
<HR></BLOCKQUOTE>


My response:

You really have no choices if your damages are completely accurate. It is a sorry day when an attorney must sue a defendant and place a house in danger, which is something that is always avoided if at all possible. But, you have little, if no, choice.

The defendant, however, will undoubtedly file for bankruptcy protection, leaving only the small policy of insurance for you anyway.

You can settle with the defendant's insurance company, and if you have proper "underinsured motorist" coverage on your auto policy, that's where you should be making your claim. Make sure that you seek a consultation with an attorney about this particular point. There are certain rules and laws for underinsured motorist claims that must be fully explained to you.

IAAL


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loudrich

Guest
Stacy...i would first find out how much equity in in their home..it could BE A LOT!, and most bankrupcty laws you can only shield a very small amount of equity, if its more then that you could sue for the excess...

worth a shot!

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<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by stacey6199:
Hello. I was involved in a car accident last year leaving me with temporary amnesia, a fractured and now displaced acetablulum and wrist, 6 months in a wheel chair, unemployed and emotionally distressed in my life and marriage. THe defendant (20yrs old) and her father (owner of auto) have no actual assets to sue for aside from 2 cars, student loans and a home. I am being asked to settle for fear that a judgement will grant me more money than that of no fault and their liability and lead them into bankruptcy at which point I will have to spend thousands for doctor's testimony and still be cheated. Is this really my only ally? THe doctors assure that in 10 years (if I am lucky) I will need a total hip replacement which will be complicated by my mitral and aortic heart implants (not resulting from the accident). My insurance carrier now deams me fit to return to work while my doctors disagree (as do I) suffering from neck, back and hip pain as well as carpel tunnel syndrome (as a result) and while on muscle relaxers and spasm inhibitors. I am no longer receiving loss wages and am awaiting a reconsideration from my insurance.

Any suggestions?
<HR></BLOCKQUOTE>

 

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