Hit by immigrant in car accident.

[chrisjsan]

Around two years ago I was involved in an accident. I was rear ended by a driver who happened to be an immigrant from India. To make a long story short, after, hospital bills, loss of income (doctors not releasing me to go back to work) due to injuries and surgeries, and anything else related to the car accident my total bill was around $400,000. The drivers insurance covered $100,000 of the total debt. My representative advised me to take the money and not pursue a lawsuit for the full debt of $400,000. My representative was advised by the driver at fault representative that if a lawsuit is pursued that the immigrant will return to India and no monies will be paid. This situation brings up many concerns in my head for obvious reasons.
1) Is my lawyer telling me to settle so he can get his 33% and not risking getting nothing out of his efforts?
2) Are there any laws prohibiting immigrants from fleeing the country and getting out without paying anything?
3) If the driver at fault files bankruptcy will this protect their home?
4) What are my options?

The driver at fault is married to another immigrant from India and they have a kid who was born in the United States. Both immigrants are engineers who make $100,000 and $120,000. Since the accident they bought a house in Cupertino, California. I have been told that they purchased a home so any money they had was put into the home. This protecting their money from any type of lawsuit filed due to the accident.
Please help.
Thank you,

 

[seniorjudge]

1) Is my lawyer telling me to settle so he can get his 33% and not risking getting nothing out of his efforts?

A: Ask your lawyer. But, in my never to be humble opinion, 33% for a settlement without a trial seems excessive.

2) Are there any laws prohibiting immigrants from fleeing the country and getting out without paying anything?

A: None that I know of. But stand by for an immigration expert.


3) If the driver at fault files bankruptcy will this protect their home?

A: Stand by for a bankruptcy expert.


4) What are my options?

A: If it were me, I'd sue them. What you want to do is completely up to you.

 

[chrisjsan]

thank you for the help

anything helps.
much appreciated

 

[evcalyptos]

I don't see where 'immigrant' factors into it at all other than your concern that they could leave the US and not have the debt follow them. That is true.

Very sorry about your injury; I'm dealing with the fall out from being rear ended myself right now. It sucks!

 

[chrisjsan]

immigrant factors in because

If he leaves country and goes back to India he will not be responsible to pay. This is the threat he made because of my possible lawsuit.

 

[Zigner]

That may be a risk you have to take.

 

[evcalyptos]

If he leaves country and goes back to India he will not be responsible to pay. This is the threat he made because of my possible lawsuit.

He is still responsible, but un-reachable (if he leaves).

If you were going to sue me, I might leave the country. I'm not an immigrant (ie, anyone could do this).