Motorcycle wreck w/injuries, civil suit, HELP

[Beth02864]

What is the name of your state (only U.S. law)? Rhode Island

I was the passenger in a motorcycle wreck, had serious injuries and driver had no insurance. All options have been exhausted, and I filed a civil complaint in Superior Court. Had defendants served, and 20 days have come and gone and they did not answer complaint.

I asked for a trial by jury, and now need to default them, get assessement of damages, and a judgement entered so I can proceed with collecting.

Can anyone help me with the procedural specifics and what I need to do next? Thank you!!

 

[ecmst12]

You need to get a lawyer - one that you pay by the hour since contingency isn't going to happen (low chance of collecting). You may be able to hire one to help you with the paperwork but not appear in court for you, that will be cheaper. But I would suggest either way that you get to the law library and start researching if you want to do this without actual representation.

Why on earth would you ride with someone without making sure they had insurance?????????

 

[Beth02864]

How do you verify they have insurance? They buy insurance, get a valid insurance card and then cancel the policy days later or it lapses for nonpayment. Do you call and verify people have insurance before you get in the car and ride with them? I understand your question, but take hindsight out of the equation. Laying in the hospital with a shattered pelvis, punctured lung, dislocated ankle, sciatic nerve damage and road rash was enough to illustrate that I made a mistake - though thanks for bringing to my attention.

 

[ecmst12]

Did you at least ASK?

There is a very, very small chance you will be able to recover any meaningful amount of money from this jerk. It's not fair, I agree, but I'm giving you the realistic advice. What good is a judgement for $100k against a guy with no money or assets? Even if he gets a job later and you can garnish his wages, you could garnish him for 20 years and not get a quarter of what he owes.

 

[Beth02864]

RI law requires everyone to have insurance. And he had an insurance card, but the policy had lapsed. With all due respect, I did not post this thread to converse with someone who could not give me legal advice.

I'm looking for an attorney in RI who can help me with forms, and procedural/legal civil process.

He has a generous income, some assets and there is a gainfully co-defendant as well. Giving him a pass on this isn't an option for me.

Thank you.

 

[ecmst12]

To my knowledge, there are no RI attorneys that post on this board. You need a real live in person attorney that you pay if you want any hope of getting anything out of this. That is your legal advice.