by Guest » Fri Feb 13, 2009 09:17 am
I had a car accident almost 2 years ago. I was 8 months pregnant and had my 3 children with me. We were hit head on by a 20 year old girl making a left hand turn illegally. She was fined on the site and almost got arrested for arguing with the police, about not noing what the right away was. She only had liabily. Unfortunatly i had just lowered my vehicle to liability a few days before. I was'nt planning on driving with vehicle for awhile do to going on maturnity leave. anyway, I went into labor at the seen. I was hospitalized for 3 days for monituring and medication to stop the labor pains, ultrasounds, and blood work etc. They couldn't do anything for my back or knee. I was sent home to be on bed rest. Also, my blood pressure at that point went out of control. I had to deliver early because my blood pressure put me and the baby at risk of loosing our lives. any long story short, i had to have an emergencey c-section. Baby Amanda is doing well know, she had a small hole in he heart which has closed. I have had severve back problems and migraine headaches, shoulder, arm, wrist, hip, and knee. I have been to 2 doctors , a chiroprator, physical therapy, medications... I have 7 discs that have different problems from pinched nerves to bulging disks to degeneration. My daughter in know turning 16 she has had severe headaches with swelling in upper back She has been on muscle relaxers for months and has seen the chiropracter and had massage therapy multiple times. My 18 year old had minor back pain. My now 14 year old didn't have anything wrong with him. The girl has liability 15,000. per individual or $30,000. max for all involved. They offered me the 15,000.00 which I payed more in medical bills than that. They offered my 16 year old daughter with the back issues 2,500. the 18 year old 1,000. and the 14 year old 500.00 My daughters bill are 3,500.00 alone. they offered her the 2,500. and are the babys monitoring bills seperate from what they offer me for my injuries.
I have been told the girl that hit us is now 22 years old and she will file bankrupsy if I sue her. What do I do?
I have been told the girl that hit us is now 22 years old and she will file bankrupsy if I sue her. What do I do?
Posted: Fri Feb 13, 2009 12:40 pm Post Subject:
I have been told the girl that hit us is now 22 years old and she will file bankruptsy if I sue her.
My friend, to tell you anything about it I'd need more information-
Perhaps you can share with us the state you're from. You could also give us a hint as to what made you believe that this girl would file for bankruptcy in case you sue her.
Posted: Fri Feb 13, 2009 03:08 pm Post Subject:
Hi guest, I am sorry to hear of your difficulties. If she only had limits of $15,000 then that will be all you can get from her insurance company. You can go and sue her personally but I do not believe the insurance will pay any of that $15,000 until after it has been to court. You also have to look at the fact that her being 22 she probaly does not have much to sue for and at best you would just get a judgement verdict. This is also where your state comes into play. There are some states that do not allow for garnishment of wages, income tax returns and such except for taxes and child support. I am just trying to show you this may be a long battle for you.
I believe I know how you feel since I am kind of going through the same thing. Its sad people can carry such low amounts and do damage to another that can not be recovered. It opens your eyes to how much you yourself have in coverage. Alway be sure to be properly insured with under insured driver and make sure you have enough to cover the other person if you god forbid hurt someone seriously. Take care
Posted: Fri Feb 13, 2009 05:15 pm Post Subject:
I have been told the girl that hit us is now 22 years old and she will file bankrupsy if I sue her. What do I do?
In answer to this question, i won't divert you with one example but i think
this example could be helpful so i need to narrate it.
It is not related to car accident but it is related to 'liability at the younger
age'So it will surely help us resolve this issue. whole incident goes like this.
Mr. Robert gives (transfer to his bank account) money to Mr. James for
investment in the stocks (As he thinks, mr.James is expert in this field)
Now Mr. James looses some (more than half) money in stocks.
Mr. Robert comes & is asking full money refund, Mr james is only 26 yrs
old does not have any money with his bank as well as no assets.
So how he can repay to Mr. Robert. Going for court battle is not advisable
becoz the process will take long time.The purpose of whole big discussion
is one conclusion for both the examples
Do not ask for one stroke payment settle down somewhere with monthly payment system which could be affordable for the debtor & till that point, keep your case pending with court. :!: :!:
Posted: Fri Feb 13, 2009 11:12 pm Post Subject:
First, you mentioned that your daughter has been o muscle relaxers for "months". Has she sought on going medical treatment? I question 1) why she _started_ taking muscle relaxers at least a year after the accident and why her back is still store 2 years after the accident. I certainly don't know all the details but it seems like some of these injures might be hard to relate to the accident. Perhaps this is why those offers are so low.
You ask what you can do... well, I'd say the best you can do is getting another $10k from the insurance company. You could pursue the other person in court and you might be able to obtain a judgment but then its up to your state laws as to what you could get from the person. Given what you've mentioned, I doubt you could get much or anything from her.
You have a few choices... you can see about settling the claim with the carrier yourself or you can obtain the service of an attorney. The problem with the attorney is that he/she is going to take 33% of your settlement. So if the carrier were to offer the total policy limits of $15,000, the attorney might want $5000 of it, leaving you $10,000. Right now you are at $4000 so an attorney might be able to get you $6000 more. Also, perhaps you could find an attorney that would only take 33% of the money he/she is able to add onto the current $5000 offer. I don't know... as really they would still be pursuing the entire $15,000 left on the policy.
Amit: All I can say is.. WHAT? Are you even reading the posts or just replying to get your advertisements into posts?
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