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Ely
Ely, Counselor at Law
Category: Legal
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A bicyclist peddled out into traffic from behind shrubs and

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A bicyclist peddled out into traffic from behind shrubs and impacted the side of my vehicle. I was not cited or found to be negligent in any manner. However, the other party evidently sustained injury to her wrist as she hired an attorney to come after my minimum insurance coverage of $10,000. However, she is undergoing therapy and has now exceeded $30,000 in medical bills. I have no assets whatsoever, car has a lien on it and I rent an apartment and subsist mostly on Disability. From what I understand, her attorney will only settle for the $10,000 if I submit to his office a 10 page record of my personal finances. So far, peers have suggested I ignore the aforesaid forms (there is no specific date to respond). Your thoughts?
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me if the attorney has actually filed suit against you at the moment, or is simply threatening to do so?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.

No suit has been filed against me as he is evidently waiting to see if I have (and I don't) any assets he can come after. Right now he is on a "fishing expedition" to see if he should accept the $10,000 or come after me on a personal level.

Expert:  Ely replied 10 months ago.
Paul,

Thank you for your reply. Understand that the attorney likely took this case on a contingency basis, meaning that they are not paid unless their client is. Ergo, they want to see what expenses you have before they "settle" the matter. Which is somewhat of an advantage for them - they want to know how much to extort you for, essentially, going off how much you have.

Also, unless the attorney has actually FILED a case, then all this is at the moment is negotiation.

Honestly, he may not even have much of a case. You state: "I was not cited or found to be negligent in any manner." This police decision shall carry a long way in a civil case where the attorney would have to prove by a preponderance of the evidence that you were negligent. If the police did not think so, this is likely to be a smoking gun for your defense.

As such, someone in your situation may wish to not to respond to such a request, or, to write a (short) letter stating that one is NOT responsible for the accident, and the records already reflect this, and if the attorney continues to harass you with unwarranted demands for money and litigation as blackmail, you will file a bar complaint with the Attorney/Consumer Assistance Program (ACAP).

Likely, you will never hear from them again.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85212
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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