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Allen M., Esq.
Allen M., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 15472
Experience:  Lawyer with personal injury practice experience.
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I was hit by a drunk driver who apparently does not have insurance.

Resolved Question:

I was hit by a drunk driver who apparently does not have insurance. She has been arrested before fora similar infraction. Another car was also involved. We are just in the primilary stages. what type of lawyer might I need?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Allen M., Esq. replied 10 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various disciplines.

Are your damages just property related or do you have significant medical damages too?
Customer: replied 10 months ago.

Medical is starting. I have a fractured rib. Didn't need hospitalization. Just happened Tuesday 09-03 at 1030pm on Hwy 101 northbound just south of Petaluma. Another car was involved to what extent I don't know. She apparently does not have insurance. But she lives in a 1.5 million dollar house in Alamo. She's 23. Has been arrested before in 08' for hit and run and driving intoxicated and under the influence of controlled substances.

Expert:  Allen M., Esq. replied 10 months ago.
Ok. My initial concern was her being a dry well, in terms of finances. We call them "judgment proof" but that may not be the case here.

You actually classified your question into personal injury, which is the exact type of attorney that you'd need.

Your uninsured motorist coverage on your own insurance will pay for things now, but to protect your insurance rates and to get some additional compensation, you'd have to sue her directly. Your insurance company will try to get some of that back from you, in the form of subrogation.

We can't advertise for specific attorneys, so I can tell you how I find local attorneys when I need assistance in other jurisdictions.

I contact the State Bar Association and ask them for referrals in the field of expertise I need (for you, personal injury...they can also handle the property damage). I then take those names and run them through www.martindale.com to see their peer review ratings.
Customer: replied 10 months ago.

How long should I wait. And how do I find out if she is judgement proof. Her house belongs to a trust.

Expert:  Allen M., Esq. replied 10 months ago.
Well, an attorney would be the best at determining if she is judgment proof. Personal injury attorneys don't work for free, though they do work on contingency (meaning they take a portion of the settlement).

Because their pay is tied to actually receiving the settlement, nearly all personal injury attorneys have paralegals that know how to determine a person's basic net worth and liquidity.

Personal injury has one of the short statutes of limitation, so I wouldn't wait long. You'll want things being documented now and an attorney can help you properly do that.
Allen M., Esq., Attorney
Satisfied Customers: 15472
Experience: Lawyer with personal injury practice experience.
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