Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

Personal Injury Law

I was an a car accident a week ago it was the other drivers

Customer Question
I was an a car...
I was an a car accident a week ago it was the other drivers fault as a result i have a pelvic fracture my car is totaled and the other driver only has the minimum liability from what the doctor says im going to be missing like 4 weeks of work or maybe more I do not have the police report yet due to the fact that it is not ready. The police that was at the scene was suppose to go to the hospital and talk to me never did . The insurance is under the other drivers parents name. I did file the claim with my insurance. My husband thinks that we should sue for all the pain and suffering plus the fact that the liablity is only covering the medical bills.I need advice wether I should do this or not.
Submitted: 1 year ago.Category: Personal Injury Law
Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 2 minutes by:
11/28/2015
Personal Injury Lawyer: Patrick, Esq., Attorney replied 1 year ago
Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 13,087
Experience: Attorney with significant personal injury experience
Verified

Hello and thank you for entrusting me to assist you. I am very sorry to hear about your car accident, which sounds serious. Do you happen to know if you have any sort of uninsured or underinsured motorist coverage? Also, in what state are you located?

I very much look forward to helping you on this matter.

Ask Your Own Personal Injury Law Question
Customer reply replied 1 year ago
i do have uninsured or underinsured coverage. I am in the state of Arizona 15,000 each person 30.000 each accident.
Personal Injury Lawyer: Patrick, Esq., Attorney replied 1 year ago

Thank you.

Unfortunately, the way underinsured motorist coverage works in AZ, a 15/30 policy will not provide any additional coverage where the at fault driver has 15/30 liability coverage. This is because UM coverage only applies to the amount in excess of the at-fault driver's liability coverage up to the insured's UM policy limit. For example, if you had 50k in UM coverage and the at-fault driver had 15k in liability, you would have an additional 35k in UM coverage benefits available to you. But where the at fault driver has a 15/30 liability policy (the minimum required by law in AZ), a 15/30 UM policy would not provide any additional coverage.

So, it would seem that an individual in your circumstance is essentially limited to what you can recover from the at-fault driver's insurance or the at fault driver's personal assets. Here's the difficult situation you face: in order to go after the at-fault driver's assets, you need to file a lawsuit and obtain a judgment. That takes a lot of time and money, and the insurance company will not release the policy limit until you've obtained a judgment because that is their incentive to prevent you from suing. So, to have even a shot at collecting from the at-fault driver's insurance, you need to go to trial and incur those costs, wait a year or more for your day in court, and obtain a judgment. The insurance company will pay the policy limit at that point in time (assuming the judgment exceeds the policy limit) and you would then be tasked with pursuing the remainder of your judgment from the personal assets of the defendant.

The thing is, most individuals do not have the money to pay a large judgment. So, you will likely then need to engage a collections attorney to obtain a wage garnishment order, put liens on real property, and see if there are any liquid assets that can be seized. This again costs time and money. And at ANY point in this process, the at-fault driver can file bankruptcy to discharge the debt, leaving you with no further recourse except as a creditor in the BK proceeding.

All of this is to say that while pursuing a judgment and attempting to collect from the personal assets of the at fault driver is certainly an option, it is usually not a practical one. Generally, it is only advisable if the at-fault driver has substantial assets (i.e. they own a valuable home, business, are well known in the community, etc.), as in those cases they will likely be able to pay the excess judgment or at the very least are not a huge risk for bankruptcy.

I realize this puts you in a difficult position, but this is the legal reality of your situation and you may be forced to choose between the "less bad" of two options as there is a very real possibility that you'll have no way to ever receive full and complete compensation for your damages.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Ask Your Own Personal Injury Law Question
Personal Injury Lawyer: Patrick, Esq., Attorney replied 1 year ago

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

Ask Your Own Personal Injury Law Question
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 13,087
13,087 Satisfied Customers
Experience: Attorney with significant personal injury experience

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,138 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

718 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Tina

Tina

Attorney

390 satisfied customers

Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

264 satisfied customers

16 yrs. of legal experience.

< Previous | Next >

Related Personal Injury Law Questions
I was in a car accident; was hit by a driver who ran a red
I was in a car accident; was hit by a driver who ran a red light. NC is a fault state;he was cited. I lost my spleen and injured my knee(not severe) as a result of the collision. His insurance company… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My sister was in a car accident 2 weeks ago where she made a
My sister was in a car accident 2 weeks ago where she made a left turn in front of an oncoming car. The right side of her car was demolished and the car was totaled. Although her neck snapped to the r… read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
I was in a car accident while at work for delivering for a
I was in a car accident while at work for delivering for a chain restaurant.The crash totaled both cars. I am pretty sure I will be found at fault for the accident from talking with police. However I … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,813 satisfied customers
I was in a car accident in Maryland 2/17/2010. Fault was
I was in a car accident in Maryland 2/17/2010 . Fault was never determined and each insurance paid for there own insured person. I was on my father's policy then and he believes he paid for like 350,0… read more
NewYorkLaw101
NewYorkLaw101
Senior Associate
Juris Doctor
439 satisfied customers
I was involved in a couple of car accidents one in 2012 hit
I was involved in a couple of car accidents one in 2012 hit by a drunk driver and then one in June of 2013 by a hit and run driver on the freeway. I was injured in both, my insurance company settled u… read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
I was in NJ and got into a car accident (fender bender). We
I was in NJ and got into a car accident (fender bender). We currently live in PA. It wasn't our fault and this car hit us twice in the back. It was on 9/24/17. This irresponsible man didn't call his i… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
Car accident claim, CA, I was rear ended on the freeway, had
had surgery for ruptured thumb ligament, which is pretty much ok now but left with some disfigurement … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Car Accident Massachusetts 4-14. I was driving on a road
Car Accident Massachusetts 4-14. I was driving on a road with no stop signs etc. An 18 year old went through the stop sign. I thought I was just disoriented and went to the hospital expected a take 3 … read more
Patrick, Esq.
Patrick, Esq.
Attorney
13,087 satisfied customers
I was involved in a car accident in Texas back in March
Hello. I was involved in a car accident in Texas back in March 2017. My truck was sitting still on the freeway due to an accident ahead and the other car slammed into the back of my truck. He was at f… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My father had a car accident a couple if weeks ago. The
My father had a car accident a couple if weeks ago. The claim for the damages was denied because they said the damage to the car was old this is the first claim he has ever filed with the insurance co… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I was in a car accident and my vehicle was claim total
If I was in a car accident and my vehicle was claim total loss, can I sue dodge for airbags not deploying? I'm going through chiropractic treatments due to the accident.… read more
Patrick, Esq.
Patrick, Esq.
Attorney
13,087 satisfied customers
My daughter got a concussion in a minor car accident. She
My daughter got a concussion in a minor car accident. She was advised by her doctor to avoid "screen time" for a while. This is causing lost work time. She has been advised by someone not to submit a … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
Im looking for a car accident attorney someone proficient in
Hi, im looking for a car accident attorney someone proficient in insurance policy … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a question about a car accident that happened over a
I have a question about a car accident that happened over a week ago. I rear ended a vehicle while driving to work. There was minimal damage to either car & nobody was hurt (so I thought), No paramedi… read more
Patrick, Esq.
Patrick, Esq.
Attorney
13,087 satisfied customers
My daughter was in a car accident and we faxed the police
My daughter was in a car accident and we faxed the police report to the insurance which stated that the other driver was sited. Also that he had a stop sign and she did not. The insurance says they ha… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
My sister was involved in a car accident about a month ago
Hi, my sister was involved in a car accident about a month ago in California. No one was hurt, the cops were not called, but she was uninsured and the other party's insurance is now coming after her f… read more
Patrick, Esq.
Patrick, Esq.
Attorney
13,087 satisfied customers
My father in law had a car accident and my husband got Sued
My father in law had a car accident and my husband got Sued for.His Dad had same driver license address but dad has his own car and insurance and he was living in an apt when the accident happened.How… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
I was in a car accident and now the other parties insurance
I was in a car accident and now the other parties insurance company is offering me a settlement but they want me to sign a W9 which I have never been asked to sign before. Is it a standard practice to… read more
Expert James
Expert James
Doctoral Degree
11,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x