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We were in a car accident and the another drive didn't have…

Customer Question
We were in a...

We were in a car accident and the another drive didn't have insurance. my dad car was totaled. What can we do to get money to help me dad? he had to buy a new car.

Lawyer's Assistant: What state is this in? And how old is the car?

Iowa and 2004

Lawyer's Assistant: Has anything been filed or reported?

Yes we called the cops and my dad insurances.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We did go to the hospital to get check out.

Submitted: 7 months ago.Category: Traffic Law
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Answered in 1 minute by:
12/6/2017
Traffic Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 38,718
Experience: Former Asst State Attorney/Hearing Officer
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Traffic Lawyer: Loren, Lawyer replied 7 months ago

Did your father have uninsured/underinsured coverage?

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Customer reply replied 7 months ago
he has liability coverage on the car.
Traffic Lawyer: Loren, Lawyer replied 7 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Not having insurance does not excuse liability. It does, however, complicate collection.

Your father will need to sue the other driver, and anyone else who may be responsible, prove his claim and obtain a judgment.

Once he has a judgment he can start attaching assets and garnishing wages and accounts until the judgment is satisfied.

Obviously, it is easier when there is insurance and they just issue a check for the judgment, but your father can still collect if there are assets to move against.

While not required, he may find it helpful to to have an attorney represent him in court.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Traffic Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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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).

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