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Post Info TOPIC: Calling all lawyers/law know-somethings!!
crystal


Kate Spade

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Calling all lawyers/law know-somethings!!
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hey girls, i know a few here work in law offices or something so if any of u can help me w/ this i would sooooo appreciate it:


this weekend my dad was hit by a guy going thru a red light (both cars were totalled).  he's ok, just bruised a bit.  the cops came & filed a report, there were 3 witnesses all on my dad's side so clearly this is not my dad's fault.  now the dilemma: my dad does not have registration (due to paperwork snafu w/ original owner) nor is he insured (he works 2 jobs, has 4 kids & is divorced so either it slipped his mind or he just couldn't afford it, i'm not sure myself).  since it wasn't his fault, it seems clear to me that the other guy's insurance should pay all my dad's med bills as well as car rental and other incidentals.  my dad is afraid to incur this expenses, however, because he is afraid the guy will take him to court for one or both of the above dilemmas.  does anyone know what my dad's rights are in this situation?  TIA!


more info if u care: the guy was such a jerk, he didn't even approach my dad to see if he was ok.  in fact, my dad -nice guy that he is- asked the guy if HE was ok & the guy ignored my dad (btw, is it a hit & run if he didn't exchange info w/ my dad?  the police filed a report tho, so does that count?)!  my dad is really struggling financially supporting my 3 brothers (ages 16-19 so feeding them alone costs an arm & a leg, luckily i live on my own so i'm not longer a burden) and he really cannot be w/o a car and some of u may know that i am currently btwn cars so i can't even lend him one!  our family is not all that supportive so it's pretty much up to me to help my dad as best i can... thanks for reading, just needed to explain a lil more!



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esquiress


Marc Jacobs

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oh no!  your poor dad, what an ordeal!  unfortunately i can't offer any legal advice (just tons of sympathy!)--since i'm not a pi (personal injury) atty. i know nothing about this type of situation.  i'd suggest your dad find a good pi atty.  and since they usually work on a contingency fee basis, your dad shouldn't have to be out of pocket any legal expenses.  good luck and again, i'm so sorry! 

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crystal


Kate Spade

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thanks esq... i don't think my dad wants to really get a lawyer or anything, i mean he'll have to if the guy takes him to court, but he really just wants to settle for the medical bills, car value & rental car cost.  he's a really honest guy & is not about to sue for "pain & suffering" so he just needs to know if he's in any trouble.  thanks again tho for the sympathy, i appreciate it.

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blubirde


Chanel

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I'm not a PI attorney either but it seems to me it wouldn't really matter if your dad has insurance or registration for lawsuit purposes. Those are laws for the police to enforce, not really lawsuit material. However, if he is sued and loses, without insurance, he's probably screwed.


It's not a hit and run to not exchange information but he should go to the police and get the other guy's info. so his insurance can pay for everything. If it's the other guy's fault, the insurance company will pay for everything. Your dad's insurance (if he had any) wouldn't come into play at all. The insurance company will probably call your dad, find out what happened from him, call the witnesses, check out the police report - your basic investigation. They'll then pay for whatever they owe to get your dad's car fixed, the rental, etc. (As long as it's for sure the other guy's fault.)


HTH!



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crystal


Kate Spade

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thanks a ton blubirde!  that's very reassuring & sounds logical.  thanks again!

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Elle


Hermes

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Your Dad's insurance (or lack thereof) shouldn't come into play here - a private citizen cannot sue another private citizen for lack of insurance.  Your Dad should get the other guys insurance info and proceed with filing a claim.  Since it was so clearly the other guys fault, the claim should be approved quickly. 

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To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment ~ {Ralph Waldo Emerson}
Ally S


Kate Spade

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I was just involved in a chain reaction collision on a major highway at a fairly high rate of speed. I posted about this in the Personal Announcement Thread. I wasn't charged and the other insurance company is paying for everything, but on Esquiress' advice I consulted with a PI attorney just to protect my own interests.


I was injured in the crash and am now suffering with some neurological/nerve damage in my neck and right arm. I just feel better having a lawyer on my side.



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~Ally~
JoceyBaby23


Gucci

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Even if the other kinks get worked out.. it is illegal to drive without insurance in most (if not all) states.. Your dad will probably have to pay some reprocussions for that.. Good thing it was not his fault.. (I have heard of some people without insurance crashing their cars and going to jail bc they didnt have the proper paperwork..) Definately get a lawyer and I wish your family the best!

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-jocey-
crystal


Kate Spade

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thank you all so much for your tips & advice.  i will make sure my dad gets proper coverage as soon as he gets a new car.  thanks again!

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