I had an accident while driving a company pool van (my fault) the damaged was payed for by the companies car insurance. Does this affect my personal no claims bonus.
Cars don’t have accidents, people do. The accident is part of your driving record. People assume the claims-free discount has to do only with claims on personal policies, but an at-fault accident is still an at-fault accident no matter who owns the vehicle you were driving. Sorry.
I received a notice of wage garnishment. I’m no longer employed because I am on disability. Can the creditor garnish the money out of my Settlement from a work related injury case?
NO, it is considered unearned income. As to the garnishment that would depend upon what your state statutes are. Some do allow for garnishment and some do not.
The wage garnishment could be waived as you are considered "judgment proof" if you are unemployed. The creditor would then have to refile to seize the funds from your bank accounts and that is only if permitted in your state.
If you are receiving SSDI then they can not touch those funds at all except for back taxes, child support or criminal fines owed.
You might want to call the court that issued the judgment and speak to them to find out for sure.
Hope this helps answer your question.
http://www.burke-eisner.com/practice-areas/medical-malpractice.html Medical Malpractice Lawyer explaining some of the required steps in a malpractice case.
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When a person files a personal injury lawsuit, they can claim a number of different damages, but everything has to be related back to the injury that was caused that is the subject of the lawsuit. They are entitled to recover lost wages, medical bills, pain and suffering, pain and suffering in the past and the future. In some lawsuits, a person may even be entitled to punitive damages, damages that are intent to discourage defendants from continuing to commit bad behavior. There are a number of different things that a person can recover for, and it’s not just limited to your medical bills and your lost wages, mental anguish dependent on the suit. That’s why it is critical to immediately discuss with an attorney what’s happened to you so that you can be sure to document all of the expenses that you may have that are related to a lawsuit.
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Starring Ginger Crevise, Steveee O plus others
http://www.stavergainsberg.com – This injured Chicago client received much more than the insurance company offer because of the work of this Chicago personal injury lawyer – Call 24/7 – 1-312-422-1130
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I need a lawyer for going under for a complete knee replacement with a mild sedative and suffering a lot of pain during surgery and after surgery. Help?
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In California, I’ve filed a personal injury auto accident claim and need to release my medical records to the insurance company. I’m only claiming physical injury, not psychological/emotional but the doctor who is treating me for pain with alternative treatments such as biofeedback is also my therapist. His notes from our appoinments contain co-mingled info and I don’t want to submit my personal mental health information. His physical pain treatments are important to my case and I’d like to know if there is a way around this?
Considering you’ve asked this question at least twice now, sounds like there is something you are trying to hide.
So what if you are mentally disturbed. If that is not related to the injuries you sustained in the accident, the insurance company is not going to care what those records state.
Two cars hit each other and one of the cars went on to hit me while i was stopped at a red light. Each of the drivers’ insurance companies refuses to accept responsibility for the initial accident. I didn’t have insurance at the time. There was no personal injury, just about $1,500 damage to my car. It has been 3 months and still no resolution. It looks like small claims court would be the fastest way to go about it. Do I sue both drivers or just the one who hit me? Do I send the paperwork to the drivers individually or to their insurance companies? Are the insurance companies obligated to give me the drivers contact info? What will the judge be looking for me to demonstrate in court? How many estimates do I need? In addition to the actual damage to the car, am I entitled to supplemental damage, inconvienience costs, rental car cost, etc. If it gets this far, I want to take them to cleaners. Any other helpful info would be appreciated.
Knowing what state you are in would be a help.
Don’t bother with a lawyer. No matter how many people tell you to get a lawyer, don’t do it. It will not make this go any faster. Trust me on that.
As you already found out, not having insurance can be a mistake.
From what you describe you are an innocent party to this to loss. Since you bear no negligence for the accident one of the other companies should step up and pay you then they can get partial reimbursement from the other company. If the accident was 70% one drivers fault and 30% the other drivers fault then the company that is 70% at fault should pay you 100% and then get 30% reimbursement from the other company.
In most intersection accidents both drivers can be held partially responsible for a percentage of the accident. A 70/30% split is pretty common in intersection accidents.
Since both parties are at least partially negligent for your damages, if you sue you MUST sue both of them at the same time. You only get one shot at this and if you only name 1 driver the court may only find them to be 30% at-fault and then you have just lost 70%.
If you do sue you should bring the following evidence
-police report
-photos of the car
- two estimates for the damages (normally the court will award the lower amount)
- copies of car rental bills/receipts. Most courts will not award you anything for future car rental. So if you have not actually rented a car you won’t get anything for that.
-Bring any independent witnesses to the accident.
In most states you are only entitled to car damages and incurred car rental expense. You can ask for time off from work etc. but you have it awarded to you.
Please keep in mind that winning in court is not a guarantee of payment. The court will not go and collect the money for you. You are still stuck trying to collect from the other parties.
Before you sue, let me suggest that you send a letter (or email) to both companies giving them one last chance to settle.
I would include in the letter that you are the innocent party and did not contribute to the accident. You should mention in the letter that one of the companies can pay you in full and then get reimbursement from the other company. Also, don’t bother threatening a lawsuit. Adjusters love it when people file a lawsuit because that means that that one of the company lawyers will do most of the work. Instead threaten to file a complaint with the insurance commissioners office. Most adjusters and supervisors hate insurance commish complaints because the adjuster has to explain their actions to the state and that is never fun.
Good Luck
I have been fighting a personal injury lawsuit for over 3 years and if I file for divorce is my husband entitled to my money?
no
California is one of nine states recognizing community property division.
* Community property describes all assets (and debts) that were jointly acquired during marriage. Each spouse is seen as contributing equally, regardless of individual income, so community property is divided evenly. This means that each spouse receives one-half of these assets, which can include money, real estate, retirement plans, furniture, automobiles, and possessions.
* Separate property is property that belongs to one spouse and is not subject to division in divorce. This includes property that a spouse brought to the marriage (a house, a business, pension funds) or assets or debts acquired in the name of one spouse during the marriage (an inheritance, personal injury award, or education loans).