NT I need help with a legal question

[savraj1]

Hey guys, so recently I was hit by a car while crossing the street. The driver ran a red light and hit me while I was in the crosswalk. I'm told that I flew fifteen feet and am very lucky to be alive. I have broken

leg and ribs and had to miss a couple of weeks of classes. Well, for 24 hours of staying in the hospital, the bill came up to around 30k. Obviously, I have been very traumatized by the whole situation, and this makes things worse. My parents want to sue the driver, but it turns out he has no insurance and it looks like he may have no assets. We want to go through with the lawsuit, but we don't know if we'll get anything from it. The whole situation is really frustrating me, because it seems that a broke person can get away with almost killing someone just because he's poor. At any rate, do you guys have any information regarding how to deal with uninsured motorists and if we can claim any money from them. I would hate for this man to walk away without paying anything. 

cliffs:

almost died after being hit by an uninsured motorist while crossing the street.

He is 110% at fault, and we want to sue, but not sure if there's a way to claim anything, considering he is uninsured and broke.

Want to know what I should do

 

[savraj1]

bump

 

[Shanegerous]

Damn this sounds like a horrible situation. I don't really have any advice but I am glad you are okay. Maybe you can get disability benefits or something?

 

[6 Rings G.O.A.T.]

Get well soon op..

 

[higherground]

You yourself don't have insurance? If you're fortunate enough to pay your hospital bills, I say let the law enforcement handle it and don't bother suing. The man who hit you has already screwed himself in many ways, you'll just be destroying that mans life even more.

 

[nktran001]

Originally Posted by Savraj1


Hey guys, so recently I was hit by a car while crossing the street.

Elaborate.

 

[mojodmonky1]

u cant get water from a rock (unless youre Jesus)
and you cant get money from someone whos broke

glad to hear that you are still alive and recovering.

i want to preface by saying that i am not an attorney, and youre probably better off talking to one to get a full scoop on what your options are.

that being said, in my line of work i have some experience with trying to sue someone and its not as easy as TV/Movies make it out to be. you can sue someone for a billion dollars, and win, but it doesnt mean dik if they dont have the money to pay it. it will undoubtedly ruin their credit, but most people who are dead broke couldnt care less about what their credit looks like. you could attempt to attach it to their bank account, but it is very easy for them to get around that by living cash and carry or utilizing check cashing places.

you are correct. in this country, a broke person CAN get away with almost killing someone as long as what they do is not a criminal matter. hell they dont even need to be broke. they can be cash rich and there is virtually no way (unless they are complete idiots) for you to get your hands on that cash. this is why cash is king.

if you can get a free consultation with an attorney, i would go that path. i personally would not throw good money after bad money and spend money talking to an attorney if i was in your position.

good luck.

 

[skylerof209]

OP, I can't help you with the lawsuit part, but I can help you with the hospital bill part.

If you can't get no bread outta that bum, you can negotiate the bill with the hospital like "I'm only gonna pay 10-15% of this 30k" and usually the hospital will accept that amount. I've seen this first hand. Usually they'd rather get any amount of money they can from patients. I've seen bills negotiated down to 20% of the cost. Don't start making ANY payments until you have negotiated that @+# down, because they'll put you on hook for all 30k. Good luck

 

[va757va]

Ehhh..i dont feel bad for u bro..sorry u got hit but u sound like a spoiled cat jus coming off sayin

 

[trappstar]

Glad you are okay. I am an attorney but this isn't legal advise so use at your own direction.

First, you are correct. The amount of assets one has is directly correlated with the caliber of realization you will have on a judgment. In actuality, a lawsuit is a farce because even if you win, you still have the incredibly burdensome task of collecting. Theirs actually attorneys who specialize in collections. Nonetheless, proceed with the suit. Even if he is financially destitute, a judgment in a civil suit entitles you to a lien on his assets. A lien is essentially a placemark. It Essentially transforms you into a creditor of his. Typically, a judgment in a civil suit will be a second lien, meaning that in the list of priority to his assets or future assets, you are second in line to get paid. Mortgages Are typically first liens but based upon his lack of insurance he probably does not have one so you may be in good luck. Nonetheless, any other creditors he may have may have already perfected and instituted a lien on his assets, meaning they will get paid before you. "first in time, first in right." Anyhow, a lien is still advantageous because if in the future he acquires any assets you have a claim to it. This is assuming he isn't tax savvy and doesn't shield assets from protection.

Second, what time of day did he hit you? Did he have a work shirt on or anything? If you can prove he was working or on his way to work, you may be able to sue his employer under the theory of respondent superior, which means that an employer is liable for be negligence of his employees while they are doing a task for the benefit of the employer.

Conduct an asset check on this individual because he may have a host of prexIsting liens that essentially may make the lawsuit a waste of resources. Nonetheless, you should definitely file a criminal complaint against him since this may be your only source of retribution.

On iPhone so sorry if errors.

 

[mojodmonky1]

Originally Posted by VA757VA

Ehhh..i dont feel bad for u bro..sorry u got hit but u sound like a spoiled cat jus coming off sayin

 

[6 Rings G.O.A.T.]

you're going to have to sue..regardless..or else you will be stuck with the 30 K medical bill..

 

[supermanblue79]

Originally Posted by Non Attorney Paid Spokesperson

Sue this person for everything he doesn't have.

 

[adrian1221]

take the car

 

[mistamagic1]

Still sue. Once you are awarded your judgment by the court and he can not pay, they can put a lien on his property (car,house, etc.) The Marshalls can seize his property and put it up for auction to help satisfy the amount owed. Plus the judgment will remain on his credit report until it is satisfied; so he won't be able to apply/get credit until the judgment is paid.

 

[seniosoul]

if he's broke they'll garnish his income.

 

[crcballer55]

Why not ask an attorney?  I'm sure you have seen commercials up the wazoo for this type of thing while you're sitting in the hospital and most of them will give you a free consultation.

Just from my very basic legal knowledge though, I'm sure the court can put a lien on any assets he has including his wages so that he'll have to pay of it.  If it's California and he was required to have insurance then chances are he'll be sitting in jail for a while.

 

[bratz dos]

atleast you know who did it. i was in a hit and run last year. no major injuries atleast. stay up OP.

 

[mecks]

Originally Posted by Mojodmonky1

u cant get water from a rock (unless youre Jesus)
and you cant get money from someone whos broke

glad to hear that you are still alive and recovering.

i want to preface by saying that i am not an attorney, and youre probably better off talking to one to get a full scoop on what your options are.

that being said, in my line of work i have some experience with trying to sue someone and its not as easy as TV/Movies make it out to be. you can sue someone for a billion dollars, and win, but it doesnt mean dik if they dont have the money to pay it. it will undoubtedly ruin their credit, but most people who are dead broke couldnt care less about what their credit looks like. you could attempt to attach it to their bank account, but it is very easy for them to get around that by living cash and carry or utilizing check cashing places.

you are correct. in this country, a broke person CAN get away with almost killing someone as long as what they do is not a criminal matter. hell they dont even need to be broke. they can be cash rich and there is virtually no way (unless they are complete idiots) for you to get your hands on that cash. this is why cash is king.

if you can get a free consultation with an attorney, i would go that path. i personally would not throw good money after bad money and spend money talking to an attorney if i was in your position.

good luck.

Exhibit A:

[h1][/h1]

[h1]RPV teen pleads guilty to vehicular manslaughter, could get 2 years[/h1]
By Larry Altman Staff Writer

Posted: 08/15/2011 11:50:58 AM PDT

http://www.insidesocal.com/crime&courts
A Rancho Palos Verdes teenager accused of speeding along Hawthorne Boulevard and careening into a Marymount College professor out for his morning walk pleaded guilty Monday to vehicular manslaughter.

But 18-year-old Jake Lee's guilty plea in Torrance Superior Court frustrated the victim's widow because the toughest sentence he can receive is two years behind bars.

"My life is destroyed," said Aida Kammoun, whose 49-year-old husband, Jammel Kammoun, died nearly two years ago. "(Lee) is


Marymount College math professor Jammel Kammoun was killed in the crash.
still here."
Lee, a 17-year-old Palos Verdes Peninsula High School student at the time of the crash, whispered "guilty" to what was an open plea to the judge. Next month, Lee must surrender at the North Kern State Prison in Delano, where he will undergo up to a 90-day psychiatric exam that will determine his fate.

Lee will be kept from the prison population during the stay. A three-member panel of psychiatrists will recommend whether he passes and can remain in Southern California for his penalty, or fails and requires a term in state prison.

If the panel determines that he passes, Judge James Brandlin would sentence Lee to probation and 364 days in county jail. Lee could pay to serve the time in a city jail.

---

If it decides that Lee fails, meaning he shows no remorse or understanding of what he did, he would be sentenced to two years in prison.

Lee's plea was made over the objection of Deputy District Attorney Don Syn, who never offered him a deal and said prosecutors would have sought a four-year prison sentence.

A vehicular manslaughter conviction calls for a sentence of two, four or six years in prison, so the maximum sentence Lee could receive is the low term. Brandlin said in court Monday that he would impose the low term.

"We don't like it," Syn said. "There's nothing we can do."

During a preliminary hearing in January, Lee's friend, John Quimbayo, testified that he was in the front passenger seat of Lee's 2009 silver Infiniti G37 as Lee sped down Hawthorne Boulevard toward the Pacific Ocean the morning of Dec. 20, 2009.

The night before, Lee, Quimbayo and a third youth in the car had attended a party at a Rancho Palos Verdes apartment, where partiers drank vodka and beer and went to sleep. Quimbayo testified that Lee drank more than two beers and was sober enough to drive in the morning.

Lee, Quimbayo and the other passenger were headed to a 7-Eleven convenience store when Lee turned on Hawthorne Boulevard from Crest Road. Quimbayo testified that he "gassed it."

The car was traveling 90 to 100 mph.

"He said, `I have to use all this horsepower,"' Quimbayo testified. "I was fearing for my life."

Lee lost control of the car near Alta Vista Drive, rode up the sidewalk, struck Kammoun, and took out six trees and 30 feet of a 6-foot-tall block wall.

Kammoun, a popular math professor and father of three young children, died at County Harbor-UCLA Medical Center.

Lee, Quimbayo testified, told a friend he would at least get another car in college.

Lee's attorney, Richard Hutton, said Monday that his client, whose formal name is Ho Jai Lee, will surrender in September at the prison in Delano to undergo the testing, Hutton said.

"My client has accepted responsibility and has all along recognized his actions caused this tragic accident and death," Hutton said.

Lee was born in South Korea and is not a U.S. citizen. His plea could result in his deportation, although Syn said that would be a decision for federal authorities. A sentence of 365 days would result in an automatic deportation, but the negotiated 364 makes it possible for him to remain in the United States.

Lee, who was initially charged as a juvenile but prosecuted as an adult, is free on $50,000 bail. He is scheduled to return to court for sentencing on Dec. 19.

when i first read this i was

i went to school with this guy. this is the 3rd "accident" hes had.

from this article, op, the guy should have killed you would have been cheaper. only 50k to kill someone

 

[je ne sais quoi]

If he's broke, try getting the judge to order him to become your personal butler.
I saw it on TV, from the news or a documentary.

 

[savraj1]

Originally Posted by HigherGround

You yourself don't have insurance? If you're fortunate enough to pay your hospital bills, I say let the law enforcement handle it and don't bother suing. The man who hit you has already screwed himself in many ways, you'll just be destroying that mans life even more.

I have  insurance, but it will not pick up the whole tab. At most 2/3.

 

[savraj1]

Originally Posted by TraPpStar

Glad you are okay. I am an attorney but this isn't legal advise so use at your own direction.

First, you are correct. The amount of assets one has is directly correlated with the caliber of realization you will have on a judgment. In actuality, a lawsuit is a farce because even if you win, you still have the incredibly burdensome task of collecting. Theirs actually attorneys who specialize in collections. Nonetheless, proceed with the suit. Even if he is financially destitute, a judgment in a civil suit entitles you to a lien on his assets. A lien is essentially a placemark. It Essentially transforms you into a creditor of his. Typically, a judgment in a civil suit will be a second lien, meaning that in the list of priority to his assets or future assets, you are second in line to get paid. Mortgages Are typically first liens but based upon his lack of insurance he probably does not have one so you may be in good luck. Nonetheless, any other creditors he may have may have already perfected and instituted a lien on his assets, meaning they will get paid before you. "first in time, first in right." Anyhow, a lien is still advantageous because if in the future he acquires any assets you have a claim to it. This is assuming he isn't tax savvy and doesn't shield assets from protection.

Second, what time of day did he hit you? Did he have a work shirt on or anything? If you can prove he was working or on his way to work, you may be able to sue his employer under the theory of respondent superior, which means that an employer is liable for be negligence of his employees while they are doing a task for the benefit of the employer.

Conduct an asset check on this individual because he may have a host of prexIsting liens that essentially may make the lawsuit a waste of resources. Nonetheless, you should definitely file a criminal complaint against him since this may be your only source of retribution.

On iPhone so sorry if errors.

Thanks for the  info. Will share it with my pops in the evening.

 

[clone]

Originally Posted by VA757VA

Ehhh..i dont feel bad for u bro..sorry u got hit but u sound like a spoiled cat jus coming off sayin