Vehicular assault
I was drinking and driving. Hit a motorcyclist. Broke his leg and arm. I was convicted with vehicular assault. I took the plea bargain. Now I have a felony on my record. My restitution is 64,000. The person I hit settled for the insurance money:50,000. My insurance still hasn't paid and they won't contact me back. It's been since '04. I would like to know if I can reopen my case and maybe be able to do something with my felony. It was my first offense and it's ruined my life. Is there anything I can do? Also what should I do with the insurance company?
1 Answer from Attorneys
Re: Vehicular assault
re-opening a sentenced plea bargain is difficult, but can be done. You need to find a problem with the original case. Also, you need to have a reason to avoid the time bar (3 years).
So, usually a person complains that their attorney did or did not do something that affected the decision to take the plea.
The time bar issue may be resolved by the insurance company problem.
I would only send letters to the insurance company. They may be acting in bad faith. IF so, you could get a settlement. Contact a personal injury lawyer that advertises "bad faith" claims.
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