Legal Question in Personal Injury in Iowa
Rear-ended by attorney
In April 03, my daughter & I were passengers in a vehicle stopped at a red light & were rear-ended. The other driver said ''no body's hurt, see you in court'', gave us a business card & left the scene. When police pulled him over less than a mile away & cited him for failure to control & leaving the scene, he admitted fault & said he was in a hurry to get back to Omaha. We then discovered the driver's name, that he was an attorney in Nebraska and that he had given us his own business card!
My daughter was not injured, but our driver & I both sustained injuries & filed suit against the other driver.
In December 06, we were granted a default judgement against the other driver (represented himself & kept not showing up for court & not filing paperwork in timely manner, etc).
However, the other driver was under-insured and that we have little hope of recovering (although we do not yet know what the $ amount will be). This guy has been a complete @ss from the moment of impact.
My questions: how do we locate the other driver's assets or collect on the judgement? Also, can/does a judge take into consideration the behavior of the defendant, or the fact that defendant is himself an attorney, when figuring / awarding damages?
1 Answer from Attorneys
Re: Rear-ended by attorney
My questions: how do we locate the other driver's assets or collect on the judgement? Also, can/does a judge take into consideration the behavior of the defendant, or the fact that defendant is himself an attorney, when figuring / awarding damages?
You'll need to hire an atty who is licensed to practice in Nebraska. Maybe, but if you or your daughter had insurance contact my office, hire me and I will show you how to collect without hassling any more with the Omaha attorney. Steve Lombardi
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