Legal Question in Personal Injury in Nevada
Personal Injury-underinsured responsible party
I was in a serious accident caused by a DUI driver. The driver happened to be a friend at the time. He asked me not to sue as he said he would help with the medical bills since he was underinsured. He has since decided he does not want to help as he has to pay for a DUI lawyer. I have not settled with his insurance even though they offered me the full 50K because I would be releasing the responsible party from resonsiblilty. Because of the amount of medical bills, I feel I have to sue him. I have been told that most lawyers do not want to ''personally'' sue someone, just the insurance company. Can you advise me on what to do as the bills are close to $200K and I am having to pay out of pocket for the difference from my health insurance. I want to sue him for any assets he may have before he claims bankruptcy. He was charged with DUI causing substantial bodily harm in California where the accident occurred but we both live in Nevada. Can you also confirm if I sue in Nevada? And how open are lawyers to individuals not insurance companies? Thank you for any assistance.
4 Answers from Attorneys
Re: Personal Injury-underinsured responsible party
1. You can likely sue in either California or Nevada. I'd need to know more about your situation to determine which venue is preferable. You can give me a call to discuss if you like, as I'm licensed in both states.
2. You may be eligible to recover your attorneys fees regardless of which state you file suit in.
3. If the insurance policy limit doesn't cover your damages, pursuing the defendant's assets may be an option. You should also look into an underinsured motorist claim if you have coverage.
4. This type of debt is not usually dischargeable in bankruptcy.
5. You may also be entitled to restitution through the criminal proceedings against the defendant.
Re: Personal Injury-underinsured responsible party
Your situation is very serious and you should retain an attorney. My office is located in Las Vegas and I would not charge you for a consultation if you like.
You can pursue a person for their personal assets. Many times there is little cash to recover from the other person but you can renew a judgment for MANY years and set up wage garnishments, etc.
Bankruptcy will not allow a discharge of a DUI-related debt. Essentially, you own the DUI person if you get a judgment against them.
You should look into your own UM/UIM insurance.
You should try to negotiate with your medical care providers to lower the amount of your bills. However, it seems as if you have health insurance also.
Re: Personal Injury-underinsured responsible party
You would have to sue in California in the County where the accident occurred. Since he is charged with a DUI he cannot discharge this obligation by filing bankruptcy. Of course that is an alternative to both of you to handle the obligations.
Re: Personal Injury-underinsured responsible party
Where is your own insurance, if any, in this? If none, consider suing in Nevada for all damages Nevada law allows. That may result in an award many, many times that of the $50K offered, which $50K will be collectible regardless of what the party at fault tries to get away with in bankruptcy. The primary question could be: how collectible is any award in excess of the insurance limits? Your attorney can advise further.
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