You would have the option to 1) surrender and owe nothing further, 2) keep making the monthly payments but not reaffirm, or 3) to keep making the monthly payments and reaffirm. You would likely only want to reaffirm under limited circumstances - mainly only if the vehicle was worth a good bit more...Read more »
As a general rule, yes, the insurance company for the car will cover the negligent acts of the driver (even if that driver is uninsured otherwise). The only exception might be if the vehicle was taken without permission, or if the driver was known to be such a poor driver that the owner should have...Read more »
No creditor is allowed to intercept or take your SSI income - so long as the money is not mingled with other monies in a bank account. If you earn some part-time wages and add those into an account that also has your SSI, then your SSI may in danger of being garnished at the bank (frozen and...Read more »
I am retired from a ice machine Co. I was told by a former colleague that someone in dispatch was telling customers that requested me to work on their equipment that I was fired. I had not received any termination letter. I had received a retirement card signed by fellow workers and a gift card.... Read more »
Probably more facts are needed before a good answer can be given. How many times has this been said to customers? Are they saying anything more specific about you, and being fired? What else are they saying about you? Has this affected your good name in the community where you live? Has it...Read more »
Yes, you should contact an attorney. You are eligible for damages for lost income, medical bills, and pain and suffering. Your ability to get a fair result with an attorney is significantly higher and should be sought out. There are likely numerous facts about the situation that an attorney can...Read more »
Not clear exactly what happened here. Most all filings are online now, so there is no delay in filing. If you physically dropped off paperwork with the clerk and they did not file timely, that could be a real problem. Currently because of Covid-19 most statutes of limitations are suspended, so...Read more »
Unfortunately, he would not be liable automatically, but those facts would contribute to having a jury determine that he was, in fact, at fault. Ultimately, it would be up to a jury to place a percentage of fault on each of the drivers. They could determine that the other driver was 90% at fault,...Read more »
Passenger has a clearer claim for damages than a driver - and should be compensated fully for damages. There is potential for recovery from both the driver and the other driver (2 sources) - depending on the facts of the accident
I have police report stating that he was at fault he even admitted it was his fault we both had the same story about what happened and he was parked on side of street we’re he was not suppose to be parking.well after police report was made he suddenly came up with a witness coming up with a... Read more »
It's not clear if this is an injury situation or just property damage, and the severity in either case. There is a two year statute of limitations in either case. If just property damage, and not much dollar damage, then small claims court might be the way to go (if < $4k). If an injury...Read more »
You may be limited in claiming pain and suffering damages if you were uninsured, but there are a number of exceptions. Even in a worse case scenario, you can still claim medical expenses (past and future) as well as lost wages (past and future).
I was at drop off for my daughter, my ex-wife's boyfriend came (first time he has been there) and punched me in my nose, fracturing it and requiring surgery. We filed charges on each other because he stated I started the fight (Which is untrue), he took a plea deal, and I had my case... Read more »
You can recover up to $4,000.00 in small claims court to cover your expenses incurred from his actions. you can go online to the county courthouse where this happened and there are forms you can complete to get a case filed and him notified of a hearing. Getting additional recoveries (pain and...Read more »
It will likely depend if your son was the owner of the vehicle that was insured and if the policy was his policy. If he was a covered person under his parent's policy, then there is some case law to indicate the med payments do not have to be repaid. If he was the actual insured of a vehicle...Read more »
The person that caused the wreck delivered to pizzas for Pizza hut but didn't have insurance. Could the insurance from the other vehicle be responsible or pizza hut be responsible since the should be sure the have insured drivers while on duty
You may have several ways to get a recovery for your injuries. First, yes, Pizza Hut will likely have some liability if their driver was uninsured. Second, if the other vehicle had any fault for causing the accident you may be able to make recovery there. Third, if you owned a vehicle with...Read more »
A bankruptcy filing would stop the need for a hearing in aid of execution. The bankruptcy attorney would be able to notify the other side of the filing, and keep any further action from occurring whether that be garnishment, attachment, etc.
it toatled my vechicle,and my questions are what should i do about medical problems, for the future. and im without a vechicle until who knows when and, i live 40 miles away from family, and my one son has medical problems, so does her insurance company have to get me a rental, until things are... Read more »
Best to go through your own insurance first for property damage, if you have the coverage. If not, the other side's insurance may or may not move very quickly to get you taken care of, and may or may not get you a rental. How clear the liability by the other driver will play some part in how...Read more »
A 401(k) and a 401(k) loan are really not affected by a ch 7 bankruptcy. The funds are exempt and not subject to being lost to the bankruptcy court, and the loan is secured and not really affected by the bankruptcy either, as any failure to pay would still allow the retirement funds to be offset...Read more »
The landowner and/or the tenant of the property would likely have some liability if there was an electrocution risk on the property. Talking to an attorney sooner than later would be recommended. The value of any claim is connected to a number of factors including the nature and extent of the...Read more »
Involved in a slip and fall case where damages including pain and suffering are estimated around 425,000 with two surgeries and severe head injuries. What should I expect to limit punitive damages? The insurance maximums or any other factors?
Damages for past and future medical expenses and lost wages are unlimited. Damages for pain and suffering may likely be capped in Kansas at $300,000. Punitive damages can be way above that amount depending on the facts. Sounds like your injury was very serious. Liability for the fall still needs...Read more »
I was hit by a car who is coming straight, when turning right at the stop sign. I have seen the car at a far distance but since the speed limit on the road is 35 I thought it takes some time for the car to come and I took a right turn. But the car came with a high speed and he couldn't apply... Read more »
You will likely have to get a lawyer involved if there are injuries involved. If it is just a property damage situation and your own insurance has not covered your damages, or if you were injured, then a lawyer would be able to get a suit on file and get a deposition and other evidence that can...Read more »
Assuming your source of funds to purchase these items did not consist of hidden funds that existed at the time of the bankruptcy filing, you should be fine. Purchasing assets after discharge but before the formal closing of the case, is not a problem, just so long as there weren't any assets...Read more »
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