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Questions Answered by Stephen Douglas Lombardi
1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Q: First car accident ever and am being required to retest with the DOT to keep my license. Do I have any recourse?

I was in my first accident since I began driving at the age of 16 (I am 33 now). I did not receive a moving violation for this accident, but am now being required to retake all tests (written, driving, vision, hearing) with the DOT in order to keep my license. Is this normal or is this something... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 4, 2018

It's normal if you are a member of the Congressional majority. Without seeing/reading what you have there isn't any way for a lawyer to give you an complete answer.

3 Answers | Asked in Personal Injury for Iowa on
Q: The lady who was at fault only carried the min insurance. Can I sue the insurance company for more?

I was in an auto accident back in March 2017. My back was hurt very badly. I'm still getting treatment and nothing has been helping. It is possible that I will have this pain for the rest of my life. The lady was at fault and was only insured for $20,000. I do have underinsured insurance. My... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 18, 2017

The quick answer is "no, you sue the lady, not her insurance company". You can collect on your underinsured coverage. What were your limits for UDM coverage?

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1 Answer | Asked in Personal Injury and Workers' Compensation for Iowa on
Q: Injuried my knee at work and been having pain for the past two months. Filled out work comp forms on Oct 12 and release

medical form. I still have not received medical care approval. Is this a reasonable time to wait?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 17, 2017

No. It is not a reasonable time to wait. Changes were made to the workers' compensation laws effective on July 1st, 2017 and it will get harder and harder for injured workers to hire lawyers. Your claim is essentially been denied so you should not have a problem finding a lawyer. You need to... Read more »

1 Answer | Asked in Consumer Law, Divorce and Car Accidents for Iowa on
Q: What are my options concerning a credit hit I took for my ex wife not paying her vehicle loan?

We both signed, and a judge signed, the stipulation for our divorce, and it literally states "(she) shall be awarded the 2012 Cruze automobile free and clear from any claim of (me) and she shall assume any indebtedness thereon, holding (me) free from any liability thereon".

2... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 17, 2017

You can file with the divorce court an application for her to show cause why the Court should not hold her in contempt. You can ask the Court to award you attorney fees but during the pendency of the action you will have to pay your own lawyer.

1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Q: I've been terminated from the postal service on September 19th, 2016 because of my injury on the job.

I was injuried on July 11th, 2016 while delivering mail. I lost my footing & went to catch myself with my right hand and it slipped and my right arm/hand went above my head and I landed on my chest at the same time. I felt my right shoulder pop and I heard it pop when I landed on it. I'm... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Nov 21, 2017

I see no Iowa lawyer has answered your question. That's not surprising since federal law makes it very difficult for lawyers to get paid except on an hourly fee basis. Contingent fees are not allowed and all fees have to be approved, which from a time-management standpoint makes this... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Can I have my nurse case manager replaced?

She has decided what doctor I will see, cancels my appointments to fit her schedule, and makes appointments without my knowledge. Has went so far as to give these doctors my personal information. What has happened to my rights as a human? Should I not be allowed to decide what doctor I will see and... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Nov 21, 2017

You can ask that she be replaced, but it is not likely to be done. She works for the insurance company, not you. She is paid by the insurance company. Her job is to get the doctors to pay you as little as possible. And, while she may be at times friendly, she is not your friend. The Iowa Republican... Read more »

1 Answer | Asked in Car Accidents and Child Support for Iowa on
Q: I pay child support right now, if I get a car accident settlement do I need to tell my ex wife about it?

I am paying child support for my two children now, I got in a car accident and should be getting a settlement from it. Do I need to tell my ex wife I am getting a settlement, or can she find out the amount I got from the settlement?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Nov 19, 2017

Are you behind in support? Either way you have no legal obligation to 'tell her', but if she learns of it she may attach it for unpaid child support.

1 Answer | Asked in Car Accidents, Civil Litigation and Traffic Tickets for Iowa on
Q: My 17 year old son took a truck and hit another car. Then left the scene. The other couple has liability what do we do.

He was charged and does have a job. We have had way to many issues with him. Does he have to pay this or what are our options we cannot pay all of the estimate in one try.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Nov 19, 2017

The facts are not clearly stated, which makes answering your question difficult. I have been a lawyer for thirty-six years and a father for longer than that. Here is my advice: 1. Yes, he has to pay. 2. Make him get a job and repay anything you have to pay on his behalf. 3. Ground him and take away... Read more »

1 Answer | Asked in Animal / Dog Law for Iowa on
Q: In short, is a dog owner responsible for a dog who damages material property in a home (shoes, glasses, etc)?

Initially, dog chewed shoes and inserts. Shoes were wearable so the roommate didn't pay for those, but paid for inserts.

I then tried to hide a new pair of shoes, dog found them, chewed them. I accepted some responsibility and didn't ask for her to pay for it.

I had... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Nov 15, 2017

It is the roommates responsibility to control her pets and any damage the dog does is her's to pay to repair or to replace. No if's, and's or but's about it.

1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Iowa on
Q: Iowa - Is it illegal to record personal phone calls without the other persons consent?

I have an app on my phone that records all my phone calls. I've recently been harassed and threatened. Can I use those recorded calls in court even though I didn't have the other persons consent or knowledge of the call being recorded?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 25, 2017

Generally speaking so long as one person to a conversation has given permission, the call can be recorded. If recordings are legally obtained, so long as there is not another reason, the evidence is admissible.

1 Answer | Asked in Contracts and Animal / Dog Law for Iowa on
Q: Iowa rescue shelter is threatening to file a claim for breach of contract. What are my rights?

I adopted a 7 week old puppy that got severely ill within 24 hours of adoption. I took him to my vet who admitted my pup to puppy hospital. I alerted the shelter right away that he was sick and admitted. The shelter said they would do whatever they could to make it right. They offered a settlement... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 25, 2017

It is improper and may even be a crime for someone to threaten to have someone put in jail over a disputed civil matter, such as an unpaid bill. In Polk County we refer to that as extortion. The contract you signed is what governs who should pay for what and when.

1 Answer | Asked in Personal Injury for Iowa on
Q: Hi I live in Iowa and my employer is from Iowa but the company he has his trucks leased to is from South Dakota .

My injury occurred in Arizona While I was about to load my trailer I hurt my back then and my leg kicked out. Do I use an attorney in Iowa where I live or South Dakota where the carrier is located?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 14, 2017

It appears you likely have a claim subject to Iowa and an Iowa lawyer would probably handle it. From the question number one seems to be true. From the little information provided I am uncertain if number two is also true. I know you live in Iowa. Do you regularly work in Iowa? Do you drive across... Read more »

1 Answer | Asked in Animal / Dog Law for Iowa on
Q: Iowa, our female ran off 3 months ago, a neighbor 3 miles away has her, doesn't want to give her back, my rights?

She is a purebred and ran off after getting bred by our male. We posted her on lost dogs Iowa, used social media, called local vets and sheriff reporting her lost. They don't want to give her back and are selling the puppies. What are my rights in getting my dog back?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 13, 2017

According to the law, the dog is property. The owner can sue in District Court for the dog to be returned, via a procedure commonly referred to as a replevin. Or in small claims court for the value of the dog. Or consider reporting it to the police and asking law enforcement to assist in obtaining... Read more »

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Hi, I'm wondering if I can sue the Orthopedic doctor who failed to diagnose and treat my ankle for bone marrow edema...

You see, I fell in January of this year and broke my fibula. The orthopedist I was sent to was very impersonal from the beginning. A cast was place and I had x rays several times until the cast was removed the end of February.. my ankle was very swollen so I was given a walking boot and sent to... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 12, 2017

Probably not. It appears your damages would be limited to pain, suffering and some additional discomfort. That's not enough to warrant spending the amount of money it would take to prove that medical malpractice occurred. This even assumes any did occur which I am not convinced did. In... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: In Iowa can a lawyer take part of my weekly checks like 2 for me 1 for lawyer and so on
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 6, 2017

Yes. It sounds like you have a contingent fee agreement. One-third goes to the attorney. Unless you agreed to pay him/her by the hour. Did you?

1 Answer | Asked in Family Law and Juvenile Law for Iowa on
Q: I just turned 17 and my father is constantly threatening to kick me out and its happend before. what are my options?
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 4, 2017

Legally none. At least not as you've described the situation. Practically you could try doing what he says. After all isn't he paying the bills.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I passed a stopped school bus and am under the age of 18 and was wondering about the consequences?

I passed a school bus accidently. I didn't see any children exiting and saw the stop sign unfolding after I passed. I slowed down immediately and later pulled over to call local schools and the dot to report the issue.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 4, 2017

If the facts are as you describe them, nothing will happen. If the facts are different in terms of the timing of the sign unfolding you may receive a citation for failing to stop. Were you on your cell phone texting? It is not an excuse, at least not a valid one, but you might consider the question... Read more »

1 Answer | Asked in Juvenile Law for Iowa on
Q: I am a 17 year old in the state of Iowa. 18 in March. If I ran away would I be forced to come home?

I dropped out of school to work three to two jobs when my mom got sick. Back to a good full time job with $350 a week. Her boyfriend molested me and there wasn't enough evidence to arrest him so he moved back in and I moved out with my grandma. But she is just like my mom. My friends family... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 4, 2017

You'd better stick with Grandma until you are 18. You may not like Grandma, but so long as her house is safe, secure, warm, you have bed and there is food on the table - do your chores, go to work and re-enroll in school. Dropping out of school is never a wise decision. You have your entire... Read more »

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Iowa on
Q: Minor injured at work

My brother, a minor, was injured at work and had to receive stitches. No problem there, but the employers didn't inform any of his family and released him into the care of another minor (unrelated) rather than attempting to call us or EMS. Were they allowed to release a minor into the care of... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 4, 2017

Hmmmm.... Interesting question. I would love to know in which industry he was working. Probably a restaurant. No matter. The kid has a workers' compensation claim; I think you know this. But your question goes to notice to the family and if there is a duty to the family, which was breached,... Read more »

1 Answer | Asked in Animal / Dog Law for Iowa on
Q: Son(7) threw apple over fence. Neighbor dogs fought over it. Who pays vet bill?

Ottumwa, IA

Is a seven year old really responsible for the dogs' actions though?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 4, 2017

In which state did this happen? In which town or city? Let's assume for a minute that the seven year old boy is responsible. Then the boy's parents, if they have a homeowner's policy would likely by the one paying the bills, minus any deductible.

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