Frequently Asked Questions
Below are some initial questions many clients have when they first contact Lombardi Law Firm. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.
- Page 1
If an underage minor hit me head-on, can her parents’ policies be sued as well because she only has 100K of insurance?
Question Detail: I was hit head on by a 17 year old underage minor on a major highway. She was going the wrong way and cited 100% at fault. Both vehicles were completely totaled. I have already had two surgeries and need three more (back, neck, shoulders, left wrist and forearm with permanent hardware). My medical bills will be at least 200K. She only has 100K in insurance and I only have 100K in insurance. She is on her father's insurance policy. Since I am told there is not enough money available for my many injuries, can this young minor's father and mother both be held responsible for the amount of insurance they have on their policies? The car is in the father's name. What is negligent entrustment? And how might this apply?
Answer: It is impossible for me to answer your question without knowing more about the facts surrounding ownership of the car she was driving. Your claim can be filed with the driver's auto policy, the owner's auto policy and your own policies, if any. In Iowa you do not need negligent entrustment as a theory of recovery. We have a statutory provision making owners legally responsible for the driver's negligence so long as they were driving with the owner's knowledge and consent; so negligent entrustment isn't necessary. See Iowa Cod Section 321.493. This is somewhat of a complicated area of the law so you need to hire a lawyer with knowledge of how to proceed in Iowa auto insurance law and then follow your lawyer’s advice. Many people simply are not carrying enough insurance so you’re not alone.
How much settlement am I looking at for a total car wreck and personal injuries?
Question Detail: I was T-boned by a drunk driver and I am 21. She totaled my car leaving me with no car, one herniated disk in the cervical and two in the lumbar. It's been 6 months and I owe close to $18000 in medical bills, how much of a settlement am I looking forward to?
Answer: There is more here than meets the eye. You may have multiple claims to assert for insurance coverage and with the little information provided it is impossible to know how to answer your question or in which direction to go. I have questions about liability insurance claims with the other driver, or an underinsured motorist claim or an uninsured motorist claim or lastly, a dram shop claim. You may even have a workers’ compensation claim. Like I said with the little information you’ve provided it’s impossible to say.
Let me ask a question. Why are you waiting to hire a lawyer to assist you? You probably have a dram shop action and it may be too late to serve the notice. Go hire a lawyer to help you and do it this week. You are taking a huge risk doing this yourself because after the notice period runs you will no longer have a claim and no lawyer will assist you.
What if you settle a $100,000 case for $30,000, have you really saved money?
How would I know if the auto insurance would cover my lost wages? I have herniated discs.
Question Detail: I was a passenger of a vehicle when we had an accident. It has been 100 days since the auto accident, but I just finally got a hold of the Drivers auto Insurance policy. The Magnetic Resonance Imaging revealed four herniated discs that extruded material into the spinal cord column starting at the L5. How do I file claim for lost wages and how do I know if it covers it?
Answer: Your case is much too big to handle on your own. If you have 4 herniated discs you have a serious personal injury and you need a qualified lawyer. Call me. 515-222-1110 or [email protected]. Steve Lombardi
I'm the victim of a hit and run accident, should I get a lawyer?
Question Detail: I'm the victim of a hit and run accident that caused $15k in damages. I was taken to the ER with back pain. Should I obtain a lawyer?
Answer: Yes. Do you have insurance that covered you if in an auto accident during this period when the accident occurred? Is there any possibility of proving who the H&R driver is? Yes, get a lawyer. These are complicated insurance claims and your insurance company will not be on your side because you may be asking them to pay money to you.
What is the law of limitations on personal injury when the victim never filed a charge because he had no insurance?
The short answer is 2 years is the standard, but see a lawyer. You added these facts: The victim was a 19 year old hit by a semi who never reported it because his father was in fear it might get them in trouble for marijuana in his system. The father is a repeat offender and the son (the victim) is ignorant and was also afraid of the man. Now the victim can barely walk and his wife is a personal friend. Again see a lawyer, because if they injured person has a mental disability the statute of limitations may not have run.
How do I file the claim after my accident?
Question Detail: I got into a car accident and the other driver is threatening to sue me for damages. I am really scared and I feel like we are both at fault from the accident. I don't want to have to pay him anything. What can I do?
Answer: If you have insurance place your insurance company on notice of the accident by calling the agent who places your insurance; also most insurance companies have a toll free number to report an accident. If you don't have insurance stop talking to the other guy and hire a lawyer.
What should I do if an insurance adjuster offers a type of settlement?
Question Detail: What should I do if an insurance adjuster offers a type of settlement?
Answer: Accept it or reject it and negotiate or hire an attorney who is used to negotiating and pay part of it as attorney fees. Those are the basic choices. You didn't say what type of settlement so it's nearly impossible to go beyond this simple and general advice.
Should I see an attorney for my claim?
Question Detail: Should I see an attorney for my claim? Can I just file a complaint against the responsible party and work on the claim myself?
Answer: You can if you know what you're doing, but if not then hire an attorney; most will handle the matter on a contingent fee basis.
Who is at fault when we get rear-ended in a three-car accident?
Determining fault in a car accident is mostly about who did something wrong. Your cousin does not appear to be at fault. The car behind was following too close, was driving too fast for the conditions and was not driving with due care, because the driver wasn't paying enough attention to realize traffic was slowing. He probably wasn't paying attention and was distracted. The insurance for the car to the rear will be the one that covers the damages. If they refuse then see a lawyer. As for your boyfriend lying, lying is never a good idea.
Who is responsible in a hit and run accident?
Question Detail: A vehicle lost control and went into our drive way and smashed up my wife's new car and also my car. They were gone by the time we got outside and we called the police. The officer and I noticed a Hydraulic fluid trail and we followed it to a truck about 4 blocks away. It had front end damage and Paint from both our cars on its front bumper and grill, a puddle of hydraulic fluid under it too. Before I left the house I had swept up all the broken pieces from the driveway and started piecing them together. I pieced a headlight lens together and took it to the vehicle the officer placed the lens where it went. Also the truck is White and there was also White paint transfer on our vehicles. I took lots of pic of fluid trails, skid marks and vehicle damage (all) the truck looked like abandoned. A neighbor where it was at has a security camera and I'll be getting a CD copy of it. He said the truck was pushed there from the main road. I'm pretty sure the driver was drunk, but all I have is my physical evidence linking the truck to the accident and their vehicle's license #. Is the trucks owner or registered owner responsible since no one was in the vehicle when I got to it? Its headlights were on and blinking and probably from the front impact and the battery slamming around inside.
Answer: This is circumstantial evidence that links the trucks and the crash. Now the driver is another story, but you can get the link you need through interviews. The owner is responsible but only if he gave permission for someone to drive his truck. The driver is responsible for negligence. Now proving who was the driver and if permission was granted is where lawyers make their reputations. Good luck playing lawyer.