QUESTION

I was in a motorcycle accident, can I get the person's disability payments?

Asked on May 10th, 2012 on Personal Injury - Nebraska
More details to this question:
A lady with no insurance,no job, no assets, and on disability failed to yield the right away and pulled out in front of me. I ran into her with my motorcycle and was hospitalized for a couple hours. I was lucky to walk away from something like that but my question is, since she has no way to pay for anything. Can I get a hold of her disability payments or get her car for payment?
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1 ANSWER

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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It may be possible to get her "disability payments" or her vehicle to reimburse your for your injuries and medical expenses. Unless she voluntarily pays you, you would first have to sue her and obtain a judgment. You then would have to try and collect on your judgment. As this Law Area is "Auto Accident" the various methods and procedures to collect a judgment is beyond the scope of this topic. In general, you can try to garnish her bank account or try to have her vehicle seized and sold. You need permission from the court to obtain the vehicle. Bank accounts with only "Disability payments" in them are usually exempt from garnishment. If you have Uninsured Motorist coverage on your motorcycle you can collect for your injuries and medical expenses from your own insurance company under this coverage. You should contact an attorney to discuss your rights and how you might be able to collect money for your accident.
Answered on May 11th, 2012 at 12:21 PM

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