“Good Morning” Q&A on Davidzon Radio 620AM with Irene H Gabo

 In Bankruptcy, No Fault Insurance, Switching Lawyers

Irene H Gabo answers Audience Q&A on Natasha Bystritskaya popular “Good Morning” show on Davidzon Radio 620AM. The areas covered included bankruptcy, child settlement, lost wages, surgery, switching attorneys, accidents in different state, and hit and run.

Listen to the Broadcast:

Q&A Transcript

I filed for bankruptcy after my case started, will I be able to keep any money from the settlement?

When your bankruptcy attorney files the bankruptcy application he/she must list your personal injury litigation as one of the assets and ask for a certain amount to be set aside as an exemption. The number varies, but this is amount you can receive even if there is a bankruptcy filing, after motion made at the end of your case by the trustee. In addition, if the creditors at the end of the case fail to collect whats owed to them, you might be able to get that money back to you.

How can a child get money for a car accident if he can’t have a bank account, where does the money go?

A child cannot receive money from a settlement, without first going with his parent or guardian before a Judge, who must approve the settlement and where the money gets deposited. The Court will ask for a parent or guardian to open a savings account at a savings bank, since they earn better interest. The judge will then issue the order that when the settlement check is issued that it is issued jointly to the parent/guardian and officer of that bank, so no one can touch the money until the child turns 18, after which time he or she can go to the bank and withdraw the money.

How do I prove my lost wages from a car accident if I am self employed?

There is a self employment verification form that the injured person must fill out, called NF&, where he states previous years’ income, time out of work and amount of money lost. Insurance company will likely look at 2-3 prior years’ 1099, as well as any letters from clients or contractors who can confirm that they had a job for the injured person, that he/she was unable to take on due to the accident.

Doctor is telling me to have surgery after the accident but I feel like they just want to bill the insurance, what do I do? I am afraid to have surgery.

My advice is take your MRI or X-ray and get a second opinion from another orthopedist. If he agrees with your doctor, perhaps you really do need the surgery, but you don’t need to do it if you are afraid. Most arthroscopic surgeries are routine these, days with small incisions that barely leave a scar and people prefer to do the surgery they need while the car insurance paying for it. Because if you’ll need the same surgery in two years, and you have no insurance, there will be no one to pay for it. However, do your research about the doctor and his credentials before you schedule the surgery.

Can I change attorneys if my case has been dragging in court for 5 years and still no end in sight?

You can change attorneys at any time if you are not satisfied with your representation, however, it is possible that getting an attorney to take the case 5 years after someone else has been handling it might be difficult. What is the reason its dragging? Perhaps defendant has no insurance, perhaps defendant passed away, maybe several additional defendants were added to the lawsuit later on? The attorney you are looking to hire may turn it down because mistakes could have been made in the 5 years came has lingered and fixing them now may not be possible.

I live in NJ, but work in New York, and had an accident in New York. Now my insurance carrier placed my policy under investigation, because they think I live in NY? Can you help?

Because insurance in NJ and PA is typically cheaper the insurance agents always worry about fraud, such as person buying policy under his mother’s address in NJ but living in New York. The easiest way in this case to prove that you live in NJ is utility bills, copy of deed in your name as well EZ pass statements that will show you leaving NJ and entering NY and going back later on daily basis. If you ride a bus or a train to New York, get a printout of the monthly pass purchase.

Car hit my parked car, while I was in it, and ran away. I was not wearing a seat belt. Is this going to prevent me from making a claim?

If you were sitting in a parked car and the engine was not on, you need not wear a seat belt. Even if the engine was on and the car was in parked position, the car that hit you is still 100% at fault.

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