What to do if some years ago my daughter was involved in an accident with a school bus and the owner the vehicle that she was driving had no car insurance?

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What to do if some years ago my daughter was involved in an accident with a school bus and the owner the vehicle that she was driving had no car insurance?

She was driving another person’s car with their permission. There were no injuries, she was broadsided by the bus which totaled the car, but caused $1700.00 damage to the school bus. She was cited for failure to yield, which could have gone either way. A law firm has threatened to do a asset investigation if necessary. I am trying to help her out since she is still unemployed by making payment arrangements, but they refuse to reasonable payment amounts. Can they conduct such an investigation? What are my options to get this resolved?My wife and I can only afford $100.

Asked on May 30, 2013 under Accident Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Assuming that the statute of limitations has not passed, a lawyer for the school district or bus company or other damaged/injured party can look to initiate legal action if your daughter does  not pay, including using legal mechanisms (e.g. subpoenas) to look into what her assets are and what she could pay. An injured party or its attorney is not required to enter into what the at-fault driver (or her family) thinks is a "reasonable" payment arrangement, but may take various legal actions if they do not receive what they consider an appropriate settlement. From what you write, it appears that they may do this.


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