[OT, Personal] I need a lawyer!
- Thread starter Ashrem Bayle
- Start date
Ashrem Bayle [Home]
First Post
From Krissy
I've read all of your responses and I just want you to know that I appreciate all of your kind words and wishes. Please remember us in your prayers. You will all be in mine for your consideration. It makes me feel good that my husband has people like you that he can confide in and talk to. Thanks again...Krissy (Ash's wife).
I've read all of your responses and I just want you to know that I appreciate all of your kind words and wishes. Please remember us in your prayers. You will all be in mine for your consideration. It makes me feel good that my husband has people like you that he can confide in and talk to. Thanks again...Krissy (Ash's wife).
JohnNephew
First Post
I don't know about your state, but in Minnesota we also have to have "uninsured/underinsured motorist" coverage -- coverage that protects us if a person in the accident with us didn't have insurance (which, if they're in Minnesota, is illegal,--but that doesn't help you when a drunk with a revoked license decides to go four-wheel-ice-skating down a winter road at you). If you have such coverage, this might put you in the odd position of suing your insurance company, if they didn't cover you well enough, even if there isn't any money to be gotten from the woman who caused the accident. If you're consulting an attorney, I'm sure he or she will know all the angles.
Be sure to check into tax deductibility of any losses that aren't covered by your insurance, however it plays out. Isn't there a place in itemized deductions for losses from theft, vandalism, catastrophe, etc.?
As others have said, this really sucks, and you have all our sympathies.
Be sure to check into tax deductibility of any losses that aren't covered by your insurance, however it plays out. Isn't there a place in itemized deductions for losses from theft, vandalism, catastrophe, etc.?
As others have said, this really sucks, and you have all our sympathies.
RangerWickett
Legend
I don't want to sound rude, but at least briefly consider the other woman's dilemma as well. I doubt she intended to cause any harm; it was an accident. She's probably in a fair amount of trouble already for driving without insurance, so unless you feel that she can afford it, try to consider how much a legal suit might hurt her too.
Accidents suck, for both parties, and though a decent person should try to help out someone they cause harm to, not everyone has the luxury. My girlfriend at college accidentally bumped a cyclist who tried to pass her when she was making a turn. She barely hit the guy, and didn't even knock him over, and promised to help pay to repair his bike (even though she's taking out huge loans; art school ain't cheap). The guy at first was cool with it, but he called up a few days later on the advice of his lawyer, saying that my girlfriend owed $3000. It was messy, and a lot of bad blood came from what was honestly just a simple mistake.
Just trying to play devil's advocate, so please don't think that I'm accusing you of being greedy or anything. I hope things work out for the best, and if she can afford it, hopefully she'll feel obligated to help you out. Best wishes.
Accidents suck, for both parties, and though a decent person should try to help out someone they cause harm to, not everyone has the luxury. My girlfriend at college accidentally bumped a cyclist who tried to pass her when she was making a turn. She barely hit the guy, and didn't even knock him over, and promised to help pay to repair his bike (even though she's taking out huge loans; art school ain't cheap). The guy at first was cool with it, but he called up a few days later on the advice of his lawyer, saying that my girlfriend owed $3000. It was messy, and a lot of bad blood came from what was honestly just a simple mistake.
Just trying to play devil's advocate, so please don't think that I'm accusing you of being greedy or anything. I hope things work out for the best, and if she can afford it, hopefully she'll feel obligated to help you out. Best wishes.
As a police officer, I can tell you right now that this is exactly why I always cite people for failure to carry mandatory insurance on their vehicles. Because of situations like this. If you can't afford insurance, you can't afford to drive. Period. Get a copy of the bus schedule. Purchase a bicycle. Walk. Because driving obviously is not an option for you at this point.
Ashrem, let me also go on to say that there isn't much for you to do from a criminal standpoint. While I'm not all that familiar with the revised statutes of Alabama, I do know that traffic law is fairly similar across the nation. If the police were called to your accident, then they most likely issued the other driver a citation for failure to have mandatory insurance. In cases of injury accidents, that typically constitutes a criminal offense (misdemeanor of some sort). That said, you don't need to press charges or go bothering the police. They likely handled it to the extent that their policy allows.
I emphasize this because I've had motorists ball me out before because they felt that I should make an in-custody arrest or something because the other driver is not insured. They felt like I was letting the guy off the hook. It's a small crime in the scheme of things. Very small. A citation is about all that's going to come of it. Don't get too bent out of shape if it seems like the police aren't doing much about it. That's the way of things. If the other driver has warrants, that's cool, but again, nothing that you can do about it.
It's a civil matter, plain and simple. Contact a lawyer if you want, but it probably won't do any good and will just cost you more in the long run. As much as it may piss you off, this person's going to skate by with little fiscal responsibility for the accident she caused. Take this up with your insurance company. Like someone else said, look into uninsured/under-insured motorist coverage. It may seem like a crock to pay for the other guy, but it'll save you in situations like this.
Oh, and as far as the value of your car goes, that's the pisser about buying a car. It's probably the worst investment you can make, because the damn thing is bound to depreciate like a rock sinking to the bottom of a lake.
Like I said, I hate uninsured drivers. Mostly because there's not much you can do to stop them or hold them accountable.
Gaius
Ashrem, let me also go on to say that there isn't much for you to do from a criminal standpoint. While I'm not all that familiar with the revised statutes of Alabama, I do know that traffic law is fairly similar across the nation. If the police were called to your accident, then they most likely issued the other driver a citation for failure to have mandatory insurance. In cases of injury accidents, that typically constitutes a criminal offense (misdemeanor of some sort). That said, you don't need to press charges or go bothering the police. They likely handled it to the extent that their policy allows.
I emphasize this because I've had motorists ball me out before because they felt that I should make an in-custody arrest or something because the other driver is not insured. They felt like I was letting the guy off the hook. It's a small crime in the scheme of things. Very small. A citation is about all that's going to come of it. Don't get too bent out of shape if it seems like the police aren't doing much about it. That's the way of things. If the other driver has warrants, that's cool, but again, nothing that you can do about it.
It's a civil matter, plain and simple. Contact a lawyer if you want, but it probably won't do any good and will just cost you more in the long run. As much as it may piss you off, this person's going to skate by with little fiscal responsibility for the accident she caused. Take this up with your insurance company. Like someone else said, look into uninsured/under-insured motorist coverage. It may seem like a crock to pay for the other guy, but it'll save you in situations like this.
Oh, and as far as the value of your car goes, that's the pisser about buying a car. It's probably the worst investment you can make, because the damn thing is bound to depreciate like a rock sinking to the bottom of a lake.
Like I said, I hate uninsured drivers. Mostly because there's not much you can do to stop them or hold them accountable.
Gaius
Ashrem Bayle
Explorer
I'm hoping we get enough from pain and suffering to cover the cost of a car. If we do, I doubt we will take legal action.
I have no idea what the woman is like. She could be dirt poor or filthy rich, I have no idea.
At this point we have to just sit and wait. Three weeks later, the insurence company is JUST NOW sending out the paperwork.
Thanks for chiming in Gaius. I see what you are saying.
I have no idea what the woman is like. She could be dirt poor or filthy rich, I have no idea.
At this point we have to just sit and wait. Three weeks later, the insurence company is JUST NOW sending out the paperwork.
Thanks for chiming in Gaius. I see what you are saying.
MonkeyBoy
First Post
"And a ton of people don't bother to get it, figuring they will never need it. I could name four people I personaly know off the top of my head with no car insurance and still drive."
This is why, in the UK, you have to licence your car each year, and display a valid licence disc. If you don't the police can see it while driving past you and proceed against you (penalty, i think, is around £2000 plus confiscation of vehicle...).
In order to get you disc, you have to produce a valid certificate of insurance... (and valid motor vehicle operability certificate, which ensures vehicles on the road are safe too)
Sometimes big brother is actually watching OUT FOR you
Anyway, here's hoping your insurance company come good for you
This is why, in the UK, you have to licence your car each year, and display a valid licence disc. If you don't the police can see it while driving past you and proceed against you (penalty, i think, is around £2000 plus confiscation of vehicle...).
In order to get you disc, you have to produce a valid certificate of insurance... (and valid motor vehicle operability certificate, which ensures vehicles on the road are safe too)
Sometimes big brother is actually watching OUT FOR you
Anyway, here's hoping your insurance company come good for you
