Re: Syclone 614=0...VA drivers=1 (pic added for you carnage fans)
blk00z28 said:
So what are you going to do about the other driver?
I dont have to do anything personally. I'll explain below :tup: .
Have you found out if he has anything of personal property yet?
He owns another car but has no other personal assets that I could locate (Mrs myclone can look up mortgage info...he has no property with his name on it).
You know. Because if you bring him to court over this. Thats the first thing they will want to know. If he has another car, odds are they will make him sell it to clear the debt with you.
Im no lawyer but I dont believe they can force him to sell anything. Now I can attach a lien to his house (if he had one) or to his car however, being that his other car is worth maybe 900 bucks on a good day that wont get me any money. No one will buy a ~$900 car with a ~$4k lien on it so he will just drive it till it quits and then park it or abandon it. By the time it would be sold it might bring ~$150 which isnt even worth my time or gas money to persue that avenue.
I could take him to court and garnish his wages but technically speaking Im not out any money as far as the cost to repair my truck (yet). When I had the ins lady on the phone she informed me I had a $1k deductable, which is incorrect BTW, to which I informed her that I had actually
read my insurance policy and according to their (my ins co) terms my deductable is $0, zip, nada, etc should I have to file a claim against the uninsured motorist portion of my policy. With all that being said and assuming my ins covers all costs I really dont have anything to sue him over (not that I wouldnt mind seeing him squirm for being a non bill paying knuckle head but I'll get to that in a minute....his Christmas will suck...trust me).
I'll admit, I've been late on paying insurance for 2 months before due to no job and no funds to cover rent and insurance in the same month. It makes you drive a lot more carefully believe me. And I know if something ever happened I'd be shit out of luck fast. And thank god nothing has/did happen.
I hear ya man...BTDT myself when I was young and getting by the best way I knew how. Just keep this in mind. Hypothetically speaking lets say the guy that hit me was going 65mph rather than the ~35mph he actually was. I would have been injured, Im sure, to the point I would have been out of work for several weeks which would have put me in a financial bind since I would have to be 100% or my employer wont let me back at work ("light duty" does not exist where I work). Im the primary income in my house....Mrs myclone cant make ends meet by herself at this point which would mean if I was hurt for an extended time I could lose my house, my credit is ruined, my savings gone, my child support gets behind, my child goes hungry, I go hungry, and to top it all off I'll prolly have tens of thousands of dollars in medical bills staring me in the face with no way to pay.
All because someone didnt do the things that need to be done by a
responsible adult to pay their insurance. Yeah, I could sue him but with all of the above where am I going to get the money for a lawyer...assuming Im in a condition health wise to go to court? Im screwed royally....all because someone just HAD to buy a twelve pack every day with their cash or were too lazy to work OT/a second job (like I do) when something needs paying for...like their ins.
Assuming I was in a position to sue then if the guy has nothing you dont get anything...which doesnt help either. Yeah, I'll feel better about ruining his life temporarily but he could file bankruptcy and be in WAY better shape than me in just a few years. I could garnish his wages but when you make ~$12/hr that doesnt allot me much cash to try to rebuild my life as well as pay off huge medical bills. At least in the state of VA you can only garnish a percentage of another persons wages...the less they make the less you can garnish. The guy that hit me might have made $13/hr (I doubt it) which would have gotten me 150 bucks every week...if that.
I dont wanna sound like anyones parents here but if at all possible keep those insurance bills paid...you could very easily ruin someone elses life (and their families) permanently and ruin your own. Not to mention you are the one who has to wake up and look at yourself in the mirror every day with that on your conscience.
Just be aware blk00z28 that Im not harping at you in particular just putting out there what can happen should
anyone not have ins for whatever reason. Like I said...Ive BTDT myself a long time ago when I was in a bind and Im thankful that nothing happened to me either.
Does your state have the law to where a driver caught without insurance loses their license for up to 1 year? And could face jail time? If not that sucks. But if your state does. I'd force the no license issue to your lawyer if you contacted one already. (Which I'd assume you have.) If he gets caught driving without a license he'll face jail time, a felony charge at that. And seeing you said he works for a place and drives their car. That'll screw him up with his job as well. And make him remember how he ****ed up in the past with this.
Heres the short version....
In the state of VA if you are caught or involved in an accident without ins the DMV sends you a bill for $500 which is what it costs to get tags and not have ins....its called the "Uninsured Motorist Fee". And thats just the DMV part of it....my ins will go after him for their losses as well.
My insurance company will send a request to the VA DMV to check Mr paynes insurance status on the accident date and when state farm informs the DMV that Mr payne had no insurance on that day the DMV will automatically send him the uninsured motorist bill in the amount of $500. If he doesnt pay in 30 days the DMV sends him a reminder letter and if after another 30 days he still hasnt paid the $500 his drivers lic will be suspended automatically. No more notices, no phone calls, no nothing...DMV suspends his lic and should his tag get ran by a cop for whatever reason it will come back as the possible driver of that car having a suspended operators lic. If he's behind the wheel he goes to jail for operating a motor vehicle without a lic, his car gets towed/impounded, and he will generally have a crappy day.
Thats just the drivers lic part....my insurance will go after him in court to recoup 100% of their losses. Right now a guestimate of the damages is $3800-$4800 depending on what I can get the replacement parts for and what it will cost me to have the paint work done. I just dont have the facilities to do nice paint work here at home so that will have to be farmed out. The mechanicals I prefer to do myself anyways but everything he tore up wasnt cheap in the drive line...the axle he bent is aftermarket (Moser) as well as the wheel and tire he tore up. Since the axles are C clip type I want to tear into the diff/posi to make sure everything is ok in there too since I really wouldnt want to lose an axle while going down the track at speed due to something being broken inside the housing.
So lets add it up...
Judge fined him $500 for running the red light not having ins.
VA DMV is going to nail him for another $500
Lets split the difference and say my ins writes a check for $4300 to repair my truck.
He may hire a lawyer to represent him in court when my ins sues him...~$1000
He's now out $6300.00 and thats not counting the fee for getting his lic reinstated, the impound fee when he gets stopped for driving with no lic, the tow bill, the fine and court cost of the ticket for driving on a suspended lic, lost time from work, and Im sure there would be some other stuff in there that would cost him $40 here and $60 there. It could very easily add up to over 7 grand....that'll ruin a persons month wouldnt you say?
All because he didnt pay his bi-anual ~$350 insurance premium. Pay ~$350 twice a year or pay ~$7000 all at one time? Doesnt take a rocket scientist to figure out which one of those numbers that would be easier to write a check for :tup: .
:2cents: