shanendoah
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Post by shanendoah on Jun 1, 2011 10:05:41 GMT -5
Swamp- Thanks for the info. I haven't check out how seriously they take no insurance in MN. The cop told DH "he doesn't insurance, but that's ok- it's what you pay extra on your premiums to cover people that drive without insurance" Gee thanks Mister ![:P](//storage.proboards.com/forum/images/smiley/tongue.png) When my car was totalled, I got the ticket and I was fighting it. I called the ticketing officer to ask him a question about the reports that the other driver was speeding. He told me that it wasn't his job to determine fault- that was up to the insurance companies. I was in such shock that I just hung up after that, but I really should have commented that by giving me the ticket, he had, in fact, determined fault. It made me mad because based on the damage to my car, the kid was obviously speeding around a blind corner (and I'm still not convinced he didn't run the light). If I had had a passenger (and trust me, I am grateful every day that I did not) the police would have had to do a thourough investigation because there would have been serious injuries. It bugs me that because we were lucky enough that no one was hurt, they get to ignore the fact that someone easily could have been. But back to you. You have USAA. They really are a class act. I know you're stressing about everything right now, but USAA really is going to treat you better than most companies out there. Relax and stop worrying unless you get a really low settlement offer (which I doubt).
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swamp
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Post by swamp on Jun 1, 2011 10:05:49 GMT -5
There is a law proposed to establish a database of insured drivers. Apparently many folks pay the first installment, get the card that says they are covered, then quit paying. The police, DMV, vehicle inspection stations, etc. could pull the database and check to see if a driver's insurace was current. However, certain groups are suggesting that the law would disproportionately impact some ethnic groups more than others, so chances are it will not get passed. NY has one.
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Deleted
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Post by Deleted on Jun 1, 2011 10:26:44 GMT -5
Turn it around and ask yourself if you would like to be sued. The guy is 19, he prob has nothing. The guy is 19 and old enough to understand the consequences of his irresponsible and illegal behavior. I wouldn't like to be sued and I pray it never happens, but I have over $2 million of liability limits and I don't run red lights.
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thyme4change
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Post by thyme4change on Jun 1, 2011 10:37:26 GMT -5
My husband got in a light accident or a bad fender bender. He had actually broken a law, so he got a ticket. There was a long line at a light, so he popped into the left hand turn lane. He crossed in front of a side street to get to the main street light - which isn't allowed. Another lady pulled into the left hand turn lane and they cracked into each other. Both needed to get repairs to stay drivable, but the whole thing was pretty minor. My husband got the ticket. We paid the deductible, and waited to see if our insurance rates would go up. Sometimes, you just have to own your mistakes and mea-culpa. Many months later we got a letter and a check from our insurance company that said they determined the accident was the other lady's fault, as she should have looked before leaping into the turn lane. They returned our deductible.
So - the person who gets the ticket isn't always at fault.
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reader79
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Post by reader79 on Jun 1, 2011 10:40:43 GMT -5
I'm being sued for $1M over a car accident. I know that the douchecanoe that hit me has been lying about what happened because our statements to the insurance company (we have the same one,) are so far off it is not even funny. But they found me at fault because I made a left turn - despite the fact that he ran the light and had no headlights on. It was his parents car as well, and they didn't have collision coverage. He's claiming that he's been permanently injured.
The lawyer from the ins company told me that it's standard practice, and that what happens in some (most) instances is that they may settle another $10K or so on him.
ETA: Cops came, put down that I failed to yield right of way, but no ticket. They didn't seem to care beyond that I hadn't been drinking.
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muttleynfelix
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Post by muttleynfelix on Jun 1, 2011 10:46:56 GMT -5
I understand this situation sucks, but I'm a bit surprised as to the level of your outrage/venom. Bad things happen to "good people" all the time. Life has many many ups and downs and you can't be protected from 100% of it. In the grand scheme of things, there is nothing truly bad here (in other words....it could have been SO MUCH worse). For your own mental health, I'd focus on the good in this situation (your DH is OK) and move on. Spending years suing some kid so you can get your $500 in bits and pieces from his future minimum wage jobs sees somewhat crazy. Believe me, if the kid is as stupid as you say he is, he is already paying the price for his decisions. His life could be much better and it will probably always suck. Eh... I had my car totalled the Monday after Christmas due to no fault of my own. It helped me to be pissed for a while. I needed it for my own mental health. Then I got over it. Yes there are reasons to be thankful - that I was not injured, my son wasn't in the car, the elderly woman who hit me was uninjured, that it was clearly the other person's fault. However, it was a huge inconvience at the time. I was without a vehicle for over a month - her insurance would only pay for a rental for 5 days past the time the settlement was offered . Yes our car had 170k miles on it, but we weren't going to find something else with 170k miles that ran as good as our car did. It is completely normal to be pissed off at something that wasn't your fault and inconviences you. ETA: Now if it were 6 months down the road, then I could see having an issue over someone being mad.
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sheilaincali
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Post by sheilaincali on Jun 1, 2011 11:51:22 GMT -5
Naggie: Yes I am grateful that my husband wasn't injured but where is the consequence to the kid? 19 is old enough to learn that there are consequences to your actions. Yes I will take the kid to court right along with his mother. According to the accident report neither one of them have insurance. Which is illegal for the both of them. I am pissed that this happened in the first place but it does not control my life.
But you are saying to just let it go. What if the accident had been worse? What if it was our work vehicle and my husband was unable to do his job now? What if it was a mini-van full of daycare kids? Are you saying that since there was no bodily injury to my husband the kid should get to walk away with no consequence? His fine will be $200 for no insurance and possible loss of his license for 14 days. Do you really think he is going to learn his lesson from that?
He doesn't have insurance and his mom doesn't have insurance. Plus he started to flee the scene until my husband ran up and wrote down his license plate number. That kid wasn't taught right from wrong at home so maybe the courts can teach him now. It's not my fault that he got in the car with no insurance and chose to drive recklessly. I refuse to feel bad for him and his stupidity.
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skubikky
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Post by skubikky on Jun 1, 2011 12:02:25 GMT -5
Do you really think he is going to learn his lesson from that? It's not up to you to teach him a lesson. What is up to you is to pursue any recovery through the channels that are available to you. 1. Your insurance company 2. Small claims court In Minnesota, Small Claims is known as Conciliation Court. # Statues: Minnesota Statues Annotated, Judiciary Statutes, Ch. 491A, Sections 1-3; Rules for the Conciliation Court, Rules 501-525. # Dollar Limit: $7,500 ($4,000 in cases involving commercial consumer credit transaction). # Where to Sue: Where defendant resides or where injury or property damage occurred. Corporation resides where it does business or has a resident agent. # Service: First class mail (certified mail if claim is over $2,500), sheriff or court-approved disinterested adult. # Hearing Date: Set by court; at least 10 days after service. # Attorneys: Allowed, although court determines extent to which attorney may participate in trial. # Transfer: By either side by demand or if defendant counterclaims for more than $3,500, case tried under regular civil procedure of County Court. # Appeals: By either side for new trial; to district court within 20 days. (Jury trial permitted upon appeal). # Special Provisions: No cases involving ownership of real estate. No jury trial. No pre-trial attachments or garnishments. Court may order installment payments. Defendant must file counterclaim within 5 days before start of trial. Educational institution may bring actions to recover student loans, even though defendant is not a county resident. ..that be it..
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skubikky
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Post by skubikky on Jun 1, 2011 12:04:28 GMT -5
"Court may order installment payments."
And here my friend, is the rub.....
The court can order whatever remediation that the judge determines. Getting that remediation to actually happen is a whole nother thing.....
DH and I have been to Small Claims court numerous times over the years to seek recovery from delinquent tenants. Got favorable judgments each time.
Out of those, only got joy one time. Recovered $1000 from the guy that built our home and failed to finish certain items in the contract. We put a lien on a property that he was to build on.
You'll need to see if you can get anywhere with the defendants mother(if she has insurance). If not, it might be difficult to get any relief.
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thyme4change
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Post by thyme4change on Jun 1, 2011 12:07:57 GMT -5
Well - even if the judge does order something and you never collect, it can be a huge PIA for the kid and the Mom, and there is a shot that they might learn something. They might not - they might be the kind of assholes who "bad things keep happening to" - you know - like it is your fault that he hit you and you guys are the jerks for suing. You won't ever know - but at least you can tell yourself that you made their lives a little more difficult.
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sheilaincali
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Post by sheilaincali on Jun 1, 2011 12:09:08 GMT -5
skubikky: Thanks for the info. I found the county he lives in and talked to the court administrator there. Found out the filing fee- $70 and was directed to the mncourts website to print off the necessary forms to fill out and file. They are running approximately 3 weeks out for hearings so if I file this week I should have my court date before July. All I am going to take him to conciliation court for is for the $500 deductible, the $70 filing fee and that's about it.
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alabamagal
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Post by alabamagal on Jun 1, 2011 12:09:36 GMT -5
sheila - as all others have stated, USAA is great with their claims. Just talk to the person settling the claim and describe any reasons why you think you may deserve more value for the truck. We had a minivan totaled and they paid out a very fair amount. They increased the payout to include sales tax. The only issue we had with them is that when our van carshed, one of the bucket seats was not in it. USAA had the vehicle towed 200 miles to a big city to do the claims assessment and they discounted the value of the van by $200 because of the missing seat. I called them and told them that I would be willing to put the seat back in, but since they moved the car, I was unable to. They agreed and added back the $200.
In our case, the drivers involved were all insured. USAA originally paid us the value of the vehicle minus the deductible. Then they offered us a settlement if we agreed not to sue any of the insurances involved that was equal to our car deductible, plus all the medical deductibles (my son had minor injuries), plus another $1000.
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sheilaincali
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Post by sheilaincali on Jun 1, 2011 12:11:26 GMT -5
thyme: That is DH's opinion. He figures in the end we will be out the $500 and the $70 filing fee but he says it's worth it anyway.
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thyme4change
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Post by thyme4change on Jun 1, 2011 12:12:25 GMT -5
You could throw on the difference between the first offer for settlement from USAA and what you think the replacement value actually is. Then, if USAA ups their offer and you are whole, you can pull it off the table during your hearing.
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Wisconsin Beth
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Post by Wisconsin Beth on Jun 1, 2011 12:23:24 GMT -5
Turn it around and ask yourself if you would like to be sued. The guy is 19, he prob has nothing. The guy is 19 and old enough to understand the consequences of his irresponsible and illegal behavior. I wouldn't like to be sued and I pray it never happens, but I have over $2 million of liability limits and I don't run red lights. I used to work with a woman who's 2nd son never got his driver's license. Drover the family cars all the time, got several DUIs and lots of fines. Last I heard, still no license, still no insurance for him and still driving the family vehicles. He's about 25 now. Oh, and the world's against them, so yeah, I'd be looking at options too.
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Phoenix84
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Post by Phoenix84 on Jun 1, 2011 12:25:32 GMT -5
I'm no expert, but here's my understanding.
You can go after the kid legally but your insurance company will probably do that anyway. I'd probably just have the insurance company pay you and let them deal with the hassle and expense of getting their money back.
The kid probably has little or no assets so there's probably not much that you or the insurance company can get out of him. It may not be worth the time and expense to do so for only a few thousand dollars. What may happen is the insurance company may impose a payment plan on the kid, but that's assuming he has a job. If he pays up you may get your deductable back. Your insurance adjuster could probably answer your questions better than most of us here.
Your transmission work makes no difference for the accident that just happened. The replacement cost assumes the car is in working order.
If the repair cost exceeds the replacement cost, the insurance company will cut you a check based on the current market value of the vehicle.
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oreo
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Post by oreo on Jun 1, 2011 12:27:02 GMT -5
If you take money from the insurance company, I think you can only sue for your deductible. I don't know if you can sue on behalf of the insurance company for the money they are out (even if you plan to pay it back to them). You should definitely sue for your deductible. You might have a hard time collecting it but the guy will probably have a job at some point so you should get your money eventually. You can also sue the mother if the car was in her name.
I have an $8000+ judgment against a lady for fraud and I get about $50/month. I'll be like 100 when this thing is paid off but at least she is still paying it off.
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skubikky
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Post by skubikky on Jun 1, 2011 12:30:51 GMT -5
Well - even if the judge does order something and you never collect, it can be a huge PIA for the kid and the Mom, and there is a shot that they might learn something. Maybe not. The reality is, if a judgment is granted, it will be up to the claimant to pursue payment. If payment isn't made then they'd have to begin the process of getting a wage garnishment. There are limits that protect the defendant and on an on. You'd have to decide to what extent you're willing to go and if it's truly worth your time.
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Phoenix84
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Post by Phoenix84 on Jun 1, 2011 12:31:32 GMT -5
"Are you saying that since there was no bodily injury to my husband the kid should get to walk away with no consequence? His fine will be $200 for no insurance and possible loss of his license for 14 days. Do you really think he is going to learn his lesson from that?"
It's not up to you to punish him for bad behavior. That's up to the law to determine the penalty for driving without insurance. All you need to be concerned about is being made whole from the accident.
Don't try and take the law into your own hands. You'll just end up disapointed. Maybe he will just get a slap on the wrist for driving without insurance, but that's the law of the land and you have to abide by it.
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happyscooter
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Post by happyscooter on Jun 1, 2011 12:32:43 GMT -5
oreo, does that go on their credit report? someone told me it did.
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Clever Username
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Post by Clever Username on Jun 1, 2011 12:45:36 GMT -5
Regarding blood and tunips, do you want to be the cause of his/her/their future bankruptcy?
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Jun 1, 2011 12:54:38 GMT -5
When I got in a wreck, the lawyer told me I could sue, but I should really consider the costs of keeping a lawyer, the court costs and the time involved in trying to get the judgement and then getting it enforced.
With the damages to my car it would have cost more to sue the guy. Any money I got would have been eaten up in fees, not to mention all the time off work I would have had to take to pursue it.
Sure it would have felt good to burn the bastard, at least until I started getting the legal bills from my end of the stick.
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sil
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Post by sil on Jun 1, 2011 13:41:15 GMT -5
Turn it around and ask yourself if you would like to be sued. The guy is 19, he prob has nothing. ***************************************************************************** Regarding blood and tunips, do you want to be the cause of his/her/their future bankruptcy? ***************************************************************************** Sorry, I don't really get this mentality. His negligence caused damages to OP, he should be responsible for paying those damages. I totally understand if OP doesnt pursue this, as sueing will likely be much effort and legal bills for little gain, but I don't understand this guilt-tripping of the OP for wanting reimbursement for her damages.
My kids have zero net worth, but if they bust the neighbor's window with a baseball, we'd pay for the repairs upfront and then deduct their allowances until they cover the damages. Why should adults be held to a lower standard?
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midjd
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Post by midjd on Jun 1, 2011 13:46:04 GMT -5
Yeah, I don't think anyone "likes" to be sued, but if your negligence (or action) causes someone harm, you should at the very least expect it...
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❤ mollymouser ❤
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Post by ❤ mollymouser ❤ on Jun 1, 2011 14:00:36 GMT -5
Thank you all for your advice and kind words. It always amazes me how many people skate through life ignoring common sense laws like having insurance. The cop asked DH is he really wanted to go on record with the fact that the kid ran the stop sign. DH said "Of course" Cop said- "well then you will have to be willing to go to court and state that to a judge" DH said "give me the time and place and I will be there!". Sounded like the cop was trying to talk DH out of charging that the kid ran the stop sign. In summary- We can negotiate with the insurance company over the value of the truck. We probably won't get any compensation for the now useless topper or the transmission work. They will deduct our $500 deductible from whatever value they assign to the truck. And we can sue the kid for our $500 deductible and any out of pocket expenses we incur but that's a gamble since he is probably broke. Am I missing anything? Thank you all again for your advice. I knew that you all would be able to point me in the right direction. You can sue the driver of the vehicle AND the owner of the vehicle... and I would... even if it's just Small Claims Court. Once you win, you can record the judgment which is good for 10 years (and which can be renewed for a second 10-year period.) Eventually, you should be able to collect from one or both of them ... but it could take time.
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sheilaincali
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Post by sheilaincali on Jun 1, 2011 14:00:42 GMT -5
It's not up to you to punish him for bad behavior
I don't plan to punish him that's for the courts to do. They will likely ticket him for his failure to have insurance. They will probably ignore the failure to stop ticket.
I am out at a minimum my $500 deductible, the difference between the totaled value of the old truck and the purchase of a new truck, plus any insurance rate increases that incur.
USAA will go after him for the money they are out. It's up to me to get my deductible back- I fully understand that. What I don't understand is all the backlash over me wanting to take him to small claims court for that $500. Basically you are telling me to drop the whole thing and sit on my hands until my insurance company offers me a settlement so I don't hurt his feelings? Oh poor 19 year old grown adult who "accidentally" forgot to buy insurance and "accidentally" forgot to stop for the freaking stop sign. Should I just pat him on the head and tell him to not do that again?
I am not one of the YM millionaires with money invested out my ass. $500 is a lot of money for me. Plus the money I will have to spend to find a new vehicle for my husband to drive. I am going to make a reasonable effort to be compensated for that. I am sorry if some of you disagree but when the shoe is on your foot than you can be the bigger person and wish the kid well in life and walk away.
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❤ mollymouser ❤
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Post by ❤ mollymouser ❤ on Jun 1, 2011 14:02:11 GMT -5
By the way, depending on YOUR income level, you can apply for a waiver for court filing fees. It might be worth asking about.
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Formerly SK
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Post by Formerly SK on Jun 1, 2011 14:04:18 GMT -5
Yes, but her damages are her deductible...which she chose. She could pay a higher premium and have a $100 deductible...or a lower premium and have a $1000 deductible. At one point the OP did a cost/benefit analysis and decided if she got in an accident (regardless of fault) that it was worth it to have the $500 deductible. If a person doesn't want to pay a single red penny in the case of an accident then they should have their policy (and premium) reflect that.
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thyme4change
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Post by thyme4change on Jun 1, 2011 14:06:23 GMT -5
Sheila - I think you are doing the right thing. I also think you are being realistic enough to know that it might not be a benefit to you. It is worth it to try.
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Formerly SK
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Post by Formerly SK on Jun 1, 2011 14:06:37 GMT -5
"I am not one of the YM millionaires with money invested out my ass. $500 is a lot of money for me. Plus the money I will have to spend to find a new vehicle for my husband to drive. I am going to make a reasonable effort to be compensated for that. I am sorry if some of you disagree but when the shoe is on your foot than you can be the bigger person and wish the kid well in life and walk away. "
Hence the overly litigious society we have today.
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