Topic: Need Legal Advice (Read 4764 times)

Yabrodan · « **on:** December 12, 2003, 01:21:31 pm »

My friend got hit by this dude and it was deemed his fault cause he was sticking out of the drive to much or some crap. Anyway the dude wants 1400 for a scratch. My friend has no money at all what happens if he just dosn't pay the guy. He doesn't have insurance at all in no way shape or form.

JMM · « **Reply #1 on:** December 12, 2003, 02:02:13 pm »

Check to see if the dude has a not insured motorist clause, then he could get his money but the insurance company will more than likely go after your friend, but at least insurance companies will take a payment plan settlement as some money is better than no money in their book.

Also, your friend could call around on estimates of repairs, as an ex auto tech I highly suggest he call auto parts shops for any body parts (aftermarket), the only way I would put factory is if the vehicle was less than 4-5 yrs old. Painters will not like you supplying your own parts, but they do know that work is work and everyone has the freedom to choose where they want the repairs done.

All in all though, your friend is in a bind, I would first get estimates (they are free) at some shops just to make sure the dude is not trying to rip your friend off. Sounds like this guy does NOT want to go the insurance route and is trying to get more money for himself. The dude cannot harrass your friend, and the worst he can do is go crying to his insurance company. If he does that then yes, the insurance company will be dealing with your friend, but at least they are more professional.

Of course in Texas insurance is mandatory, so we do not have many uninsured motorist accidents, and the cops do not bother finding faults, that is for the insurance companies to do.

Like I said, that dude cannot do anything himself except for small claims if he chooses to not go through his insurance. Advise your friend to get honest estimates, and then call the dude's insurance company and talk to them, as sooner or later he will have to deal with them or a court.

Yabrodan · « **Reply #2 on:** December 12, 2003, 02:20:54 pm »

Thanks I'll let him know about the possibilty of an uninsured driver clause that would allow him to deal with the insurance agency. Probably is his best bet as the guy sonds like he is going to be a real pain in the ass hes already changed the year of his car when talking to my friend.

Sethan · « **Reply #3 on:** December 12, 2003, 02:22:01 pm »

If the worst happens, and your buddy gets taken to court and loses, the guy / insurance company will get a judgement against him.

If he doesn't pay, they will put a lien on his car (so that he cannot sell it without the proceeds being used to pay the judgement). That's about all they can do (other than keep pestering him for the money).

If your friend moves to a different county, they will have to re-file the lien, too.

All this is assuming it works in PA like it does in Texas.

JMM · « **Reply #4 on:** December 12, 2003, 02:49:12 pm »

Also, J'inn can back this up since he is from the area where I had an accident during my first divorce. If your friend gets sued by the insurance company in a civil court, guess what happens if he does not pay the judgement? You got it, suspension of your license for not one, two, three, but ten frigging years or until he declares bankruptcy or pays off the judgement!

In 94 I had joint insurance with my wife, she moved to FL, cancelled me off the policy without telling me, I got in an accident (my fault) in Virginia (I was stationed at Ft. Belvoir), and later the insurance company said it was my fault even though the criminal court said no. They went to civil court in VA while I moved to TX, I was found guilty (of course, that usually happens when you cannot be there), I told them to stuff their judgement, they went to VA DPS and stuffed my license, then they informed TX and TX DPS stuffed my license (many states have an agreement now). I had to declare bankruptcy to get myself out of debt and also get that crap taken care of so I could have my TX drivers license back.

Believe me, 1400 is chump change, your friend does NOT want to take on an insurance company when he is found at fault already...

Sethan · « **Reply #5 on:** December 12, 2003, 02:51:31 pm »

D'oh! I forgot about wage garnishment. Texas is a non-garnishing state.

JMM · « **Reply #6 on:** December 12, 2003, 03:25:03 pm »

Correct me if I'm wrong Seth, but in our state the only exception is child support? I do know that you lose your licenses (drivers, hunting, etc...) if you do not ante up, I'm not sure on wages though. Guess who passed that one? You got it, good ole G.W. who is now President. While I agree with the principle of it, there are people that get bufued, like the construction worker earning 30k a year and his doctor wife earning 80k a year sued him for child support and won! I'm sorry, but 50k a year difference is more than enough to take care of rugrats, especially when she has custody.

Sirgod · « **Reply #7 on:** December 12, 2003, 04:35:33 pm »

Hehe, The poor guy Hasn't even got J'inns bill yet, and he's worried abot $1,400.00 .

Stephen

Yabrodan · « **Reply #8 on:** December 12, 2003, 01:21:31 pm »

My friend got hit by this dude and it was deemed his fault cause he was sticking out of the drive to much or some crap. Anyway the dude wants 1400 for a scratch. My friend has no money at all what happens if he just dosn't pay the guy. He doesn't have insurance at all in no way shape or form.

JMM · « **Reply #9 on:** December 12, 2003, 02:02:13 pm »

Check to see if the dude has a not insured motorist clause, then he could get his money but the insurance company will more than likely go after your friend, but at least insurance companies will take a payment plan settlement as some money is better than no money in their book.

Also, your friend could call around on estimates of repairs, as an ex auto tech I highly suggest he call auto parts shops for any body parts (aftermarket), the only way I would put factory is if the vehicle was less than 4-5 yrs old. Painters will not like you supplying your own parts, but they do know that work is work and everyone has the freedom to choose where they want the repairs done.

All in all though, your friend is in a bind, I would first get estimates (they are free) at some shops just to make sure the dude is not trying to rip your friend off. Sounds like this guy does NOT want to go the insurance route and is trying to get more money for himself. The dude cannot harrass your friend, and the worst he can do is go crying to his insurance company. If he does that then yes, the insurance company will be dealing with your friend, but at least they are more professional.

Of course in Texas insurance is mandatory, so we do not have many uninsured motorist accidents, and the cops do not bother finding faults, that is for the insurance companies to do.

Like I said, that dude cannot do anything himself except for small claims if he chooses to not go through his insurance. Advise your friend to get honest estimates, and then call the dude's insurance company and talk to them, as sooner or later he will have to deal with them or a court.

Yabrodan · « **Reply #10 on:** December 12, 2003, 02:20:54 pm »

Thanks I'll let him know about the possibilty of an uninsured driver clause that would allow him to deal with the insurance agency. Probably is his best bet as the guy sonds like he is going to be a real pain in the ass hes already changed the year of his car when talking to my friend.

Sethan · « **Reply #11 on:** December 12, 2003, 02:22:01 pm »

If the worst happens, and your buddy gets taken to court and loses, the guy / insurance company will get a judgement against him.

If he doesn't pay, they will put a lien on his car (so that he cannot sell it without the proceeds being used to pay the judgement). That's about all they can do (other than keep pestering him for the money).

If your friend moves to a different county, they will have to re-file the lien, too.

All this is assuming it works in PA like it does in Texas.

JMM · « **Reply #12 on:** December 12, 2003, 02:49:12 pm »

Also, J'inn can back this up since he is from the area where I had an accident during my first divorce. If your friend gets sued by the insurance company in a civil court, guess what happens if he does not pay the judgement? You got it, suspension of your license for not one, two, three, but ten frigging years or until he declares bankruptcy or pays off the judgement!

In 94 I had joint insurance with my wife, she moved to FL, cancelled me off the policy without telling me, I got in an accident (my fault) in Virginia (I was stationed at Ft. Belvoir), and later the insurance company said it was my fault even though the criminal court said no. They went to civil court in VA while I moved to TX, I was found guilty (of course, that usually happens when you cannot be there), I told them to stuff their judgement, they went to VA DPS and stuffed my license, then they informed TX and TX DPS stuffed my license (many states have an agreement now). I had to declare bankruptcy to get myself out of debt and also get that crap taken care of so I could have my TX drivers license back.

Believe me, 1400 is chump change, your friend does NOT want to take on an insurance company when he is found at fault already...

Sethan · « **Reply #13 on:** December 12, 2003, 02:51:31 pm »

D'oh! I forgot about wage garnishment. Texas is a non-garnishing state.

JMM · « **Reply #14 on:** December 12, 2003, 03:25:03 pm »

Correct me if I'm wrong Seth, but in our state the only exception is child support? I do know that you lose your licenses (drivers, hunting, etc...) if you do not ante up, I'm not sure on wages though. Guess who passed that one? You got it, good ole G.W. who is now President. While I agree with the principle of it, there are people that get bufued, like the construction worker earning 30k a year and his doctor wife earning 80k a year sued him for child support and won! I'm sorry, but 50k a year difference is more than enough to take care of rugrats, especially when she has custody.

Sirgod · « **Reply #15 on:** December 12, 2003, 04:35:33 pm »

Hehe, The poor guy Hasn't even got J'inns bill yet, and he's worried abot $1,400.00 .

Stephen

Yabrodan · « **Reply #16 on:** December 12, 2003, 01:21:31 pm »

My friend got hit by this dude and it was deemed his fault cause he was sticking out of the drive to much or some crap. Anyway the dude wants 1400 for a scratch. My friend has no money at all what happens if he just dosn't pay the guy. He doesn't have insurance at all in no way shape or form.

JMM · « **Reply #17 on:** December 12, 2003, 02:02:13 pm »

Check to see if the dude has a not insured motorist clause, then he could get his money but the insurance company will more than likely go after your friend, but at least insurance companies will take a payment plan settlement as some money is better than no money in their book.

Also, your friend could call around on estimates of repairs, as an ex auto tech I highly suggest he call auto parts shops for any body parts (aftermarket), the only way I would put factory is if the vehicle was less than 4-5 yrs old. Painters will not like you supplying your own parts, but they do know that work is work and everyone has the freedom to choose where they want the repairs done.

All in all though, your friend is in a bind, I would first get estimates (they are free) at some shops just to make sure the dude is not trying to rip your friend off. Sounds like this guy does NOT want to go the insurance route and is trying to get more money for himself. The dude cannot harrass your friend, and the worst he can do is go crying to his insurance company. If he does that then yes, the insurance company will be dealing with your friend, but at least they are more professional.

Of course in Texas insurance is mandatory, so we do not have many uninsured motorist accidents, and the cops do not bother finding faults, that is for the insurance companies to do.

Like I said, that dude cannot do anything himself except for small claims if he chooses to not go through his insurance. Advise your friend to get honest estimates, and then call the dude's insurance company and talk to them, as sooner or later he will have to deal with them or a court.

Yabrodan · « **Reply #18 on:** December 12, 2003, 02:20:54 pm »

Thanks I'll let him know about the possibilty of an uninsured driver clause that would allow him to deal with the insurance agency. Probably is his best bet as the guy sonds like he is going to be a real pain in the ass hes already changed the year of his car when talking to my friend.

Sethan · « **Reply #19 on:** December 12, 2003, 02:22:01 pm »

If the worst happens, and your buddy gets taken to court and loses, the guy / insurance company will get a judgement against him.

If he doesn't pay, they will put a lien on his car (so that he cannot sell it without the proceeds being used to pay the judgement). That's about all they can do (other than keep pestering him for the money).

If your friend moves to a different county, they will have to re-file the lien, too.

All this is assuming it works in PA like it does in Texas.

JMM · « **Reply #20 on:** December 12, 2003, 02:49:12 pm »

Also, J'inn can back this up since he is from the area where I had an accident during my first divorce. If your friend gets sued by the insurance company in a civil court, guess what happens if he does not pay the judgement? You got it, suspension of your license for not one, two, three, but ten frigging years or until he declares bankruptcy or pays off the judgement!

In 94 I had joint insurance with my wife, she moved to FL, cancelled me off the policy without telling me, I got in an accident (my fault) in Virginia (I was stationed at Ft. Belvoir), and later the insurance company said it was my fault even though the criminal court said no. They went to civil court in VA while I moved to TX, I was found guilty (of course, that usually happens when you cannot be there), I told them to stuff their judgement, they went to VA DPS and stuffed my license, then they informed TX and TX DPS stuffed my license (many states have an agreement now). I had to declare bankruptcy to get myself out of debt and also get that crap taken care of so I could have my TX drivers license back.

Believe me, 1400 is chump change, your friend does NOT want to take on an insurance company when he is found at fault already...

Sethan · « **Reply #21 on:** December 12, 2003, 02:51:31 pm »

D'oh! I forgot about wage garnishment. Texas is a non-garnishing state.

JMM · « **Reply #22 on:** December 12, 2003, 03:25:03 pm »

Correct me if I'm wrong Seth, but in our state the only exception is child support? I do know that you lose your licenses (drivers, hunting, etc...) if you do not ante up, I'm not sure on wages though. Guess who passed that one? You got it, good ole G.W. who is now President. While I agree with the principle of it, there are people that get bufued, like the construction worker earning 30k a year and his doctor wife earning 80k a year sued him for child support and won! I'm sorry, but 50k a year difference is more than enough to take care of rugrats, especially when she has custody.

Sirgod · « **Reply #23 on:** December 12, 2003, 04:35:33 pm »

Hehe, The poor guy Hasn't even got J'inns bill yet, and he's worried abot $1,400.00 .

Stephen

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Topic: Need Legal Advice (Read 4764 times) var addthis_config = {"data_track_clickback":true};

Yabrodan

JMM

Yabrodan

Sethan

JMM

Sethan

JMM

Sirgod

Yabrodan

JMM

Yabrodan

Sethan

JMM

Sethan

JMM

Sirgod

Yabrodan

JMM

Yabrodan

Sethan

JMM

Sethan

JMM

Sirgod

Topic: Need Legal Advice (Read 4764 times)