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Help, legal question... basicaly (long)

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Aandidar
Sir Postalot
Sir Postalot


Joined: 23 Oct 2002
Posts: 1182



PostPosted: 02/20/04 - 22:26    Post subject: Help, legal question... basicaly (long) Reply with quote

Ok, here's the short version.

I'm travelling west-bound on a road, I come to an intersection, get into the turning lane. The light turns yellow (there is no turn signal at this light, so I turn when it goes yellow) I'm half way through my turn when the light turns red.

A car travelling east-bound, same road, runs through the red and hits me on the front side passanger side. We both get out of our cars and walk over to where we hit to look at the damage. My car has cosmetic dmg (thx buick for building tanks) his little geo is total'd. Radiator cracked, spitting out water, engine stalls.

There was a police officer north bound on the intersecting road behind a few cars, waiting for green. He turns on his siren and starts to come through traffic to get to the accident. Guy and myself turn to our cars for what I assumed was to get licence and registration. I get into my car to get mine, open my glove box and start shuffling through papers.

I look up and notice guy is walking past my car. I look at him questioningly and he holds out his hand toward the traffic and looks at me. I think ok, he's stopping traffic so we can get out of the road. Pretty standard for an accident. I look down to start my car and shift into drive. I look up to make sure he has traffic stopped and.... he's not there.

There is a woman standing on the corner of the intersecting waving her arms at me shouting "He ran" "He ran that way" pointing off in the direction she saw him running. At this point he's out of sight so the police officer that just now got there couldn't go after him. He didn't even know he wasn't there. He asked me if my car was driveable and if I could get it off the road. He then asked me where the other driver was. I told him He ran... that way.

He says ok, if you can please drive your car to a safer location than the middle of the road. The two cops that took the report were really nice and considerate. I was un-nerved by the wreck and the guy running really set me off even more. I doubt I was coherent for a couple minutes. They calmed me down and asked me to get my insurance/registration/licence.

So we're doing the report when I ask the Officers if theres anyway to tell if the vehicle is insured. The Officer then goes to the car and gets in the glove box. There is no insurance in the glove box. It turns out that the car is owned by a person other than the guy that was driving it, a female.

The Officers then run her though their system and find out that the female was in fact cited and given a ticket for not having insurance just last week. So most likely there is no insurance on the car that hit me. My insurance will not cover the dmg due to the fact that I do not have un-insured moterist, just liability.

So at this point all we know is the name of the owner of the vehicle. The police are going to investigate and question the owner. The car was not reported stolen BEFORE the accident. If she says it was stolen it'll be a matter of if the police believe her.

Now the question part: How do I go about independantly sueing these bastards since my insurance won't take part? Cause I don't want to pay for something that wasn't my fault Evil or Very Mad
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themy
Sir Postalot
Sir Postalot


Joined: 14 Oct 2002
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PostPosted: 02/20/04 - 22:36    Post subject: Reply with quote

first things first get a lawyer. i dunno what state you are in but you will positively need a lawyer who knows the laws of your state. Second your insurance will still pay for the dmg once you get a lawyer and then you can sue the lady and the guy if she divuldges who it is. make sure to visit the doctor to get a higher claim out of it ^^
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wellspoken
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PostPosted: 02/20/04 - 22:38    Post subject: Reply with quote

Ask a lawyer maybe?
They will usually provide info at no charge about what you could do.
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wellspoken
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PostPosted: 02/20/04 - 22:39    Post subject: Reply with quote

themy wrote:
first things first get a lawyer. i dunno what state you are in but you will positively need a lawyer who knows the laws of your state. Second your insurance will still pay for the dmg once you get a lawyer and then you can sue the lady and the guy if she divuldges who it is. make sure to visit the doctor to get a higher claim out of it ^^



Not if he only has liablity, that only covers the person you hit.
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Aandidar
Sir Postalot
Sir Postalot


Joined: 23 Oct 2002
Posts: 1182



PostPosted: 02/20/04 - 22:52    Post subject: Reply with quote

wellspoken wrote:
themy wrote:
first things first get a lawyer. i dunno what state you are in but you will positively need a lawyer who knows the laws of your state. Second your insurance will still pay for the dmg once you get a lawyer and then you can sue the lady and the guy if she divuldges who it is. make sure to visit the doctor to get a higher claim out of it ^^



Not if he only has liablity, that only covers the person you hit.


Exactly, and since he hit me and I wasn't at fault insurance won't do anything. They only cover the damage you inflicted to someone elses vehicle. That is why everyone is supposed to have atleast liability.

My liability is only 36$ a month so I don't feel like paying 300 for full coverage would come in handy now though. With un-insured motorist they would pay for the dmg on your car and then sue the person that hit you.

Instead I have to independantly sue them.

I'd have to wait till monday to talk to a lawyer. I was hopping someone had some general law skills that could give me the gist of it.

I live in Arizona.
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Aandidar
Sir Postalot
Sir Postalot


Joined: 23 Oct 2002
Posts: 1182



PostPosted: 02/21/04 - 01:17    Post subject: Reply with quote

Someone give me good advice =/
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PostPosted: 02/21/04 - 02:09    Post subject: Reply with quote

Aandidar wrote:
Someone give me good advice =/


If he has no insurance, and owns nothing. You aren't likely to get anything from him. Shop around for lawyers, thats your best bet.

There a plenty around.

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Aandidar
Sir Postalot
Sir Postalot


Joined: 23 Oct 2002
Posts: 1182



PostPosted: 02/21/04 - 02:15    Post subject: Reply with quote

It isn't his car. I'm guessing it's his gf's or his moms... maybe sisters... or cousins. Hispanic people have a lot of cousins.

The officers ran the plates and it came up under a woman's name. A guy was driving.

I wish I had seen him run, I woulda chased his ass. Woulda loved an excuse to take out anger about the front end/side of my car getting f****d up =/

I'll have to take pictures some times. It's really not that bad if you consider that the hit total'd the other car. The engine was damaged in the crash, wouldn't even start when the officers tried to get it off the road. So that car is junk now.
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