| Message |
Author |
|
 Posted: Fri Dec 12, 2008 12:44 am Post subject: Hit by a uninsured driver, is the dealership responsible? |
|
|
My boyfriend and I were hit by a drunk driver, hit and run but they caught him. Turns out, surprise surprise, he doesn't have insurance. The thing is he just bought the car 2 weeks ago, and I was told by the DA that he still owed on it. Would the dealership that sold him the car be responsible? What if it wasn't finaced by the dealership but a third party?
We only have liablity insurance but have the pip coverage so our medical bills are covered. But the car is totaled (it rolled and we had to be cut out) We are both relatively okay, but lots of pain, stress, etc. At this point we would just be happy to recover the costs of the totaled car, something for the horrible headaches would be nice too, but I just don't see it happening.
Is it worth it to have a lawyer if he doesn't have insurance?
_________________
Register Now to have your Insurance queries solved. |
|
aradiasun
Guest
|
|
| Posted: Fri Dec 12, 2008 12:46 am Post subject: PS |
|
|
He is being charged with felony hit and run, and i guess we may receive restitution, but I don't know how and when that would happen
_________________
Register Now to have your Insurance queries solved. |
|
aradiasun
Guest
|
|
| Posted: Fri Dec 12, 2008 12:50 am Post subject: |
|
|
You'd be hard pressed to find an attorney to take the case as they are not out to right a wrong... they are out to get paid for their time. Though you may be able to find one that would be willing to take the case for the judgement against the person. It also depends on the state your in. If the state allows such things as garnishment of wages or the person has assets, then finding an attorney would be easier.
Where is getreal when you need him.
Yes, I'd recommend looking for an attorney. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5193
Location: Salt Lake City, UT
285.25 Dollars($)
|
|
| Posted: Fri Dec 12, 2008 4:28 am Post subject: |
|
|
I'm sorry but I don't think that you have a case against the dealership. The driver was responsible for the damages and you have to go after him to collect the compensation.
The auto insurance laws of your states will play the most important role in determining whether or not filing a lawsuit against the responsible driver is an option for you. Since you have mentioned PIP, I'm assuming that you are in a no-fault state, which restricts the number of lawsuits related to auto damages. If you are not well versed it'd be better if you seek professional help to evaluate your position. |
|
JeremyHolter
Senior member
Joined: 06 Jun 2007
Posts: 1194
210.30 Dollars($)
|
|
| Posted: Fri Dec 12, 2008 4:37 am Post subject: |
|
|
| Well, it might be possible for you to file a lawsuit against the responsible driver. However, winning a judgment against him may not ensure recovery of the property damage. Every debtor receives some exemptions under the collection laws of the state, hence, you may not be able to auction the properties of the other party to collect against the judgment. Also, the provision of wage garnishment isn't available in some states. Hence, in a nutshell, even when you can sue the at-fault driver, you may not be able to exercise the judgment against him. |
|
simon
Senior member
Joined: 28 Sep 2005
Posts: 550
93.66 Dollars($)
|
|
| Posted: Fri Dec 12, 2008 5:07 am Post subject: |
|
|
Getting a lawyer is a great idea. You may find it hard to collect the compensation from a party with no insurance. I doubt that he'll have a proper wage to garnish. However, you may check with the option of filling the writ of Fieri Facias & get his possessions auctioned off by sheriff's office to collect against the property damage claims.
Anyways, only a lawyer can tell you better about the different options available to you and also about the feasibilities of these methods, otherwise, you may end-up in the wrong side.
_________________
Register Now to have your Insurance queries solved. |
|
Juliana Moore
Guest
|
|
| Posted: Fri Dec 12, 2008 11:19 am Post subject: |
|
|
I would certainly be in contact with the prosecutor and ask that your resitution be added to his sentence, I've had many insured's have great luck THIS way...rather than a judgement...the offender isn't released from probation untill all resitution is paid...you may be in 'luck' if they just bought the vehicle, maybe that means he has a job? also are you 100% sure no insurance? I don't know about getting an attorney for the physical damage, IF the prosecutor will do it for free? why pay a private attorney? Think I'd check it out first.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
| Posted: Mon Dec 15, 2008 12:18 am Post subject: |
|
|
| That sounds like a heck of a lot beter way and I would be in touch with this prosecuotr as soon as possible. I know for a fact that people are not released form probation until restitution is paid ( my brother is one of these people). They have to pay monthly monitoring fees and some other things when they are on probation so it makes them more interested in getting restitution paid so they can be free of these charges. You know I really think that a person whom doesn't have a license should not be able to even purchase a vehicle. I thought when you did purchase a vehicle you had to show proof of insurance? I know we had to show it when we bought a vehicle so how could this person get away with it? |
|
fireyone
Senior member
Joined: 07 Jan 2008
Posts: 1993
2.31 Dollars($)
|
|
| Posted: Mon Dec 15, 2008 3:11 am Post subject: insurance |
|
|
| When I bought my Jeep, I had to show that I had, AT LEAST Liability. I have Full Coverage through my loan, for the vehicle. I ALSO had to show proof that I had a valid DL. |
|
sdchargersfan
Senior member
Joined: 21 Aug 2007
Posts: 2055
4.70 Dollars($)
|
|
| Posted: Mon Dec 15, 2008 1:50 pm Post subject: |
|
|
fireyone,
I'm not picking on you personally, but speaking in general...
Part of your comment:
"" You know I really think that a person whom doesn't have a license should not be able to even purchase a vehicle.""
Why not??
Why shouldn't my Responsible Teenager be able to use their "lawn mowing, snow shoveling, car washing money to buy an old car so that we can have a project car to fix up for when he/she is old enough to drive?
Or my Responsible kids want to buy an old Jeep to drive around on our 124 acre lot? (not that we have a lot that big, but what if)
Why are we, as a society, so quick to restrict the majority for the sake of the few?
Also:
"" I thought when you did purchase a vehicle you had to show proof of insurance? I know we had to show it when we bought a vehicle so how could this person get away with it? ""
I don't think one needs insurance [yet] just to buy a vehicle, but we do need insurance to Register it for use on our Public roads. Which I suspect is what you were doing when you bought that vehicle.
FK, |
|
FK
Senior member
Joined: 10 Feb 2008
Posts: 290
Location: Pa.
41.08 Dollars($)
|
|
| Posted: Tue Dec 16, 2008 2:03 am Post subject: insurance |
|
|
First of all I want to 'praise' you for your responsible kids, FK.  Sounds like he's working for what he has/wants...good for him/her/them!! You ALSO said something about your child/children driving an old Jeep around your Lot. Even if they are on YOUR property, don't they need some kind of insurance to DRIVE the vehicle?? |
|
sdchargersfan
Senior member
Joined: 21 Aug 2007
Posts: 2055
4.70 Dollars($)
|
|
| Posted: Tue Dec 16, 2008 11:40 am Post subject: |
|
|
.
.
.
sdchargersfan,
You ask:
"" Even if they are on YOUR property, don't they need some kind of insurance to DRIVE the vehicle?? ""
I'm sure some Insurance Co. will sell coverage, but I don't know of any Law that would require Insurance, or license plates, or inspection sticker, or minimum age, or etc..
Although there are more that enough *minority* groups successfully, Nit-Pickingly (is that a real word) reducing our Personal Freedoms on a daily basis. So it could at some time in the future be an requirement. [arrrrggggguuuhhhh]
FK,
PS, Thanks for the question, it triggered a fond old memory.
When I was in my early Teens one of my older brothers owned a Service Station, used/new car lot, etc., which included a Salvage Yard (we called them Junk Yards back then). One day I and a couple neighborhood friends ask "if we could piece together a car from the back lot with all the old out-dated cars and get it running, could we drive it around the Junk Yard on weekends"?? He laughed [thinking... like there's a chance a couple 13 year old kids are gonna get one of those old Junkers moving again] ... and said "Sure".
Well, it took a few weeks, but we did it..! We dubbed it the Junk Yard Beast [it was an old two door 1950's Studebaker Lark.] and we had a lot of fun along with getting a head start on our driving skills for the day we reached that magic age of 16. |
|
FK
Senior member
Joined: 10 Feb 2008
Posts: 290
Location: Pa.
41.08 Dollars($)
|
|
| Posted: Tue Dec 16, 2008 12:05 pm Post subject: |
|
|
| Quote: | | Even if they are on YOUR property, don't they need some kind of insurance to DRIVE the vehicle?? |
No and they couldn't get it anyway if they were not licensed...and yes, 'if' they had an accident his coverage would've paid...
My dad was a 'cool' dad in some ways...he would allow us to drive from about 14 on (with him in the car teachinig us how to drive)...he also let me keep his big bad truck while he was away at training one summer for six weeks! (i was licensed by then) THAT was soooooo cool...anyway had there been an accident even though i was unlicensed i would've been covered..
my brother was allowed one night (he was 15 and not yet licensed) to take dad's truck to pick up and friend or take them home one or the other...anyway being a typical 15yr old (dumb) boy and EXACTLY like his father a lot of showing off insued...ulitmately he rolled and totaled the truck, and yes there was coverage...of course dad said he took it without his permission....
Man, Fred, I'm with you and so miss the times, when everything wasn't so 'pc' and kids are padded from head to toe before they even get on a tricycle  I fear we are raising a nation of wimps...just my opinion...also I'll bet your brother was shocked that you boys got that old studebaker running! what a great childhood for a boy getting free rein in a junk yard! I'll be you were then envy of the neighborhood!
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
| Posted: Tue Dec 16, 2008 10:03 pm Post subject: |
|
|
FK, seeing things from the perspective of just purchasing a vehicle to drive around the property or fix up is a whole other ball game. I personally have no problem with that. What I am talking about and should have been more clear on is a person who loses their license for drunk driving. I really think there should be stiffer penalties put into place there. After dealing with this with one of my relatives I just think owning a car without a license and a drunk driving record should be okay. Its like putting a beer in front of them telling them not to drink it and walk away. Same with the car..the keys are there just dangling waiting to ruin or even take someones life.
Lori, I am with you on the "pc" comment. If my daughter is off school we limit the time on the pc and in front of the tv. we always have her help woth things like hanging the christmas light or whatever project we can to get her outside and moving. My dad was like that. He was always finding things for us to do instead of parking our butts on front of a screen. It really makes a difference. |
|
fireyone
Senior member
Joined: 07 Jan 2008
Posts: 1993
2.31 Dollars($)
|
|
| Posted: Wed Dec 17, 2008 12:18 am Post subject: |
|
|
Oh fire, girl gotta love ya'....while everything you said was absolutely dead on and i could not agree more, and after re-reading my post i sure get how you got that...but what i meant by 'pc' was all the ''political correct'' crap (sorry just my opinion)...for instance it is ''politically incorrect'' to say 'Merry Christmas' (not allowed at my company) we can no longer have Christmas partys they are 'holiday or end of year party's'... 'everyone has to get a trophy' is pc...there are no losers or competion.... just makes me want to puke.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
