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 Posted: Tue Jun 02, 2009 4:48 am Post subject: GOT INTO A CAR ACCIDENT IN SOMEONES CAR THEY DIDNT LEND ME |
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| let me make my story short ... my girlfriends brother lives in Pennsylvania, he left to Peru a few weeks back and left his car park at his mothers house in nyc (left out of jfk)... During the weekend i decided to take the keys to go out that night..didnt tell anyone..that night my girlfriend met me a a club ..when we left i told her i had the car ..she immediately told me to take it back ..on the way back we was t-bone by a yellow cab ... i really don't recall anything from the accident .. but because i had alcohol on my breath i was charged with dwi .. now when i went to court my attorney begged me to plead guilty to a misdemeanor because i had a prior dui and she said it could turn into a Felony .. so now i plead guilty to the misdemeanor ... Now the owner of the car doesn't know this has happen yet and i didnt mention it to the police that i had taken it without permission .. and my girlfriend didnt say anything either .. but now im afraid to what can happen to her brother .. should i call his insurance and inform them i took the car without permission ... should i call him so he can call from over there .. can i place a complain against me from over there .. i really want him to be covered so his insurance covers him .. even if that means i get in more trouble .. please advise what to do thank you ... some facts my girlfriend doesnt live with her mother .. we were visiting do it almost every day ... i have driving the vehicle before but only when his mother own it .. less than i month ago she gave it to him and he took it and insured it in his state |
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nyckiid
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| Posted: Tue Jun 02, 2009 5:41 am Post subject: |
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Nyckiid, do i have to tell you that you are quite in a jam? No, I think you know it already.
Anyway, you received the dwi but who was charged for the accident? You need to tell us lot more about the situation.
Are you licensed?
Do you have insurance?
How did you get the access to the keys?
Please you need to tell us all that you can. |
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JeremyHolter
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| Posted: Tue Jun 02, 2009 5:59 am Post subject: |
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The owner of the car should be fine... but this will mean you will probably be left hanging without a net. They may pay the liability portion of the claim in order to protect the owner (their insured) but if they do, they should not offer you any protection (personally, if I were handling the claim I could probably put your name on a release if I paid the claim but I would not... it would send a message that you can skate by when you do something dumb... 3 times. At some point you have to learn a lesson).
The owners carrier might also deny the other person's claim, especially if the owner files a police report for you stealing the vehicle. This probably won't happen but if it does, the cab drivers attorney might file suit and include you. Without insurance you'd need to provide your own defense. With a DUI, it's a slam dunk that you'd loose big time in court.
So here you are with a 2nd DUI. I'm guessing that alone is going to cost your about $3000-$5000 by the time it's all said and done (fines, reinstatement's, etc).
If your girlfriend reads this... let her know that she picked a winner. Sorry... but I'm just getting the impression that you have no respect for other people or their property (you stole your girlfriend's brothers car and drove it to a bar, got drunk and then drove it again... not an Einstein move).
Best thing you can do at this point it to start behaving like an adult and when someone asks you what happen... tell the truth. |
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tcope
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| Posted: Tue Jun 02, 2009 10:00 am Post subject: |
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Hi nyckiid,
I'm really quite confused at certain things you said-
I'd love to know what exactly you've said to the police. Have you explained every bit of the truth to your attorney?
| Quote: | | should i call his insurance and inform them i took the car without permission ... |
Has your attorney asked you to do this now?
Steven |
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steven
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| Posted: Wed Jun 03, 2009 4:34 am Post subject: |
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ok so let me answer as many of your questions:
yes im licensed
the owner of the vehicle has full insurance in the vehicle
i got access to the keys of the car because i went to my mother in law house to visit ..i saw the keys , knew no one was using it and took them to use the car for the weekend didnt think nothing like this would happen
as to what i told my attorney , it was in court regarding the dui case , and i didn't mention to her or anyone that i had taken the car without permission .. knowing it would make things alot worse for myself
noone is really asking me to do this but myself ... my guild is killing me .. i made a mistake and it almost cost me the only thing important in my life... shes fine now ... but now i have to get ready to answer for my actions ..regardless of what they are ...
you may say what is my motivation to do this the owner is away and will be for another 3 weeks, but this is my wifes family they been there for me, i have to do right by them
As of right now i finally spoke to my brother in law ... as u can expect he was furious , not because of the car , the accident , but because i put his sister in the position i did... as of right now he doesn't know how to preceded, he said he was going to phone his insurance company to let them know that an accident has happen with his vehicle , i told him when he comes back it he will have to place a complain against me for taking the car ... he was concern what that would do to me like jail time .. i explain to him i have to answer to what i did and if thats what it has to happen let it be ... i just want to make sure he is fully covered for the accident
tomorrow i plan to go and get the accident report .. regardless im 100% sure it would blame me because of the dui ..as the cop told me u can be parked at a red light and someone rear ends u , if u been drinking it doesnt matter it was his fault u are liable because u had the drinks
at this point this seems like the best way to go .. doesnt seem like there is no other option ...
another silly question what happens if the other people sue me .. i dont owe anything , no money in the bank ... if i cant pay do i do jail time .. file bankruptcy etc
thank you for ur help .. |
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nyckiid
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| Posted: Wed Jun 03, 2009 5:15 am Post subject: |
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Hi nyckiid
| Quote: | | as to what i told my attorney , it was in court regarding the dui case , and i didn't mention to her or anyone that i had taken the car without permission .. |
It would be even worse if your attorney is near to winning your cause and then this truth comes out as you may get accused of stealing the car..
..if you're gonna pay so much to your attorney why not sharing the truth with him and help him?
| Quote: | | another silly question what happens if the other people sue me .. |
Whether they'd come after your assets would be decided once the lawsuit gets filed and followed against you..
Steven |
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steven
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| Posted: Wed Jun 03, 2009 5:25 am Post subject: |
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| Quote: | | as the cop told me u can be parked at a red light and someone rear ends u , if u been drinking it doesnt matter it was his fault u are liable because u had the drinks |
Then the police officer would make a bad adjuster... as you'd not be liable simply because you were DUI. |
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tcope
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| Posted: Wed Jun 03, 2009 6:57 am Post subject: |
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Nyckiid said,
| Quote: | | tomorrow i plan to go and get the accident report .. |
Be careful about reporting the accident to the insurer. Don't hold back the truth but plead your case with emphasis on who disobeyed the traffic rules etc.
Now if the other party sues and get a judgment you may lose up your license till the time you don't pay the judgment completely. And in absence of any asset they may garnish your wage. Now, do you earn wage?
Tcope said,
| Quote: | | Then the police officer would make a bad adjuster... as you'd not be liable simply because you were DUI. |
I agree  |
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simon
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| Posted: Wed Jun 03, 2009 10:46 am Post subject: |
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Here's the deal..if your brother in law says that he gave you permission to drive his vehicle, then his carrier has to pay for everything including damage to the other guys car IF you are found negligent...and thus responsible for the accident..you being drunk doesn't necessariy may you at fault in the loss..it does make you an inconsiderate, ungrateful, self serving, jerk...but not necesarily at fault...what exactly are the facts of the accident?
If your brother in law says you did not have permission then he will have to press auto theft charges against you they will pay for the damages to his car, but not the other one, and that will be your third strike right? Most likely you'll see some jail time on that one...I doubt that two dui's are ALL there is on your 'rap sheet'....
Guilty feelings will not make up for what you've done to your family....I sincerely hope that you take a good look in the mirror and see that drinking just isn't for you...get yourself some help, because your narcissistic ways are leading you straight to prison and a life a lone...
This pretty much says it all | Quote: | | almost cost me the only thing important in my life |
No concern for the other lives you put in danger...not to mention the HUGE financial burden you've put on your wife...wake up son, before it's too late.
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Lori
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| Posted: Wed Jun 03, 2009 10:51 am Post subject: |
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I would think the insurance company would come after you for their losses. My STUPID brother did this a few years back and they (the insurance company) showed up at the actual hearing. He was left with a judgement to pay for the vehicle. He is also from PA. Since he has never bothered to change his ways the insurance company to this day has never got their money back.
I just personally wonder in cases like this if others stupidity effects the honest drivers in surance rates since it would be a loss to the insurance comapny.
If you can not be responsible stay away from the vehicle. |
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fireyone
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| Posted: Wed Jun 03, 2009 11:15 am Post subject: |
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| Quote: | | just personally wonder in cases like this if others stupidity effects the honest drivers in surance rates since it would be a loss to the insurance comapny |
Of course it does!
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Life gaurantees a chance NOT a fair shake
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FIND a way EVERY day to lighten the load of another
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Lori
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| Posted: Thu Jun 04, 2009 12:03 am Post subject: |
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i'm a little confused i thought if i was found guilty of causing the accident , the insurance wont pay my brother in law anything and he wont be protected against a lawsuit from the other driver.
im looking for the best outcome for my brother in law .. basically tht the other driver is covered, and tht he gets is car back and his sisters is covered as well
the facts of the accident are a grey area to me since i dont recall anything of it .. i woke up in the hospital and never saw it coming .. i got the accident report IM POSTING IT .. my wife says i was going thru the light turning yellow to red..since i dont remember a thing i cant say ..
the insurance people told my brother in law that i if i took the car without his consent ..that his car , his sister and the other driver will be covered by them, except me
i just need to know whats best to do say i took it without permission .. or if i did
another thing .. this is why people get insurance for to be protected in times like these .. i aint trying to scam any insurance company .. what makes insurance rates so high is all these auto lawsuits of people that arent seriously hurt looking for a payday , not my case , and my wife not doing that either .. just looking to cover her med bill ..but i bet a million my ny cabbie friend will all the sudden have neck and back pain for the rest of his life and will look for that nice payday ... (i saw him he was fine , when he was released from the hosptal)... |
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nyckiid
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| Posted: Thu Jun 04, 2009 4:44 am Post subject: |
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Hi nyckiid,
| Quote: | | i woke up in the hospital and never saw it coming |
The report confirms that you're unsure of what followed because you don't remember anything.
It clearly states that driver veh 2 was at 40 street crossing Park ave. with the light when he got struck and none witnesses it.
Did you share this report with your attorney?
Did your wife share the light turning 'yellow to red' with your attorney?
Steven |
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steven
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| Posted: Thu Jun 04, 2009 5:03 am Post subject: |
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Okay Nykiid, in a police report normally the car that is mentioned as #1 is said to be at-fault. I can see that the Honda Civic with 2 occupants was declared as the #1 contributor to the accident. So you understand that the police report isn't actually in your favor.
Moreover, you should understand that you are not at the position to judge whether or not the other driver other driver was injured enough to claim wage loss. So, let the insurance company handle the issue.
Have you filed the claim with the insurer yet? And, since the insurer wouldn't cover your costs, do you have health insurance to pay for your medical expenses. |
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JeremyHolter
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| Posted: Thu Jun 04, 2009 10:37 am Post subject: |
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Your brother in law is going to be covered regardless since YOU took the vehicle without permission. The others injured will be covered too since it was your actions that caused the wreck. I really do not think your brother in law has anything to worry about.
If you think you get angry because the other people may make false claims on their injuries imagine how those following the insurance rules feel when their rates go up over this kind of thing. Hopefully this was a learning experience for you and next time you will not treat other people property as your own. |
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fireyone
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