Oh -- what a fun day

Discussion in 'Off-Topic Discussions' started by Mr. Engineer, Dec 17, 2005.

Loading...
  1. Mr. Engineer

    Mr. Engineer member

    I gotta tell you some days - some weeks really suck. I really thought I would have a good week now that my toughest quarter has come to a close and I am 100% complete with all term papers -- But NOOO - some assbite always had to muck things up.

    While driving home innocently in my truck, I had a 16 year old sideswipe me. Ok - I was a kid once, these things happen. But does the kid have insurance? NOOO - does the kid have a license - NOOO. How did an unlicensed minor get a car? Well -- his mommy bought it for him. Of course, she is a single mommy (as that is really an excuse - I was a single dad for 12 years myself so I really don't sympothize that much) and begged me not to do anything (I am not that stupid - no insurance -- police are called 100% of the time).

    OK - so Palo Alto's finest come along. They do the right thing - they impound the car. They put junior in handcuffs and put him the crying shit in the back of the patrol car. In CA with this type of violation you automatically forfeit your license until 18 years old - not much of a consequence because he was unlicensed anyway (and that didn't stop him). Unfortunatley Mommie showed up right as the officer was about ready to take off - so sonny was cited out. Call it spite, but I would have taken the shit to jail just to give him the bitter taste.

    So now - I have to come up with a $1K deductible - have to take time off work -- probably to the tune of at least a grand - and then rent a car. Will the mommie pay up? Doubtful - too bad she can't be held personally accountable - perhaps if her car or liberty was taken away for buying Jr. the car the first place -- but alas, I guess Parental stupidity is not a crime (yet).

    Expensive week - I think I will sue just to screw up her credit - perhaps then she will understand what parenting really means.
     
  2. Jack Tracey

    Jack Tracey New Member

    Three words - small claims court.
    Sorry for your troubles.
    Jack
     
  3. Hey buddy, so sorry to hear about all this. It does make for a trying week I'm sure.... Hang in there - life is all about these little and not so little challenges.
     
  4. Abner

    Abner Well-Known Member



    That sucks Mr. E! Hang in there. Like Jack said, small claims court. Just take it one step at a time and it will all work out.

    Take care buddy!


    Abner
     
  5. tgrusso78

    tgrusso78 New Member

    The only steps I'd take are to have the woman brought into court. Hell, it may even be worthwhile to at least call an attorney. Probably not a big enough case, but you never know. Make her suffer for being so irresponsible
     
  6. SteveFoerster

    SteveFoerster Resident Gadfly Staff Member

    Judge Larry Joe!

    What about those arbitration-disguised-as-court shows (like Texas Justice and its ilk)? Don't they pay both sides, then deduct the loser's stipend and give it to the winner? If so, perhaps that's a way to get your money even if Junior and Irresponsible Mom don't have any, and they might like the idea because they'd end up with cash in their pockets win or lose.

    -=Steve=-
     
  7. DesElms

    DesElms New Member

    Mr. Engineer,

    Contact an attorney. You probably have a case that's bigger, in terms of dollars, than the small claims limit... which also means that it'll cost more to litigate, which may mean that small claims is best after all. But even that decision is best left to an attorney. In addition, you may well find that you can, indeed, make the mother pay... probably so, in fact.

    Don't give up so easily. The little bastard didn't get that way all by himself. His poor, oppressed single mom's culpable on more levels than just one... bank on it! Get a lawyer and stick it to the both of them. If it becomes clear to you anywhere along the way that compassion and mercy are an appropriate response on your part, you can always settle with them for the cost of hiring the attorney and filing the suit, but sans any actual or punitive damages... making sure to point out to them just how lucky they are.

    Or so it is my far-from-humble opinion and advice.

    Also... get the citation number and contact the prosecutor's office's victim-witness administrator. Let him/her know that you're the victim and that you want to follow the case, appear at trial, and make a victim impact statement at sentencing if convicted. Demand (politely, of course) to know who is the deputy prosecutor assigned to the case; and then be sure to personally contact him/her to let him/her know you're deadly serious about seeing the kid and his mom not get away with such irresponsibility. I know it seems like a lot for such a seemingly minor (in the eyes of the prosecutor's office) matter, but I promise you it'll be worth it, all things considered.
     
  8. Abner

    Abner Well-Known Member


    Actually, Gregg is right. Most attorneys will take a case like this on retainer.

    Many years ago, I was an auto insurance Adjuster. Usually, the people with attorneys end up receiving better compensation. Most people don't even now they do not have to take the first offer that is made to them. Many times, in the case of a total loss, the claimant ends up with a lousy deal.

    Check out an attorney.


    Abner
     
  9. Jigamafloo

    Jigamafloo New Member

    My sincere sympathies. The situation you described is rampant in San Antonio (and most large cities, I'm sure). Uninsured, unlicensed, underage, and it seems unaccountable under current law. As long as folks keep turning a blind eye to the "buy one month of liability insurance" to get the car registered and let it lapse scam, I guess it will continue.

    Best of luck, and hang in there. I hope some the proposed remedies suggested in other postings help.

    Dave
     
  10. gkillion

    gkillion New Member

    Only if they think there'll be a big payday. Single mom with no insurance...I doubt that she's rich.

    If your motive is to teach the kid a lesson, then let him have it. But if your motive is financial, cut your losses and forget about it. Attorney's fees and lost time will be more than it's worth.
     
  11. Jack Tracey

    Jack Tracey New Member

    He might be right about the money but then, I'm all about the education.
    Jack
     
  12. nosborne48

    nosborne48 Well-Known Member

    ULTRA IMPORTANT!! READ THIS!!

    This is too IMPORTANT to let go by.

    DO NOT, repeat, DO NOT take ANY legal action unless and until YOUR insurance company releases its hypoticated claim!

    The MINUTE they paid you a single DIME, they PURCHASED you cause of action. IT DOESN'T BELONG TO YOU!!!

    If YOU undertake to sue without the company's approval, you may lose your coverage!!!
     
  13. Mr. Engineer

    Mr. Engineer member

    A quick update.

    I have only sued once in my life. It was when a guy decided he was too good to use his turn signals and ran me over on my motorcycle - basically destroying my right leg. Even after that, I didn't want to sue, but the insurance companies actions (the other guys insurance) and games required me to take action. (don't get me started on insurance companies - most deal in bad faith and deserve to get sued).

    I also know about causes of action. I can sue, but if I do, I have to reimburse my insurance company. Of course this is not always true - and if the insurance company is unaware of he suit, then you may get past them. And no - you don't loose coverage by suing on your own - you are talking about two completely separate issues.

    On a good note, my truck is in the shop getting fixed. My insurance company is looking into subrogating against the uninsured party. I spoke with PAPD and they said the kid's license is history. The mother lives in a trailer park -- and using some common online pay search engines, I found that she has no real assets (at least real assets) - and is a waitress. I can sue - but for what?

    Watching the little shit in handcuffs was good enough - I arrested this one kid for hit and run once. The DA decline to prosecute (because the victim settled with the kid's parents) -- but shreding his license and the look on his face when I dropped him off at Juvy brought home the point.

    Thanks for all of the good advice.

    Dubya.
     
  14. Abner

    Abner Well-Known Member


    Having been an Adjuster, I can say you are absolutely correct about Insurance companies. Your Insurance company will pay this claim, however, they will get their money from the woman one way or the other, believe me.

    I once worked for a company that wanted me to go into Mexico with some company thugs to collect some cars that made their way over the border. The fact that I am bilingual and hold Black Belts in three different Martial Arts made them think I would have good use as a collections mercenary. I said, No GRACIAS!


    Anyway,

    Have a good Christmas Mr. E!

    It will all work out. Abner
     

Share This Page