welp i finnaly called the guy, well accully i had my dad do it, the guy was pullin some BS and said he wont pay, because (and these were his words) "seeing how it was on private property, its not my fault" even tho there is a huge a$$ dent in the side of my car wich there is NO WAY i could cause it, SO now i have to file for small clames court, i have never done this b4 (gone to court) heck ive never gotten a ticket or even been pulled over, so any advice would be awsome, some more info on the guy, he is self insured (told the courts that he has more then 40k$ of net worth, i dont know what this is ive never heard of bein "self insured" but whatever).... so i dotn know what im gonna do i feel so angry right now because i will probily never see the money for my car and i was planning on this money, not only to get my new motor but i need the money to live off of as im going to school 40 hours a week and dont have time for a job... grr this guy is really rubbing me the wrong way.. how can people get away with this? if he had insurance this would all be solved but no, the "system" has failed me yet agine...
also i dont have uninsured motorest dammage insurance so my insurance CO told me im SOL, as far as getting money out of them..
any help you can give me would be awsome, sorry for spelling errors, its late and ive been up for about 22 hours.. lol
-Tyler-AKA MasterMan [2004]
sad news on the car
-
lessthanjakejohn
- Posts: 4105
- Joined: Fri Oct 25, 2002 6:39 am
-
C-Kwik
- Moderator
- Posts: 8070
- Joined: Thu Aug 01, 2002 9:28 pm
- Car: 2013 Chevy Volt, 1991 Honda CRX DX
Being on private property doesn't mean a person can not be liable. While the rules of the road don't directly apply to private property, some amount of reasonable judgement does. If it was his property and you were tresspassing, that is one thing. If it's his property and you are a guest, he has a duty to reasonably ensure your safety. If he doesn't own the property, he is like anyone else and must be a reasonable and prudent driver. ANy negligence on his part that caused damages to you or your property can still be claimed.
Small Claims Court is not anything hard. You will want to prepare, but keep in mind, attorney's don't directly present the cases. So the extent of the conversations will be between you, the judge and the other driver. Perhaps some witnesses if there were any. And for the most part, the judge will be asking the questions to each party. And believe me, if either you or the other driver makes a stupid argument, he will let you know it. Watch some Judge Judy. She is a little extreme, but you should be able to get an idea of how the proceedings will take place.
Small Claims Court is not anything hard. You will want to prepare, but keep in mind, attorney's don't directly present the cases. So the extent of the conversations will be between you, the judge and the other driver. Perhaps some witnesses if there were any. And for the most part, the judge will be asking the questions to each party. And believe me, if either you or the other driver makes a stupid argument, he will let you know it. Watch some Judge Judy. She is a little extreme, but you should be able to get an idea of how the proceedings will take place.
-
MasterMan
- Posts: 2849
- Joined: Sat Jul 27, 2002 11:11 am
- Car: nothing running at the moment city buses "uck here
- Contact:
thanks C, ill try that.. im gonna call some loyers (sp?) up on monday and see what they have to say about it, also i know some people that are going to law school so ill see what they have to say also.. by the way my car was hit there is no way it was my fault and i hope the judge sees that, if the "system" really does work then it should turn out fine and i shoudl get my money.. but does anyone know how that works? does the judge order him to pay me there on the spot, or do they give him a few weeks to pay up or how does that go? becasue im thinking if they give him a week or somthig to pay what happens if he dosnt? do they put a warrent out for his arrest, or will they go to his house and arrest him on the spot?
-
C-Kwik
- Moderator
- Posts: 8070
- Joined: Thu Aug 01, 2002 9:28 pm
- Car: 2013 Chevy Volt, 1991 Honda CRX DX
When a judgement is entered, then the defendant has a certain amount of time to pay it. And he has to show satisfaction of that judgement. If this guy is self-insured, he will likely pay the judgement. Otherwise he may be forced to out of the bond he places in place of insurance. I don't know how exactly a court deals with bonds and it may even vary by state.
I think watching Judge Judy might misrepresent small claims court a bit. It's geared toward a TV show, with a lot of drama added in; real small claims court tends to move a lot faster. The judge will want the facts quickly and concisely. If you can draw a somewhat-scale aerial plan map of the place, showing the cars' locations relative to all fixtures and roads and such, that would be excellent. Any witnesses you can get to come in on your behalf? If he owns property and you can get a lien placed on it, that'll kick ***. He will have a hard time selling it till he pays you off. And once you get a court settlement, if he still doesn't pay, get a collection agency on his a55. You'll have to give them 1/3 - 1/2 anything they get, but trust me--it's better than nothing.