Crashed, Help me please.
#31
09-28-2005, 11:20 AM
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Originally Posted by GPSIIFMG35
I sue this guy that hit me a few years back in small claims court (usually limited to ~$5000).
1) Fill out forms at local court. Pay ~$25. They will send a subpoena to them to appear in court.
2) In court, present the judge any police report and cost that you sustained. Just explain what happened. The judge doesn't really want anything elaborate because he's got a bunch of other cases to worried about. Asked for a few thousand because the judge will usually cut the amount back. It should be an easy win.
3) Assuming you win judgement, the defendent has 30 days to paid. You can legally asked where they work.
4) Assume they will not pay. After the 30 days, then pay another fee to have a sheriff go to their workplace to garnish their wages.
I ended up getting ~$1300 for a $3000 judgement before the guy lost his job which covered my expenses.
It's a pain but a good learning experience of the court system.
1) Fill out forms at local court. Pay ~$25. They will send a subpoena to them to appear in court.
2) In court, present the judge any police report and cost that you sustained. Just explain what happened. The judge doesn't really want anything elaborate because he's got a bunch of other cases to worried about. Asked for a few thousand because the judge will usually cut the amount back. It should be an easy win.
3) Assuming you win judgement, the defendent has 30 days to paid. You can legally asked where they work.
4) Assume they will not pay. After the 30 days, then pay another fee to have a sheriff go to their workplace to garnish their wages.
I ended up getting ~$1300 for a $3000 judgement before the guy lost his job which covered my expenses.
It's a pain but a good learning experience of the court system.
DO NOT feign an injury and commit insurance fraud. That will lower yourself below his level.
#32
09-28-2005, 11:25 AM
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Total time to write letters about 1 hour. Post Office for Certified Mail about 1 hour, Filing case with Clerk of the Court about 1 hour, Court about 3 hours (mostly waiting while other cases were heard. Much better than what you see on TV), hearing about 15 minutes. Received check on the 30th day. If I could have settled without going to Court I would have but my lease prohibits release of personal information about any tenant for any reason so I couldn't find out who the dog owner was without going through Animal Control. Add 1 hour for those letters. Start to finish April to August. Rabies shots 3 hours. Trip to Vet for my Bengal cat, 1 hour. Worth it ? Absolutely. Learned a lot about the system and the satisfaction still makes me grin
#33
09-28-2005, 11:25 AM
#34
09-28-2005, 12:19 PM
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See if you can get the insurance company to sue the family otherwise you will have to get your own lawyer. I wouldn't go to the kid's house; they could put a restraining order on you and make up some story in court how you were showing up at their house and threatening them. Not to mention if you show up with friends it will look obvious that your trying to intimidate them and it could spiral out of control easily.
The uninsured immigrants are the worst to get hit by; at least you got a good address. Many times they run off with bad plates and you never see them again; consider yourself lucky.
Also, keep your eye on the charges. If the sister drops the stolen car charge against her brother you might be able to get the sister's insurance to pick up the tab.
The uninsured immigrants are the worst to get hit by; at least you got a good address. Many times they run off with bad plates and you never see them again; consider yourself lucky.
Also, keep your eye on the charges. If the sister drops the stolen car charge against her brother you might be able to get the sister's insurance to pick up the tab.
Last edited by Beowulf; 09-28-2005 at 12:24 PM.
#35
09-28-2005, 12:41 PM
Hey man - my car got hit by an uninsured driver when I lived in SF (I wasnt in the car). You have received plenty of good info in this thread so I won't go into too much detail, but bottom line is I took the young womans parents to small claims court and was awarded my deductible and court costs but not the diminished value of the car (my damage was worse, ~$3400 repair bill) because it exceeded the max the small claims court could award. I then took them to court (with a lawyer) for the diminished value (not small claims) and was awarded $2600, which was the amount we determined the value of the car was diminished, plus our court costs (~$450 or something), plus the cost of renting a car for 10 days, plus the costs of missing work for 2 days.
Just document everything and do it all by the book, the judge that awarded me the diminished value was a hardass, and I don't think he would have had I gone to their house to intimidate them or whatever. Call a lawyer if you feel you're not getting anywhere.
Just document everything and do it all by the book, the judge that awarded me the diminished value was a hardass, and I don't think he would have had I gone to their house to intimidate them or whatever. Call a lawyer if you feel you're not getting anywhere.
#36
09-28-2005, 12:53 PM
Leo, I'm really sorry to hear what happened regarding you situation. I hope you follow the legal advice everyone has given on this thread and pursue the kid's parents for reimbursement. He (the kid) definately should not get away with this.
You said he lived in the "ghetto." By saying that do you mean Downtown Orlando or somewhere closer? I'll ride with you to find that kid's parents if you want.
Regarding body shops, please consider going to All Fleet Services (owner: Richard). He's already done my car (front bumper), Todd's car (front bumper, hood, side panels) and Pimpinpearl's car (repeat of what todd had done) and host of other tuner cars from Jade Crew car club. Richard & Rob do good work.
His number is:
407 721 7355
His address is:
4854 Distribution Ct.
Suite #9
Orlando Florida 32822
Here's the map.
You said he lived in the "ghetto." By saying that do you mean Downtown Orlando or somewhere closer? I'll ride with you to find that kid's parents if you want.
Regarding body shops, please consider going to All Fleet Services (owner: Richard). He's already done my car (front bumper), Todd's car (front bumper, hood, side panels) and Pimpinpearl's car (repeat of what todd had done) and host of other tuner cars from Jade Crew car club. Richard & Rob do good work.
His number is:
407 721 7355
His address is:
4854 Distribution Ct.
Suite #9
Orlando Florida 32822
Here's the map.
Last edited by Demonteverde; 09-28-2005 at 12:56 PM.
#37
09-28-2005, 04:59 PM
nah~~ that wouldn't be downtown orlando~....its in Melbourne~~ Babcock street kind of devides the ghetto from the university area~~.....I don't think it would be smart for my roommate to go in to the other side of Babcock street to demand & argue in that part of neighborhood......unless he goes with crowd of 10 people & 5 carz or something like that~~
Couple week ago~ my friend saw bunch of guys in one of those old buick cars and one of them was holding a pistol in the car~~~ he got the **** outta there~~~ but......Leo~~ don't rush into that neighborhood~~ get some people to watch your back~~ more the better~~~
Couple week ago~ my friend saw bunch of guys in one of those old buick cars and one of them was holding a pistol in the car~~~ he got the **** outta there~~~ but......Leo~~ don't rush into that neighborhood~~ get some people to watch your back~~ more the better~~~
#40
09-28-2005, 07:05 PM
#41
09-28-2005, 07:27 PM
#42
09-28-2005, 07:55 PM
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I would approach the parents first and try to settle out of court. It's a lot cleaner and easier to do this. Otherwise, you're going to get into court costs, etc.
Try to get them to pay the $500 plus some additional money for medical costs and move on. Don't try to push them too hard or they will prefer going to court instead. Make it a fair settlement for all sides involved. Otherwise, it's going to take too much time and effort.
Try to get them to pay the $500 plus some additional money for medical costs and move on. Don't try to push them too hard or they will prefer going to court instead. Make it a fair settlement for all sides involved. Otherwise, it's going to take too much time and effort.
#43
09-28-2005, 07:58 PM
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#44
09-28-2005, 08:14 PM
wow... some of you are insane
for those of you who think that this kid should go to jail forever and bla bla bla.. damn... you need to chill. yeah, the kid messed up, but i mean come on.. you guys were/are kids also. The kid should have to pay for the damages.. obviously.. and have to wait to get a license till he's 18 or 21.. but thats just cause he got caught and obviously doesnt know how to drive.
People Mess Up.....
As far as recouping the damages. Call the family first, tell them that you would like to come over and talk to them to see if you can come to an agreement on an out of court settlement. If you go there with 10 people and 5 cars they wont even talk to you, thats the most ridiculous thing i ever heard. Trying to get them to pay for medical damages, also stupid... there arent any. If you go there and act like a normal person, in all liklihood they will treat you like a normal person, and you will get a normal outcome.
You just need to show to them that there are mutual benefits for everyone if its settled out of court.
filip
threats usualy only lead to more threats... keep that in mind.
People Mess Up.....
As far as recouping the damages. Call the family first, tell them that you would like to come over and talk to them to see if you can come to an agreement on an out of court settlement. If you go there with 10 people and 5 cars they wont even talk to you, thats the most ridiculous thing i ever heard. Trying to get them to pay for medical damages, also stupid... there arent any. If you go there and act like a normal person, in all liklihood they will treat you like a normal person, and you will get a normal outcome.
You just need to show to them that there are mutual benefits for everyone if its settled out of court.
filip
threats usualy only lead to more threats... keep that in mind.
#45
09-29-2005, 04:30 PM
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Ok, I didn't read through all of this but dude. If the guy told you he had insurance, blah blah. Then leaves and ends up not having insurance, that's called a hit and run. You give his license plate number to your insurance company and they go to town. Hit and run's are a FELONY.
It's just so easy. GIT 'R DONE!
It's just so easy. GIT 'R DONE!