by Guest » Fri Dec 12, 2008 12:44 am
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?
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?
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
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.
Posted: Fri Dec 12, 2008 04:28 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.
Posted: Fri Dec 12, 2008 04:37 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.
Posted: Fri Dec 12, 2008 05:07 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.
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.
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?
Posted: Mon Dec 15, 2008 03:11 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.
Posted: Mon Dec 15, 2008 01:50 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,
Posted: Tue Dec 16, 2008 02:03 am Post Subject: insurance
First of all I want to 'praise' you for your responsible kids, FK. :D 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??
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