Brandon_R
Guest
Totally agree.
To Sue, or not to Sue?
- Thread starter iGamer
- Start date
EQnoble
Well-known member
...and neither am I and this brings up a good point and I will say it first before i get side tracked if you haven't already attained the services of an attorney you should either hire one to stand with you or at least a consultation so you can prepare a proper case and at least some dialog that you can have in your arsenal.
Again you are in Texas and I'm in Connecticut and though Federally all laws are the same, our state legislations requirements differ in acts and judgements .
Anthony Parsons
Well-known member
It just baffles me... because in Australia you don't sue someone because they hit your car... that is what either your or their insurance does. If their insurance is null or void, then you yourself have your cars insurance which you can claim upon.
Insurance companies themselves have internal arrangements to seek cross monies between themselves. We also have what is called third party insurance compulsorily upon vehicle registration which covers personal injury, ie. if you are in the car and are injured, then you can sue the third party insurer if you lost a limb or have some life long disability.
I don't think I would like to live with all this sueing of one another for something like just a car accident that has no personal injury involved. Yuk!
Insurance companies themselves have internal arrangements to seek cross monies between themselves. We also have what is called third party insurance compulsorily upon vehicle registration which covers personal injury, ie. if you are in the car and are injured, then you can sue the third party insurer if you lost a limb or have some life long disability.
I don't think I would like to live with all this sueing of one another for something like just a car accident that has no personal injury involved. Yuk!
EQnoble
Well-known member
Yeah the whole insurance system is convoluted in my mind.
If you break something you pay for it, end of story, the jargon involved in insurance speak is its own language and I don't think insurance companies really have their customers best interest in mind, regardless how they advertise and that's a very broad general statement I know...it is what it is.
But about his particular case...
- the guy who hit him wasn't covered by the policy
- policy holders let him use the vehicle knowing he had no insurance and was not covered under their policy
- He did leave the scene of the accident ( if i remember correctly )
- They gave him the gtfo attitude about reimbursement
edited
Kim
Well-known member
Yeah, that was my immediate response, very different to here I guess, I can't imagine being put in this position because someone hit my car.
EQnoble
Well-known member
Well a lot of the 18-25 aged people now-a-days are reckless when it comes to driving here... they all think they're speedracer and will give you the finger for almost hitting you then proceed to weave thru traffic at 100 mph starring at people like they want a fight.
I just got my truck hit recently and will take a picture and make a new post so I don't jack this thread here.. but point is i got the shaft recently and it cost me too and was totally not my fault but because the way the law is written when it comes to traffic violations the insurance market around it must follow suit to be in business. In the end it's usually the innocent person who eats the loss in the situation.
Kim
Well-known member
Yeah we get plenty of moronic drivers here too, but the insurance is pretty clear cut I think, we have only made one claim ever, and that was because my husband was in the middle of a multicar pile up on a freeway, he was lucky not to be injured, our 9 month old car was written off - but it wasn't his fault, although it did cost us our excess and because the car was so new we lost the deposit money we had put in *grrrrr* but it was all settled by insurance... no suing or anything.
EQnoble
Well-known member
Well in some case like I said people ( I mean good established people ) need to sue parties and insurance companies because of shoddy and non-respectable behaviors practiced commonly.
To give you a clue to how sue happy people are here ( and lazy people who wont get up and get their own money since thats what they want so much )
My family rented out a two family home in the old immigrant neighborhood the settled in when they moved here in 1970 or so. about 9 or 10 years ago a woman supposedly fell on ice in front of our house 2 hours after a snowstorm. She had a mangled nose and no abrasions on her hands.
She went through the whole court process and swore up and down that it was our fault and blah-zey-blah until we hired a private investigator and proved her ex-husband was abusive and then she broke down and said he punched her only to make her sue us for money which was also a lie, she was willing to hurt innocent people for the gain of money and let her ex get away with assault. When that didn't work she blamed her selfish act on him not realizing she was no better than him for what she did. Remorseless.
She sued us because property owners have money and her man was a broke hoodlum. We knew this. We counter sued to defend our honor and the respectability of the system.
To give you a clue to how sue happy people are here ( and lazy people who wont get up and get their own money since thats what they want so much )
My family rented out a two family home in the old immigrant neighborhood the settled in when they moved here in 1970 or so. about 9 or 10 years ago a woman supposedly fell on ice in front of our house 2 hours after a snowstorm. She had a mangled nose and no abrasions on her hands.
She went through the whole court process and swore up and down that it was our fault and blah-zey-blah until we hired a private investigator and proved her ex-husband was abusive and then she broke down and said he punched her only to make her sue us for money which was also a lie, she was willing to hurt innocent people for the gain of money and let her ex get away with assault. When that didn't work she blamed her selfish act on him not realizing she was no better than him for what she did. Remorseless.
She sued us because property owners have money and her man was a broke hoodlum. We knew this. We counter sued to defend our honor and the respectability of the system.
Brandon_R
Guest
I applaud you EQ. Do you mind telling the outcome of your case? It would make me feel better knowing the lady got what was coming to her .
EQnoble
Well-known member
Yeah we only sued for the costs of us hiring an attorney and PI and won seeing as she admitted to making a fake police report.(never saw a penny)and then lied and got caught again blaming her ex...it was cut and dry with some surface scratching, but it was more the "your perversions will not kill this system" type of satisfaction. People don't seem to realize here that the system doesn't work if everyone tries to flip it for themselves.
Brandon_R
Guest
Glad to hear.
I am by no way a legal expert or even a legal novice
but if i was you, after i am finished with her in the civil court i would turn her over to the criminal court for filing false police reports as im pretty sure thats illegal 
Get her some jail time to teach her a lesson.
EQnoble
Well-known member
lol this was almost a decade ago....but it's the lesson that's present ( she did get locked up , so did her man, aww how romantic it's like they're finally doing something together lol ) We didn't have to do anything as far as her breaking the law that was taken care of by the courts she admited in court that she lied on a police statement...regardless the reason she wasn't under duress at the time so she broke the law.
DamienDarwick
Member
I do not think your home owners would cover something like that and if it did again your rates would go up. Personally it was up to the parents of the kid to "keep" up with their own child, if they cannot they should pay plain and simple. It was their actions that ultimately caused your problem since they obviously do not believe in punishing or controlling their unruly child. So maybe having to pay $6,000 will help them see that they cannot just let their child run around trying to hurt others. What if this kid had seriously hurt someone or even had killed someone because of this reckless behavior? Would the parents then say, "Oh please don't put us in jail we are so sorry everyone is dead!" In the end yes its a hassle but it would be worth it to me, the question is would it be worth it to you. Personally I would not want to open up the news paper at a later date and see the same kid had killed someone in a similar accident. Just my two cents.
Carlos
Well-known member
My problem with this situation is that:
1) The parents aren't doing the responsibility of raising the kid and helping him learn his car. Nope. It seems like the parents aren't even doing anything to prevent him from doing an accident again.
2) Insurance company is on this kid's side. And I smell a lot of abuse from the kid's side.
1) The parents aren't doing the responsibility of raising the kid and helping him learn his car. Nope. It seems like the parents aren't even doing anything to prevent him from doing an accident again.
2) Insurance company is on this kid's side. And I smell a lot of abuse from the kid's side.
Lycaon
Well-known member
I agree that the kids is at fault and that is parents should be taking responsibility for his actions but I disagree completely that they might be raising the kid wrong.
Maybe they did raise him right, that's not to say that he wouldn't turn out to be a bit of a bugger sod.
I have an older brother and younger sister. We were all raised the same way, my brother and me are pretty much identical, we try to do the right thing all of the time, if for some reason we've done something wrong we take responsibility for it.
My sister is completely different, I'm not saying she's a bugger sod because she isn't but she does do and say things that aren't right but has no idea she's done it, to her, if she does something she wants then it's alright.
I'm not saying that the kids parents did raise him right, we don't know. I just don't think it's fair to automatically blame the parents.
Maybe they did raise him right, that's not to say that he wouldn't turn out to be a bit of a bugger sod.
I have an older brother and younger sister. We were all raised the same way, my brother and me are pretty much identical, we try to do the right thing all of the time, if for some reason we've done something wrong we take responsibility for it.
My sister is completely different, I'm not saying she's a bugger sod because she isn't but she does do and say things that aren't right but has no idea she's done it, to her, if she does something she wants then it's alright.
I'm not saying that the kids parents did raise him right, we don't know. I just don't think it's fair to automatically blame the parents.
Mert
Well-known member
I would not hesitate to sue . Mainly i want my family live in peace . If kids like this will drive on streets , you can never feel yourself or your family safe. The guy ( i don't recall him a child ) know all his actions as he faced a similar situation previously and he still doesn't care if he can hit another car or a person. That's why both him and his family should learn the lesson.
It is not your problem at all if the family is selling their houses and the court can delay that process. It is their own problem and they could easily avoid that problem by not letting the car to their child in first place.
It is not your problem at all if the family is selling their houses and the court can delay that process. It is their own problem and they could easily avoid that problem by not letting the car to their child in first place.
feldon30
Well-known member
You can do that in the US, but it ends up costing you.
- Seeing your car wrecked and having to deal with phone calls and paperwork
- Your car never runs properly again
- Your insurance premiums double for the next 2 years.
EQnoble
Well-known member
Well you can only use your insurance here if you have coverage for being hit by an uninsured motorist...in an event like this. 2 years is the minimum it will go up for and if the driver with insurance in question is under 25 forget about it...you might as well wait until your 25 as you don't get a break on your insurance until then. For the most part though feldon you are absolutely correct.
You pay for insurance , someone hits you, they didn't follow the rules but because you do it comes out of your pocket. Being the nice people they are you can pay monthly out of pocket for it simply by paying higher premiums and well I would like to relate this to the mafia. It's the only other group that could force you to pay for your protection and not cover you when you need it. Someone figure out a better system for insurance/accident loss compensation please, I'm sick of globally backing criminals by following the law and paying my insurance tab.
Brandon_R
Guest
If you decide to let this go and a month from now you see the same kid ran into a school with another car his parents bought him? How would you feel knowing you could of stopped something like this?
I think someone said this a few pages back, but we owe to all the people who have been killed by idiots, whose life had been taken wrongfully from them, who never got the chance to live a full life, to go through the proceedings to ensure this doesn't happen again. It may look like your paying too much money right now but in the end, the earnings of society will be priceless knowing another one of these "people" are off the streets.
I think someone said this a few pages back, but we owe to all the people who have been killed by idiots, whose life had been taken wrongfully from them, who never got the chance to live a full life, to go through the proceedings to ensure this doesn't happen again. It may look like your paying too much money right now but in the end, the earnings of society will be priceless knowing another one of these "people" are off the streets.
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