uninsured motorist totals our vehicle... (OP comments on page 4)

[chickenpiedpiper]

Thank you for your thoughts, We are hoping to avoid a lawyer if we can, I have yet to have a positive experience with one, even when I hire them! (sorry, no offense to all the legal people out there, I know you are just doing your job)

I just am putting myself in her shoes, and wouldnt want to add legal fees to her already considerable burden. Her afternoon at the beach has turned into hell in 3 seconds. Poor creature.

 

[flopshot]

OUCH !! that could have turned out real bad.

 

[greyhorsewoman]

Since you said all the children required medical attention, and there was no insurance, she is already going to be liable to them for medical damages. Paying for a truck may not be uppermost on her mind.

I, too, feel sorry for her dilemma. This is why we carry insurance, because you never know when something innocent will happen (that's why they call them accidents).

 

[scbatz33]

She's lucky she's not dead! WOW! IMHO, I would not expect a lot - if anything - from the other driver. If you only had liability and she had nothing at all, the likelihood she will step up and pay for the truck is not a big one. I would have to seriously consider if it is worth it in the long run. I realize that $4000+ isn't a small amount of money (at least to me) but it may cost you more in the long run trying to squeeze blood from this particular turnip.

Good to know everyone is ok. Hope the young man in the hospital recovers quickly.

 

[Intheswamp]

No insurance is required but I don't know what effect that the "Finanacial Responsibility requirements" will have on things. Here is something that I found on the State of NH website...

New Hampshire motor vehicle laws don’t require you to carry auto insurance.
However, if you have an “at-fault” accident and don’t have auto insurance, the
New Hampshire Division of Motor Vehicles could require you to post a bond or
cash equal to the amount of damage you caused in that accident. You also
would be required to satisfy the New Hampshire Division of Motor Vehicle
Financial Responsibility requirements. This means you must buy auto
insurance with minimum coverage amounts set by the Division of Motor
Vehicles. You must satisfy these requirements to continue to drive legally in
New Hampshire. For more information on financial responsibility requirements
contact the New Hampshire Division of Motor Vehicles at 603-271-3101 or
www.nh.gov/safety/dmv.

This is from an insurance website in New Hampshire... These minimum limits are 25/50/25: bodily injury of $25,000 per person; $50,000 for 2 or more persons; and Property Damage of $25,000. A $75,000 single limit policy will also satisfy the minimum requirement.

The problem with our country is that it has become a suit-happy society...take the healthcare industry for example...it is the poster-child for lawsuit abuse and we see how the costs of this problem has made healthcare costs soar through the roof. But I digress...

There is still a child in the hospital and we're already talking about collecting for a totaled out truck.

It is a bad situation for all involved, I agree, and I do not intend to diminish your monetary loss, cpp. The biggest cost out of all of this is going to be the healthcare costs...the cost of the truck will be negligible compared to this. The hospital will seek money from anybody they can get it from, the children's famlies may want compensation for their kids, ad naseum...

You've stated that ya'll have 4 trucks. Maybe a car/suv, also? The number of vehicles tends to lead me to think that you own probably more than just vehicles...thus having some net worth. Alienating the lady driving the car would be the last thing that I would want to do right now. I personally would want her to actually see me as a friend or at least a "good person" that isn't going for blood.

Now, you can take the "going for blood" statement ever how you want to, but for someone who's probably still stiff and sore from a wreck, who's probably trying to figure out their own transportation, who's worried about the injured kids and your husband, who's worried about "what's going to happen?"...well, it's a good chance that anything aggresive towards them will be taken as a threat.

I can only say what I *think* that I would do if I was in your situation, but I would want her to consider me as an ally of hers...the hospital will be looking for payment and they really don't care who's fault it is as long as they get the money. The kid's parents...????

Don't take this the wrong way but... If your truck had not been where it (legally) was, then the lady would not have hit you when she (illegally) ran the stop sign, in which case running the stop sign did not injure the kids but rather the impact of hitting your vehicle is what injured them. Lawyers, judges, juries...they do the darndest things, put nothing past them.

I would inquire about her well being, show genuine concern, and for now leave it open-ended regarding restitution for the truck.

As for the comments about "karma"...I don't believe in it.

Best wishes to all involved,
Ed

 

[ohiofarmgirl]

wow what a hit - but so glad that you guys are alright.

no lecture here about insurance and a reminder to all that just because the other drive is insured there is no guarantee you'll get paid.

i just ended (victoriously) a 5 month long battle with One Big Insurance company - some idiot crossed a wide and grassy median and t-boned us at 70 mph. nice. we were totaled, we were hurt and they were going to give us the big screw. we finally got a settlement - we werent out for blood either - and it was a huge fight.

but first - i wouldnt buy the 'the truck isnt insured' b/c THEY are insured - your insurance 'follow's' you which is why you dont NEED to buy insurance for driving some one else's car or when you rent a car. i'd find out who they insure with and go at them first.

here is what i learned and you can apply it to your situation:

1. put everything in writing - and then send it registered to the other party to prove they got it. i'd fire the first one off to their insurance co and make sure they know who was ticketed. do a search on 'how to settle with an uninsured driver' to get ideas - there is a ton of stuff out there.

2. have a settlement total in mind: any medical bills + current value of your vehicle + any lost wages + rental car etc

3. dont back down and buy their sad story for one minute. give them YOUR sad story - you are now out of a vehicle due to their negligence. if she got ticketed there is no argument. if they dont have any money then they can hand you over one of their trucks.

4. you said they have 4 trucks that are commercial? if they wont deal with you then direct your efforts toward their company/business

5. read everything you can from your state's insurance commissioner - it will give you a perspective on what is reasonable and what avenues you have.

6. you can always take them to small claims. in our state the max is like $2000 - but thats better than nothing.

7. dont be afraid to talk to an attorney - usually you can go in and talk to someone FOR FREE initially to see if you even have a chance. but clarify this initially and say "i understand that this consultation is not going to be billed, RIGHT?. even if they get 30% its still better than nothing. and s/he can advise you immediately if you can go after their insurance company or not.

pm or email me if this is the kind of info you need.

good luck!

 

[chickenpiedpiper]

Interesting.

ed your view point is definetly interesting. I dont believe that just because we have worked our collective butts off for the last 10 years to build a stable if not lucrative landscaping business, puts us in the position where we can afford to just suck up the loss of a vehicle and equipment.

I am going to approach her as a fellow human being in a horrible situation, I am going to be as amicable as possible, and of course (as I feel I have stated repeatedly) I feel bad for her and the children involved. However, just because we have earned something of value doesnt mean that we dont have the mortgage and monthly car payments to show for it! We cant really afford the loss of the vehicle, even if it is a farm truck, it had a purpose and will need to be replaced, it was our plow truck, etc.

I am willing to work with her over time, but I am not able, or willing to just let it go, or suck it up. I know it was an accident on her part, and I understand 'accident' but I also understand responsibility.

I am hoping that some one may have experience with setting up a long term settlement, if something like that has ever succeded for you? where did you get the forms? has anyone ever done that?

Thank you

 

[HennysMom]

Thank the Lord you are all okay and all walked away without serious injury.

Thats first and foremost.

You can take her to court - although small claims court ususally caps out at 5,000 in most states (and sometimes less depending on which state you're in), so it would have to go to a different court rather than small claims. You need to do this - even if she doesnt have anything to her name - the judgement will be for future earnings down the line and the judge can order her to drivers safety (a must for all offenders, espeically if she wants her license in the future or not to carry high risk insurance, which may be ordered by the court as well if she doesnt attend classes), as well as community service. There is no way around these things - you have to take her to court. I know you feel bad about it, but you need to look at it from a different perspective for a moment: What if you hit someone? Do you think they'd be so concerned about you as you are of them? What if this person had killed your husband? Same question to you. I know you're thinking with your heart right now but you cant, unfortunately - its up to the judge to decide her punishment, not you. You can ask for leniency with the judge, but you do not know her driving background either or her personally. For all you know she could have a DUI, 10 speeding tickets and have been in numerous accidents in the past and this is her final straw. OR... this could be her first accident ever - and will teach her a lesson about paying attention while driving. It could have been much worse.. lives could have been lost.

Either way - you must take her to court - not to be "sue happy", no.. but to do what must be done, the right way, the just way. You will never collect from her probably, but it will be on file and she will have to attend courses and whatnot - by the law as it should be -she should not walk away from this scot-free because you feel bad for her. She ran a stop sign - its punishable by law, she could have killed herself, all those kids and your husband....that is warranted by facing a judge and dealing with the hand thats dealt to her. It will be hard no doubt, but its the just thing to do. ETA: you cannot write up a statement of settlement between the two of you and consider it legal and binding over the course of so many years to get this girl to pay off her debt; you should have this done by the courts to make it official - that way if she defaults, or moves, or whatever, THEY will track her and make it punishable - not you. Do it legally....its the only way

As for uninsured motorists - here in VA - you can pay $500.00 to purchase Unisured Motorists Insurance every year. If you dont pay it, DMV can and does issue you insurance to whomever they want (which usually is extremely high) - and you will have to pay it or forfeit your drivers license. They catch you by tags and personal property taxes as well as your insurance agent must report a form every 6 months to keep on record that you are current on your payments. If you arent - and DMV catches you... watch out - fines galore and then you're really in trouble. Our 18 y/o daughter has a 10 year old car and carries the state minimum on it (25K in liability only, which isnt much) and it runs her $150.00 a month through All-State ($1800 year) - so..yep, its expensive to have insurance, but some is better than none.

Good luck to you.

 

[Intheswamp]

Quote:
Hmmm, me thinks you have misread some of the facts regarding the situation.

Ed

 

[chickenpiedpiper]

Quote:
Oh my god, you are right, in all of this I TOTALLY forgot! I was told by one of the officers, who knows both Rob and I, that the uninsured driver had ben in another accident previously, and he remembered her from that! Oh Jeez.... I forgot.

Thank you, I need to know more about this person before I get my conscience in a bunch over her predicament.....

The police report will only have limited info pertaining to this event, anyone know how I can, or if I should, get more info on her?

Hmm, now I am really nervous....