Please reread the OP posts
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uninsured motorist totals our vehicle... (OP comments on page 4)
- Thread starter chickenpiedpiper
- Start date
Good luck in finding her past driving record. Sometimes you can find those at the court house or police department. Not sure if the PD would allow public viewings on tickets. Online does help and with my local PD, I can find them online search for certain invididuals and got all my information there.
Uh, HennysMom...I don't think they all walked away without serious injury...got a kid still in the hospital last we heard. It doesn't sound life-threatening so their is definitely something to be thankful for!
There's really no need to go "to court" per se, as in filing charges/suit against the lady. If she is agreeable to the terms of a settlement then a lawyer could draw up a binding document/contract and you could have it probated, making it a public binding document. Many contracts/deeds/etc are handled this way. We've all heard of "out of court" settlements. If she agrees to a settlement many things could be include...garnishment of wages, liens against property, payment schedules, any other stipulations, etc.,. Don't make the terms of payment unbearable (of course)....remember, $50 a month is better than $0 a month. It would all be legal. But...she would have to agree to the terms contained in it.
As HennysMom stated...do it legally. Whether you go for an "out of court" agreement or go before a judge in a lawsuit...make it legal and binding. The trick is, after you get a "settlement" via a lawsuit action then you have to collect...liens and garnishments are two courses of action that come to mind. In the past I've had to take debtors to small claims court...it's easy to win these cases but *hard* to collect in most cases. With an "out of court" *legal* settlement then at least she has already agreed to the conditions of payment.
Whichever route you decide to take things will eventually work out. You may never realize any monetary restitution from the loss or you may be paid in full. Given time this situation will recede into the past as an unpleasant experience...the money factor will even be less urgent. When that time arrives, what *will* matter is whether you are happy and satisfied with the way that you carried yourself through this ordeal.
Again, best wishes for a good outcome,
Ed
There's really no need to go "to court" per se, as in filing charges/suit against the lady. If she is agreeable to the terms of a settlement then a lawyer could draw up a binding document/contract and you could have it probated, making it a public binding document. Many contracts/deeds/etc are handled this way. We've all heard of "out of court" settlements. If she agrees to a settlement many things could be include...garnishment of wages, liens against property, payment schedules, any other stipulations, etc.,. Don't make the terms of payment unbearable (of course)....remember, $50 a month is better than $0 a month. It would all be legal. But...she would have to agree to the terms contained in it.
As HennysMom stated...do it legally. Whether you go for an "out of court" agreement or go before a judge in a lawsuit...make it legal and binding. The trick is, after you get a "settlement" via a lawsuit action then you have to collect...liens and garnishments are two courses of action that come to mind. In the past I've had to take debtors to small claims court...it's easy to win these cases but *hard* to collect in most cases. With an "out of court" *legal* settlement then at least she has already agreed to the conditions of payment.
Whichever route you decide to take things will eventually work out. You may never realize any monetary restitution from the loss or you may be paid in full. Given time this situation will recede into the past as an unpleasant experience...the money factor will even be less urgent. When that time arrives, what *will* matter is whether you are happy and satisfied with the way that you carried yourself through this ordeal.
Again, best wishes for a good outcome,
Ed
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Yup, if she's got a "record" it should be public unless it was expunged or they were incidents while she was underage. Courthouse is a place ot start, but you can also do searches on line - they can get pricey though.
Yup, if she's got a "record" it should be public unless it was expunged or they were incidents while she was underage. Courthouse is a place ot start, but you can also do searches on line - they can get pricey though.
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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....
Yep - normally you would report it to your insurance company and they would handle all of that..but..since you dont have it on this vehicle - the way it all comes out is through court.... so.... you must file.
Chances are it will go down this way: You will get your damages and medical because you have a FARM USE vehicle - although... the judge will probably issue your hubby a citation as well (or a stern warning) because he wasnt to be driving that vehicle other than for farm use -...thats why you have special tags and do not have to pay for inspections, stickers, etc) - so... there's that to deal with. You need to check out what the laws are for Farm Use vehicles in your state.... but you have already waited 3 days from the accident - get everything together and get filing your case, the longer you wait...the more you'll regret it (and the court will chastise you...).
ETA: Farm use vehicles can be driven usually within a 50 mile radius from home -thats allowable by law (at least here in VA its 50 miles) - so check what it is in your state.
But - she was clearly at fault ( and now you know why she doesnt have insurance....if she was in previous accidents...she cant afford it). Dont feel bad about going after her either , the parents of those kids I'm sure are going to ask for medical compesation, as well they should.
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....
Yep - normally you would report it to your insurance company and they would handle all of that..but..since you dont have it on this vehicle - the way it all comes out is through court.... so.... you must file.
Chances are it will go down this way: You will get your damages and medical because you have a FARM USE vehicle - although... the judge will probably issue your hubby a citation as well (or a stern warning) because he wasnt to be driving that vehicle other than for farm use -...thats why you have special tags and do not have to pay for inspections, stickers, etc) - so... there's that to deal with. You need to check out what the laws are for Farm Use vehicles in your state.... but you have already waited 3 days from the accident - get everything together and get filing your case, the longer you wait...the more you'll regret it (and the court will chastise you...).
But - she was clearly at fault ( and now you know why she doesnt have insurance....if she was in previous accidents...she cant afford it). Dont feel bad about going after her either , the parents of those kids I'm sure are going to ask for medical compesation, as well they should.
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Hate to admit it, but we did this for YEARS....
We don't anymore, we have insurance... But hey, sometimes you've got to do what you've got to do.
And I will agree with everyone else who has said that if she doesn't have insurance, she probably has nothing else! You can't get blood from a stone!
Hate to admit it, but we did this for YEARS....
We don't anymore, we have insurance... But hey, sometimes you've got to do what you've got to do.
And I will agree with everyone else who has said that if she doesn't have insurance, she probably has nothing else! You can't get blood from a stone!
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You cant do those things on your own - they must be enacted by a court order.
Also - the reason to do it legally and through a court is because, yes..as InTheSwamp stated, you can draw up a "handwritten/signed contract" between the 2 of you - absolultely, but when she defaults - you're going to end up right back where you started... back in court and back at square one, paying more court fees to file, and taking more time off of work to go, then hiring a lawyer and - thats even if, by then ..you can find her if she doesnt skip town.
Do it the right way...the first time.
You cant do those things on your own - they must be enacted by a court order.
Also - the reason to do it legally and through a court is because, yes..as InTheSwamp stated, you can draw up a "handwritten/signed contract" between the 2 of you - absolultely, but when she defaults - you're going to end up right back where you started... back in court and back at square one, paying more court fees to file, and taking more time off of work to go, then hiring a lawyer and - thats even if, by then ..you can find her if she doesnt skip town.
Do it the right way...the first time.
I've learned (more than once) to not immediately think the best in people. When you begin doing that, it is only YOU who will get hurt in the end.
I've heard of so many people thinking they will be "nice" and settle accidents out of court and almost every time they get screwed.
She ran a stop sign and hit your husbands truck. Whether she has other bills to pay or what not, it was HER fault that your truck is now damaged. If she was paying attention, she would not have run the stop sign. I know when I have young children in a car with me (Especially if they are not mine!) I drive VERY carefully. She should have been doing the same. Thank goodness no one was seriously injured. However, I don't agree with others who are saying you should be concerned for the health (and medical bills) of the children in that other car. You have your own family and your own bills to be concerned about. Yes, you should be glad that no one was killed, but if you start getting yourself in a bunch over people, you will lose touch with the things that matter to YOU.
I know its harsh, but don't let yourself lose out because you want to do some "good" for someone else. Take her to court and get a lawyer. If you try to work something out without the court, chances are you'll lose out and waste a lot of time. Then you'll lose both the truck and the potential money that could have replaced it. Its unfortunate, but people these days just cannot be trusted. When it comes to money and your livelihood, take care of yourself and your family, not someone else. If she wanted to be irresponsible and run a stop sign, she was more than willing to take the risk of owing others' money for the damage she may have caused.
If this was not her first accident and she was at fault for the ones previous, then she probably will not learn a lesson from this one either. There's no sense in trying to be her friend so that you can help teach her a lesson. You'll only be wasting your time.
I really don't mean to sound nasty at all (And I'm definitely not trying to be nasty to the OP) but it gets me angry when people suggest that you see the good in others. Yes, some people are genuinely good and would actually pay back the money owed for damage caused in an accident, but what's telling her she HAS to, other than guilt in this situation? Guilt isn't strong enough to force her to pay...and what's to say she is even feeling any guilt at all? If this is the second accident caused by her, then she must not feel very much guilt for the first!
I know if it was me, the last thing I would want to do is suck up the costs of a $4000 truck and move on. There's no way I'd be able to afford that, and in these times, there's not many others who could either. Even though there's a chance you may not be able to get your money back even with a lawyer, you still may be able to get her off the roads to prevent this from happening again.
I've heard of so many people thinking they will be "nice" and settle accidents out of court and almost every time they get screwed.
She ran a stop sign and hit your husbands truck. Whether she has other bills to pay or what not, it was HER fault that your truck is now damaged. If she was paying attention, she would not have run the stop sign. I know when I have young children in a car with me (Especially if they are not mine!) I drive VERY carefully. She should have been doing the same. Thank goodness no one was seriously injured. However, I don't agree with others who are saying you should be concerned for the health (and medical bills) of the children in that other car. You have your own family and your own bills to be concerned about. Yes, you should be glad that no one was killed, but if you start getting yourself in a bunch over people, you will lose touch with the things that matter to YOU.
I know its harsh, but don't let yourself lose out because you want to do some "good" for someone else. Take her to court and get a lawyer. If you try to work something out without the court, chances are you'll lose out and waste a lot of time. Then you'll lose both the truck and the potential money that could have replaced it. Its unfortunate, but people these days just cannot be trusted. When it comes to money and your livelihood, take care of yourself and your family, not someone else. If she wanted to be irresponsible and run a stop sign, she was more than willing to take the risk of owing others' money for the damage she may have caused.
If this was not her first accident and she was at fault for the ones previous, then she probably will not learn a lesson from this one either. There's no sense in trying to be her friend so that you can help teach her a lesson. You'll only be wasting your time.
I really don't mean to sound nasty at all (And I'm definitely not trying to be nasty to the OP) but it gets me angry when people suggest that you see the good in others. Yes, some people are genuinely good and would actually pay back the money owed for damage caused in an accident, but what's telling her she HAS to, other than guilt in this situation? Guilt isn't strong enough to force her to pay...and what's to say she is even feeling any guilt at all? If this is the second accident caused by her, then she must not feel very much guilt for the first!
I know if it was me, the last thing I would want to do is suck up the costs of a $4000 truck and move on. There's no way I'd be able to afford that, and in these times, there's not many others who could either. Even though there's a chance you may not be able to get your money back even with a lawyer, you still may be able to get her off the roads to prevent this from happening again.
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You didn't read the info. First of all, there is no requirement for insurance in New Hampshire. No 'rule' was broken there. Secondly, Agricultural Plates are allowed to leave the farm for farm related purposes. No 'rule' broken there. The OP has requested no judgement, just assistance. Please stick to that.
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Again, the State of New Hampshire does not require insurance. Stop the judgements, especially since they are not based on fact.
You didn't read the info. First of all, there is no requirement for insurance in New Hampshire. No 'rule' was broken there. Secondly, Agricultural Plates are allowed to leave the farm for farm related purposes. No 'rule' broken there. The OP has requested no judgement, just assistance. Please stick to that.
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Again, the State of New Hampshire does not require insurance. Stop the judgements, especially since they are not based on fact.
Quote:
You didn't read the info. First of all, there is no requirement for insurance in New Hampshire. No 'rule' was broken there. Secondly, Agricultural Plates are allowed to leave the farm for farm related purposes. No 'rule' broken there. The OP has requested no judgement, just assistance. Please stick to that.
There are a lot of folks who didn't actually read what the OP has said as far as facts go. Sorry OP - we are getting away from what you were wanting - again! I really do hope this all works out for you - especially since the other driver appears to be a repeat offender.
You didn't read the info. First of all, there is no requirement for insurance in New Hampshire. No 'rule' was broken there. Secondly, Agricultural Plates are allowed to leave the farm for farm related purposes. No 'rule' broken there. The OP has requested no judgement, just assistance. Please stick to that.
There are a lot of folks who didn't actually read what the OP has said as far as facts go. Sorry OP - we are getting away from what you were wanting - again! I really do hope this all works out for you - especially since the other driver appears to be a repeat offender.
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