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

[chickenpiedpiper]

Quote:
Ok, in our area, we are allowed to take a vehicle with ag plates up to 20 miles from the original farm. are subject to vehicle inspections and registrations. We were totally LEGAL here people. We broke no laws. we were registered and inspected!

The chief of police just stopped by and informed us that the video clearly shows that she NEVER even tapped her brakes, just flew right thru the stop sign right into Rob. She is at fault and they are issuing a warrant for her right now.

The Boy was released yesterday, he had a broken arm and a nasty concussion, but will be ok. fortunately everyone had thier seat belts on! (thank god)

And I dont see how you can make a statement like we should suck it up and 'bear the burden of our responsibility, two wrongs dont make a right' Give me a break, I will say it one more time.....

Rob was completely LEGAL. no funny business was being done with plates or lack of insurance. He was totally within his rights to be driving the vehicle when and where he was!

I think I have gotten the info that I need, from people advising me to have a conversation, draw up a mutually agreeable resolution, and have it done thru the courts. We would agree to a small monthly payment. It is not our wish to make things worse, but we also cant afford to 'suck it up'.

So, thank you to all who gave your input.

 

[ibpboo]

If they are issuing a warrant, then she'll probably have to go to court. Be sure to attend that court hearing, and have talked with the DA beforehand. You can submit a letter to the court beforehand, expressing your loss, medical bills etc. The court will award restitution.

Also, do you have a 'Victims of Crime' department in your court house? Get in touch with them immediately. They will help you a great deal.

 

[HennysMom]

sending healing thoughts to the little boy... poor fella - but so glad its just a broken bone and concussion.

Keep us posted on how it all goes hun.... keeping my

crossed for you and yours!

 

[Intheswamp]

And hopefully all the advice and suggestions everybody has given you is worth more than what you paid for it.

Best wishes,
Ed

 

[Chicksdigit]

Quote:
Ok, in our area, we are allowed to take a vehicle with ag plates up to 20 miles from the original farm. are subject to vehicle inspections and registrations. We were totally LEGAL here people. We broke no laws. we were registered and inspected!

The chief of police just stopped by and informed us that the video clearly shows that she NEVER even tapped her brakes, just flew right thru the stop sign right into Rob. She is at fault and they are issuing a warrant for her right now.

The Boy was released yesterday, he had a broken arm and a nasty concussion, but will be ok. fortunately everyone had thier seat belts on! (thank god)

And I dont see how you can make a statement like we should suck it up and 'bear the burden of our responsibility, two wrongs dont make a right' Give me a break, I will say it one more time.....

Rob was completely LEGAL. no funny business was being done with plates or lack of insurance. He was totally within his rights to be driving the vehicle when and where he was!

I think I have gotten the info that I need, from people advising me to have a conversation, draw up a mutually agreeable resolution, and have it done thru the courts. We would agree to a small monthly payment. It is not our wish to make things worse, but we also cant afford to 'suck it up'.

So, thank you to all who gave your input.

Good Luck on that. I hope it works out well for you. If she doesn't buy insurance chances are she has responsibility issues and chances are you are going to have a hard time re-couping your losses. She not only has Medical for her and a bunch of Children she also needs to replace her car which she will try to do before she thinks of your needs. As I said Good Luck, and Please keep us informed.

 

[Whispering Winds]

Quote:
We have "uninsured driver" fee on our insurance in Illinois. La is the worse state in the union for non-insured drivers. So many of them work on barges or whatever and are gone a month, home a month and its cheaper to pay the ticket than to pay for insurance they don't use. This is quoted from a military family who just moved back to Il. from Fort Polk.

 

[pips&peeps]

My suggestion is to call an attorney and stop debating and defending yourself to us "chicken farmers"........

 

[Suellyn]

That photo made my stomach drop, so glad everyone will recover.

So sorry that you repeatedly have to keep defending an RE-explaining yourself, too..

!!!

Something that popped into my head: If she has been in a previous accident, then would that put her in the category of "mandatory insurance" in your state? I am in PA & insurance is mandatory on everything short of my 4 yr old's tricycle, so I don't know much about states where it is optional, *BUT* from the info I've read on this thread, it sounds like sometimes after an accident a driver is *REQUIRED* to have insurance?????

Sooooooo, the way I see it: if she doesn't have insurance (ILLEGALLY!), has been in an accident before, and was at fault for this accident by breaking a VERY BASIC traffic law (running a stop sign), WITH CHILDREN IN THE CAR, then she has a pretty scary pattern of behavior, and AT BEST, does not take her driving responsibilities very seriously.

Okay, I might be a bit "jaded" here, because my DH is a State Trooper, and has had to deal with HORRIFIC outcomes of similar situations, but that pretty much puts her into the category of a "repeat offender", and IMHO puts her at high risk of resuming her irresponsible ways after the immediate trauma of the accident wears off. I'm not saying she's an evil, awful, human being, we don't know her, but I AM saying another reason to procede thru "the system" is to get it "on record", which may (or may not) help ensure that this does not happen AGAIN... At least you will know that you have done all you can do to prevent it.

Oh, and of course to be compensated for your truck, which you FULLY deserve.

!!

Maybe an attorney in your area with a "free consultation" would be helpful. Oh, and the police involved may have some good advice & help direct you (?)

!!

 

[Krysstyllanthrox]

Get everything in writing.

Get a notebook and start making notes on who you talked to and what you were told.

If you talk to her, write notes as you talk. Date them, put a time on them.

If she agrees to a settlement or payment plan, get it in writing. Even if she won't agree to sign a "legal" document, get her to sign a sheet of notebook paper saying she has agreed to pay you back. That way, if she breeches your contract you have recourse to show she broke it.

I work in a profession that could be very sue happy if our information is incorrectly reported. Every single time I'm on the phone I've got a notebook and pen handy. I jot down who I talk to, what date, what time, and brief notes regarding what we talked about. My boss(es) have all told me this is very good legal protection. Memories can be faulty, notes support what actually occured.

 

[gaited horse]

lets find them and play bumper cars I feel evil today for some reason