need legal advice *accident no insurance*
#31
Re: need legal advice *accident no insurance*
yea thats what im going to try do. atleast see if theyre going to be ignorant about it or not. if theyre pretty nice people then it may go easy. if theyre assholes about it then i kno ima have to go to court.
#33
#34
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Re: need legal advice *accident no insurance*
Step 1:"Hi, I'm the victim of a hit and run. Your son is the defendant. Here is the police report. Here is the shop estimate of repairs for my vehicle. Would you like to settle this out of court or should we proceed with a court case?"
Step 2:????
Step 3:Profit
Step 2:????
Step 3:Profit
#35
Re: need legal advice *accident no insurance*
haha that was easy i guess. seemed like everything i thought to say came off like an asshole(even tho i have a reason to) and that wont help me at all. theyre not home right now cause i can see theyre house from my window lol.
#36
Re: need legal advice *accident no insurance*
I was under the impression that any car on the street, has to have insurance on it. Whether its just parked or what. That's the reason I haven't removed my dad's truck from my insurance, because I don't want someone to hit it and we have nothing to do.
#37
Re: need legal advice *accident no insurance*
http://www.furnissdavis.com/index.htm
Rashkind teaches Insurance Law at W&M's law school. Knows his stuff. I don't even know if he takes on private parties as clients to be honest, but he's a nice enough guy that he'd probably point you to someone who would. He also has a very realistic outlook (i.e. he'll tell you what's what so you don't waste your time on a case that gets you nowhere).
Rashkind teaches Insurance Law at W&M's law school. Knows his stuff. I don't even know if he takes on private parties as clients to be honest, but he's a nice enough guy that he'd probably point you to someone who would. He also has a very realistic outlook (i.e. he'll tell you what's what so you don't waste your time on a case that gets you nowhere).
#38
Re: need legal advice *accident no insurance*
Second, You can title a vehicle for tax purposes but if the vehicle is inoperable. Then you do not have to carry a registration or insurance on the vehicle. If the vehicle is in your possession then it must be titled in your name.
If a vehicle is not titled, registered, insured, and inspected. Then it can no way shape or form be on city property. (IE. a city street). If it sits on your property. It can fall under the hobbiest laws. But it cannot be an eye sore. Which means that the car cannot look like crap from the street.
Your act in putting it on the street makes it illegal on your part. Depending on the judge you get... he could throw it out of court.
Whether you go to court or not, to witness makes no difference on your lawsuit. You cannot sue somebody twice for the same crime. But you are not sueing him. The state is convicting him of criminal and traffic violations. Whether he is found guilty of the charges or the charges are dropped has no ill effect on your case. He still hit your car requardless if he is guilty of reckless driving.
There are a few ways that you can go about trying to take care of this.
First... probably going to be the best shot. Is his parents insurance. In most cases when you have full coverage insurance. You are required to list every driver in the household and in doing so every driver is covered. So he would be covered by his parents insurance in whatever car he is driving. (it is worth looking into, not all insurance companies do it)
Second... You can take him to court. You will more than likely win the lawsuit. He has nothing and can file bankruptcy and you will get nothing. Or he will just stiff you for the money, in which case you will have to follow up and go to the court house and ask to have his license pulled to try and force him to pay. But seeings how he doesn't seem to be making smart decisions. He will probably just keep driving anyways and you will never see a dime.
Third... I do not know where you live or who you live with but if it is in a house then since the vehicle was on your property there is a small chance that the homeowners insurance or the renters insurance may cover it. In which they will pay for the damages and then go after the guilty party. I is worth checking into as well. I hope this helps out and you get what you are going for. Good luck. let me know if you need me to explain anything.
Last edited by FairladyZTT; 05-13-2009 at 01:32 AM.
#39
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Re: need legal advice *accident no insurance*
I was actually talking about whether or not it physically has a plate mounted on it or not, not the act of registering it. You get the plates when you register it, but that doesn't mean that you've physically attached the plates to the car. That was my point. The plates could be sitting in the garage with the car parked on the street, but the car still needs to have insurance if it is a functional vehicle.
#40
Re: need legal advice *accident no insurance*
OP where was your car parked? The street or in your driveway? It is NOT required in Virginia to have insurance on a registered car. There is a fee you can pay ($500) called the uninsured motorist fee and then you don't have to carry an insurance policy on your vehicle. Ever wonder why when you're pulled over the cops (in most circumstances) don't ask you for proof of insurance?
Next, if he just bought the car on a Saturday he SHOULD be covered by his insurance company if he's listed on any policy including his parents. Most insurance companies give a grace period of after you buy a car to quote with them the insurance. It's worth checking into, and talking with his parents about it.
Also, you can go to your local clerk at the court and file a suit in small claims court against him. You can even bring the cops in as witnesess (most police departments charge a fee to use their officers in a civil suit). You won't need an attorney, but you will have to pay a filing fee and you should come to court dressed nice and act RESPECTFUL towards the judge. I don't know virginia law exactly but I don't think lawyers are allowed into small claims court. Since you know his address and information it should be easy to track him down and slap him with the court information.
I hope this helps!
Next, if he just bought the car on a Saturday he SHOULD be covered by his insurance company if he's listed on any policy including his parents. Most insurance companies give a grace period of after you buy a car to quote with them the insurance. It's worth checking into, and talking with his parents about it.
Also, you can go to your local clerk at the court and file a suit in small claims court against him. You can even bring the cops in as witnesess (most police departments charge a fee to use their officers in a civil suit). You won't need an attorney, but you will have to pay a filing fee and you should come to court dressed nice and act RESPECTFUL towards the judge. I don't know virginia law exactly but I don't think lawyers are allowed into small claims court. Since you know his address and information it should be easy to track him down and slap him with the court information.
I hope this helps!