need legal advice *accident no insurance*
05-13-2009, 09:19 AM
#41
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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.
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!
Although, there is another way. I remember I talked to my insurance company once before. I was driving my vehicle home from purchasing it and was rear ended. I was able to call my insurance company and they back dated my insurance for me. Because the accident was not my fault and they were not liable they hooked me up and saved me alot of headaches. Maybe your insurance company will do the same for you. That is worth a try too.
05-13-2009, 10:24 AM
#42
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Re: need legal advice *accident no insurance*
And yes most insurance companies will back-date so if the kid who wrecked just recently bought the car his or his parents insurance might cover it..doubt it though cause it sounds like they fail and were lying.
05-14-2009, 12:35 AM
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Re: need legal advice *accident no insurance*
thanx guys for all the info. ive stopped by there a few times cause a car was out there but no one was home. i went to the clerks office and its 50$ to file a suit and get him to go to court. the officers said they had no problem with showing up in court as witnesses. and they also said what someone stated earlier about the "how many drivers in the household." im going to to file that suit friday. hopefully i can get a chance to talk to the parents before then. if not then oh well just hope for the best.
*null* my car was parked on the street. tops 12 hrs. its normally parked in the driveway.
question tho.
if my car is registerd and ive paid (prior to the accident) the uninsured motorist fee, would it be okay for my car to be parked on the street?
thanx again fairlady null and fabrik8 for all the input. hopefully i get somethin if not then i hope i fuck him up for life with bankruptcy haha.
*null* my car was parked on the street. tops 12 hrs. its normally parked in the driveway.
question tho.
if my car is registerd and ive paid (prior to the accident) the uninsured motorist fee, would it be okay for my car to be parked on the street?
thanx again fairlady null and fabrik8 for all the input. hopefully i get somethin if not then i hope i fuck him up for life with bankruptcy haha.
05-14-2009, 06:38 AM
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Re: need legal advice *accident no insurance*
If you paid the uninsured motorist fee then your car was parked legally and didn't require insurance. Hopefully you can get your car fixed and paid for by the moron. Courts have a lot of powers and can garnish his wages if necessary once he gets any kind of income. Good luck! Let us know what happens!
05-14-2009, 09:13 AM
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Re: need legal advice *accident no insurance*
thanx guys for all the info. ive stopped by there a few times cause a car was out there but no one was home. i went to the clerks office and its 50$ to file a suit and get him to go to court. the officers said they had no problem with showing up in court as witnesses. and they also said what someone stated earlier about the "how many drivers in the household." im going to to file that suit friday. hopefully i can get a chance to talk to the parents before then. if not then oh well just hope for the best.
*null* my car was parked on the street. tops 12 hrs. its normally parked in the driveway.
question tho.
if my car is registerd and ive paid (prior to the accident) the uninsured motorist fee, would it be okay for my car to be parked on the street?
thanx again fairlady null and fabrik8 for all the input. hopefully i get somethin if not then i hope i fuck him up for life with bankruptcy haha.
*null* my car was parked on the street. tops 12 hrs. its normally parked in the driveway.
question tho.
if my car is registerd and ive paid (prior to the accident) the uninsured motorist fee, would it be okay for my car to be parked on the street?
thanx again fairlady null and fabrik8 for all the input. hopefully i get somethin if not then i hope i fuck him up for life with bankruptcy haha.
You will have to get on the parents good side. They will have to really do the talking with the officers.
Here is what I would do:
Take pictures of the damage to the vehicle. Take the pictures to them, be to the point but polite. You will attract more ants with sugar than salt.
Just tell them; Hi. My name is _______, I live just down the street. I own the car that your son ran into the other day. I am just trying to figure out what is the best coarse of action to take. I have been working on this car as a project for a little while to get it back on the road. I am not really needing it right now to drive but I would like it fixed. The officers told me that your sons car was uninsured. Which can be a very big problem. I have not reported it to my insurance company yet because I know that can really mess things up for you guys.
I knew a friend that was caught driving without insurance and had an accident. The DMV made him get an SR-22 and it doubled his insurance. So, I didn't want to make things any more difficult for you guys if I didn't have to.
I wasn't sure if maybe since he just purchased the car and is probably a driver on your insurance policy if that would cover it and we could just call it done or if even could work out some sort of payment to a shop to have the repairs done. I am willing to work with you guys on it. Just let me know. I have only a few days before I have to file a claim so I would appreciate it, if you could let me know something quickly. Here is my name, cell, and my address. Thank you for your time and I hope to hear from you soon.
I would suggest that you get their names and number and see if you can get their insurance company as well. It may be useful in court.
Also.. if they agree to anything!!!! and I mean anything... get it in writing with a signature. That will do wonders in court. At that point you are not just getting the son but if his parents sign into anything. They are not accepting responsibility and they will be alot easier to get money from. Good Luck with everything.
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