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phecksel
11-30-2006, 06:55 PM
This is hilarious

After the woman re-ended us last spring, and she wasn't insured (violation of state law), I had to sue her in small claims to collect my deductible.

On a side note, why does this crap happen to me, whine whine whine

Anyway, she doesn't show, gets hit with the full deductible, plus court costs as default judgement.

So what do I receive in the mail today, but her appeal....

She didn't appear, because, and this is a direct quote "I was sick mentaly [sic]"

And her explanation for the accident "he dead stopped in the middle of*** Rd." Hell yes I stopped, for the crossing EMS unit, with lights and siren!!!!!

At least we'll appear before the judge instead of an arbitrator, and hopefully make it easier to collect...

sanjuan23
11-30-2006, 06:59 PM
Be Lucky that all your trying to collect is your deductable. Last year we get nailed by an 18 year old kid no license no insurance. Parents rent their home there was no rental insurance no coverage nothing. Fast Forward 18 months and the friggin health insurance company is coming after us because our Car Insurance made a settlement payment to us. Freakin Subrogation! Just exactly what in the hell do I pay $100.00 per month for health insurance for. Obviously not for me to keep my settlement money for possible future health (back) issues.

Archimedes
11-30-2006, 07:06 PM
18 months ago I was rearended at a stop light by a drunk kid in an old Jeep Cherokee doing about 50mph. Never touched his brakes and I never saw him coming. Then he managed to extricate his car from the mess and take off, nearly running me down in the process. Got arrested and went to jail.

Totally destroyed my brand new Audi, only had minimum insurance and no money, went to jail and I got left with a neck problem for life. No benefit to suing him. The world's full of douchebags.

Monte
11-30-2006, 07:07 PM
Phecksel, man.. you have some luck.. FYI you may want to check into uninsured/ underinsured clauses available with your ins carrier/ state. It won't help you with this accident, but will in the future if the same situation were ever to arise again.. The ins co will pay out of um/uim, and subrogate (go after the other party). It'd save you valuable time by not having to bleed a turnip.. Plus (at least here in NC) it is about $10 (depending on lots of variables) for 100/300/50um/uim added to your policy.

phecksel
12-01-2006, 11:32 AM
Phecksel, man.. you have some luck.. FYI you may want to check into uninsured/ underinsured clauses available with your ins carrier/ state. It won't help you with this accident, but will in the future if the same situation were ever to arise again.. The ins co will pay out of um/uim, and subrogate (go after the other party). It'd save you valuable time by not having to bleed a turnip.. Plus (at least here in NC) it is about $10 (depending on lots of variables) for 100/300/50um/uim added to your policy.
Great advice!

Michigan is a no-fault state, I do carry uninsured and underinsured motorist coverage, which takes care of everything, except the deductible :(

I got hammered at another forum for driving a SUV, but it sure protected the family when the old escort hit us at something less then 45mph.

Monte
12-01-2006, 11:54 AM
Great advice!

Michigan is a no-fault state, I do carry uninsured and underinsured motorist coverage, which takes care of everything, except the deductible :(

I got hammered at another forum for driving a SUV, but it sure protected the family when the old escort hit us at something less then 45mph.

Hmmm I don't know the laws up there, but down here there is no ded for UM/UIM kinda sounds like the ins co paid out of collision instead of um/uim. Just doesn't seem quite right that you are having to do so much legwork. You may want to call your adjuster or agent and ask how the claim was paid.. The way things get coded can make a difference in claims.. They may have coded it collision for faster payment to you during their investigation and never got around to changing it to UM/UIM.

robisjo
12-01-2006, 01:02 PM
This is hilarious

After the woman re-ended us last spring, and she wasn't insured (violation of state law), I had to sue her in small claims to collect my deductible.

On a side note, why does this crap happen to me, whine whine whine

Anyway, she doesn't show, gets hit with the full deductible, plus court costs as default judgement.

So what do I receive in the mail today, but her appeal....

She didn't appear, because, and this is a direct quote "I was sick mentaly [sic]"

And her explanation for the accident "he dead stopped in the middle of*** Rd." Hell yes I stopped, for the crossing EMS unit, with lights and siren!!!!!

At least we'll appear before the judge instead of an arbitrator, and hopefully make it easier to collect...

I was rear-end recently in CA. The woman gave CHP an expired insurance card that turned out to be just that expired, no insurance. Bascially, it got her out of a ticket. I do have uninsured motorist which covered by deductible but not my out of pocket for the rental car. I am going to file a small claims against her for that. Also in CA, I can file a form which indicates that she was at fault with no insurance and her driver's license will be suspended. The whole thing sucks regardless as I am not compensated for my time that I have to spend dealing with this scrap

Ric
12-01-2006, 03:19 PM
Great advice!

Michigan is a no-fault state, I do carry uninsured and underinsured motorist coverage, which takes care of everything, except the deductible :(

I got hammered at another forum for driving a SUV, but it sure protected the family when the old escort hit us at something less then 45mph. on what forum did you get hammered for driving an suv?

SkiDog
12-01-2006, 03:29 PM
Great advice!

Michigan is a no-fault state, I do carry uninsured and underinsured motorist coverage, which takes care of everything, except the deductible :(

I got hammered at another forum for driving a SUV, but it sure protected the family when the old escort hit us at something less then 45mph.

It just goes to show ya, STAY OFF ALL OTHER FORUMS EXCEPT OURS!!!!!!!!!!!!!!!!!!!!!!!!!!!! We ain't gonna bad mouth you, in fact, just the opposite. Hell, buy yourself a Hummer!:D

Sodar
12-01-2006, 03:33 PM
It just goes to show ya, STAY OFF ALL OTHER FORUMS EXCEPT OURS!!!!!!!!!!!!!!!!!!!!!!!!!!!! We ain't gonna bad mouth you, in fact, just the opposite. Hell, buy yourself a Hummer!:D

Hummer, Excursion, F-350, 3500, Suburban, Tahoe, X-80's... OPEC Loves US!!!

http://www.hotboat.com/image_center/data/520/860rs005.jpg

Ric
12-01-2006, 03:37 PM
Hecks, you are a lightning rod from what I read in your posts... I think I need you and the wife hanging around me at all times to make me look like the nice pc/quiet one.

phecksel
12-01-2006, 05:10 PM
Friend of mine says I must love the drama :) I ain't taken losing $500 lying down!!!!

WRT the council stuff, it had to be done, because nobody else had the cajones to stand up and do it like she did. City drama for the most part has settled down into quiet, "how do we fix this F* mess?". Several city employees have been fired, who should have never been hired. City manager is deperately trying to retire, but nobody was taking his request serious.

It's rumored the ski club president is not going to run again... Warned them over three years ago, that unless some drastic changes were made, the club was heading towards failure. Membership is less then 1/2 what it was, participation, is down to a fraction. Web site {my responsibility} hasn't been updated in over a year. Our annual charity fund raising is not happening this year.

Another club my wife were officers in, totally imploded after we resigned. Too bad, because it was a fun club.

Sometimes things go good :) My generator started on the third pull, and is powering everything I have extension cords for, LOL.

Jesus_Freak
12-02-2006, 02:21 AM
18 months ago I was rearended at a stop light by a drunk kid in an old Jeep Cherokee doing about 50mph. Never touched his brakes and I never saw him coming. Then he managed to extricate his car from the mess and take off, nearly running me down in the process. Got arrested and went to jail.

Totally destroyed my brand new Audi, only had minimum insurance and no money, went to jail and I got left with a neck problem for life.

Dude...tough deal. How bad is your neck?

phecksel
12-14-2006, 11:52 AM
Update, we returned to court yesterday, Defendant had filed motion to set aside default judgment. After identifying myself, didn't have to say a single word. judge kept handing this woman more and more rope. Judge said there were two tests that had to be met to set aside the default judgment, first, if the person had a reasonable excuse for being there, and she wasn't sure that forgetting because she has memory problems qualifies. Secondly, they had to be likely to win the case. She pointed out to the woman that she admitted to the police officer she hit us, paid the traffic ticket without question, pretty much already admitted her guilt. Now comes the fun part, why did she hit us? Because she lost focus, which she has a tendency to do. Her excuse, we were stopped in the middle of the road... Heck yes we were stopped, it was either that or run the risk of hitting the BIG RED EMS with pretty flashing lights, and a really loud speaker system. That was about the only time I came close to opening my mouth. Anyway, judge ruled the default judgment stands. I then asked the judge how to go about collecting. Judge started asking her a bunch of questions, which basically proved to me that she was uncollectable, UNTIL, the judge offered the secretary of state would pull her drivers license AND vehicle registration until she paid. That got the womans attention! She asked us out in the hallway if she could do payments! Court even has a form for that too, LOL. Irony, not sure if it was the stress from that, stress from work, or sitting on bad chairs for several hours at the kids concerts, but my back is killing me :(

Archimedes
12-14-2006, 11:56 AM
Good to hear. You should come up with some creative way of her working off the debt. Like maybe mowing your lawn for a year in a clown suit? Or maybe have her let you paint "I'm a total idiot, watch out for me on the road!" on all four sides of her car.

Archimedes
12-14-2006, 11:57 AM
Dude...tough deal. How bad is your neck?

Hurts right now just thinking about it.

Leroy
12-14-2006, 12:52 PM
Way to go Phecksel! I bet this lady is saying what kind of person goes to all this trouble to collect from me! Glad you did it!

atlfootr
12-14-2006, 06:12 PM
She wasn't sure that "forgetting to appear" because she has memory problems qualifies. :(
That's a great xcuse :jumping::jumping:
One, I'll have to remember.

NORTHERN LIGHTS
12-14-2006, 06:35 PM
Hummer, Excursion, F-350, 3500, Suburban, Tahoe, X-80's... OPEC Loves US!!!

http://www.hotboat.com/image_center/data/520/860rs005.jpg
Love the shirt...... f250 turbo diesel-navigator with v8-corvette(although, good on gas if u stay off off the pedal) jeep wrangler lifted oversize tires etc. mastercraft with a lq9......

NORTHERN LIGHTS
12-14-2006, 06:38 PM
Good to hear. You should come up with some creative way of her working off the debt. Like maybe mowing your lawn for a year in a clown suit? Or maybe have her let you paint "I'm a total idiot, watch out for me on the road!" on all four sides of her car.
good one......

sassydog
12-14-2006, 09:31 PM
i hear ya man, i have a lawsuit pending right now. I rear-ended a woman 3 years ago, and she waited until the day before the legal limit to file papers!!! 1,094 days later she sues me for a load of bogus charges which she later contradicts in her own statement. Some people!!!

phecksel
12-15-2006, 12:07 PM
i hear ya man, i have a lawsuit pending right now. I rear-ended a woman 3 years ago, and she waited until the day before the legal limit to file papers!!! 1,094 days later she sues me for a load of bogus charges which she later contradicts in her own statement. Some people!!!
One friend of mine sued another right b4 time limit, claiming an old dog bite ruined his life. He was bit by the dog, and there was an itty bitty little scar, but ruining his life? The dog has a problem around too much excitement, and apparently that's what happened that day. The bitee was chasing some neighbor's kids at a party, they were squealing and running, and the dog wanted to play too. Two years later the same dog bit one of the kids, during a similar situation. Didn't even break the skin, but scared the kid. I took the dog owner aside and strongly recommended he immediately put the dog in the house, down in the basement before he had another lawsuit to deal with.