Looking for some advice on what to do, the cops said it was the other persons fault. We both did not havbe insurance (I can't afford it due to being on a structured income due to work injury. I make enough to cover gas, electricity and my half of the rent) . If anyone has any advice one what to do or has any insight. I'd welcome it
Was just in a car accident
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tyson256031
Well-known member
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First off i hope your ok!
Next...
Unfortunately, not having insurance you cant claim an uninsured driver to your agency, the only thing i can recommend is getting a attorney to go after him for damages, detriment, and pain and suffering. Was there a good deal of damage done to the cars?
Next...
Unfortunately, not having insurance you cant claim an uninsured driver to your agency, the only thing i can recommend is getting a attorney to go after him for damages, detriment, and pain and suffering. Was there a good deal of damage done to the cars?
His car got the worst of it, I drive an 88 mustang it's all steel so I have two good size dents but his whole front end was crunched in a newer nissan. I am ok my girlfriend is ok, my backs a little sore. Worst part was I just got it back today after getting the heat fixed. My mechanic was still at his shop so he was able to tow it to his shop. He should be able to get it running again. The officer advised me on fighting to ticket to get the fine reduced due to my circumstances and also taking the other person to small claims or higher depending on damages. I'm going to look for a lawyer if I can find one that doesn't cost until it's all settled. Seeing as Im currently living off of about 600.00$ a month. I'm due for another knee surgery soon.
Krish
RF STAFF
Bummer man...:doubt:. Glad you didn't get hurt too bad. Hopefully the back pain isn't much. I was in an accident last January and it wasn't until 3 days after I went to the doctor that I found out I fractured a rib in my back. Thought it was just a pulled muscle. As for getting your damages covered, it's hard to say being from another country and not knowing how your system works. I do watch shows like Judge Judy that I've seen similar cases where a lawyer isn't needed which could save you some money. I guess all you would need is a police report stating you weren't at fault and it should be a clean cut case.
Good luck man and take it easy. Hope everything works out for you.
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Good luck man and take it easy. Hope everything works out for you.
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Herefishyfishy
Smart Bass
Without having basic auto insurance as required by law, you have very few rights of recovery. Good luck with everything else...
Sasquatch
Well-known member
just let it go, if he had no insurance how will you get blood from a stone, the lawyer will be the only one getting anything here, hope your ok and just count your lucky stars it wasn't worse
E
eww
Guest
+1 to both of these. We are glad to hear you are both ok though.
Krish
RF STAFF
I took it as though insurance wasnt required over there. That's how it is here. You actually get a fine if pulled over and you don't have insurance. Infact technically, you have to show proof of insurance here before you can get your car licensed and inspected. In a case like this, courts can't really help. It would be up to the other person if their conscience will push them to pay for any damages. Unfortunately not very many people are like that...
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DonW
R.I.P.
Just to set the record straight. This is 100% WRONG!
Your rights do not change in anyway.The truth is you may still need a lawyer to help you if the the other guy can prove partial fault on your part. Feel free to pm me my wife will be happy to talk with you for free. At least get you going in the right direction. Even if its taking the guy to small claims to pay your mechanic.
Don
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Herefishyfishy
Smart Bass
Don, the issue is being judgement proof. If the guy has no money, suing only costs one more.
Oh sure, you can always sue. But litigating and going to trial is very expensive. Even if one secured a judgment against this other driver, he will be essentially judgment-proof, having no assets and a probably low paying job. My bet is he will not be able to collect anything from that person. If you can get a lawyer to take this on with no retainer and on contingency, then perhaps. But that requires more "good luck"
Oh sure, you can always sue. But litigating and going to trial is very expensive. Even if one secured a judgment against this other driver, he will be essentially judgment-proof, having no assets and a probably low paying job. My bet is he will not be able to collect anything from that person. If you can get a lawyer to take this on with no retainer and on contingency, then perhaps. But that requires more "good luck"
DonW
R.I.P.
Nobody is judgement proof. Im not the one to give legal advice but subrogation laws make collecting much easier. Lawyer will have your license and paycheck quicker than you can blink. Its not like it used to be in years past. The issue here is finding of fault on both sides. Contingency without meds is very common. It usually just depends on case load. It really no biggy without meds.
Don
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jetmech
Active member
I just finished going through a mess like this. Someone who had no insurance rear ended my car. I find out the guy is out of work and "can't afford" insurance. When I took his butt to court the judge said he has NO RIGHT TO DRIVE A VEHICLE WITHOUT THE STATE MANDATED LIABILITY INSURANCE. Then went on to say that driving is NOT a right, but a privilege and with it comes rules in order to maintain that privilege. Since this 28 year old kid was unemployed, but yet had money to buy, fuel, maintain and modify a 96 BMW 328i, I sued him and won. He claimed poor, so I had a lien put on the only thing in his name, and then collected on his BMW. It drives nice since he had enough money to get it fixed a week after our meeting!
I am glad that you and yours are ok, but since you were driving illegally, you would be smart to cut your losses and move on.
I am glad that you and yours are ok, but since you were driving illegally, you would be smart to cut your losses and move on.
DonW definitely has it right. Granted, I live in Idaho, but the laws are basically the same.
The driving without liablity insurance citation and the claim of damages against the other driver are two completely separate issues.
While I don't have any legal experience, I can tell you that I would contest the citation and request leniency. The judge may not have any sympathy, but it's a toss-up and you don't have much to lose. Depending on the jurisdiction, you can request a bond forfeiture (essentially you still pay the citation) but they may not put it on your driving record, and therefore your insurance costs may not increase.
Best of luck with it all!
The driving without liablity insurance citation and the claim of damages against the other driver are two completely separate issues.
While I don't have any legal experience, I can tell you that I would contest the citation and request leniency. The judge may not have any sympathy, but it's a toss-up and you don't have much to lose. Depending on the jurisdiction, you can request a bond forfeiture (essentially you still pay the citation) but they may not put it on your driving record, and therefore your insurance costs may not increase.
Best of luck with it all!
jmcbride
Member
I got in to a bad real-estate deal where there was clearly things that were not disclosed in the deal. But the guy was upside down financially even with the sale of the house he had leans against it so he ended up walking away with hardly any money. He doesn't work so he can avoid child support. Same thing we could have gotten a lawyer and would have without a doubt won, but cant get blood outta a turnip. Sometimes the best settlement is learning from our mistakes. Good Luck with everything!
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