Results 1 to 23 of 23

Thread: legal advice

  1. #1
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2

    legal advice

    a 'former' friend hit me in his car at an intersection while driving uninsured. My insurance covered everything, but of course my insurance will go up because of him even though I am not at fault. What legal means can I do to get something from him to just to get even. People like this just piss me off and want me to go scarface all over them.

  2. #2
    Twist's Avatar
    Twist is offline "AR's Personal Trainer"
    Join Date
    Apr 2008
    Location
    california
    Posts
    4,136
    small claims court

  3. #3
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    That is what I was thinking but what exactly can I sue him for and what if he can't pay? Can I sue him for more than the damages on the car?

  4. #4
    Twist's Avatar
    Twist is offline "AR's Personal Trainer"
    Join Date
    Apr 2008
    Location
    california
    Posts
    4,136
    I have no idea. I can imagine you can sue him for the damages to the car, and the increase in insurance payments. If insurance paid for the car then I guess you could sue for the difference in insurance payments and for depreciating your cars resale value. I'm just guessing.

  5. #5
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    ok i will do that. thanks Twist.

  6. #6
    lovbyts's Avatar
    lovbyts is offline Knowledgeable Member
    Join Date
    Apr 2008
    Posts
    29,447
    Are you sure your insurance will go up for this one claim? Dont jump to conclusions to fast and obviously you have to wait until you know before you can sue him for anything. You have to have proof that it went up and it was due to his negligence.

  7. #7
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    Yes, my insurance will go up as the result of this, I am almost positive. But, if he was involved in the hit-n-run without having insurance, I could still sue him, on top of him going to jail without car insurance.

  8. #8
    lovbyts's Avatar
    lovbyts is offline Knowledgeable Member
    Join Date
    Apr 2008
    Posts
    29,447
    Now is it a hit n run or was it just an accident? Sounds more like you have a grudge on your ex friend and looking for some payback?

  9. #9
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    It was a hit n run or at least that is what is in the police report. Didn't have a problem until he started becoming a flake and not returning my calls or the insurance co calls. But yes I would love to do anything to get back at him.

  10. #10
    gixxerboy1's Avatar
    gixxerboy1 is offline ~VET~ Extraordinaire~
    Join Date
    Sep 2001
    Location
    Texas
    Posts
    32,803
    you cant sue him for damages to the car because the insurance paid for it. You could sue for the deductible. Your insurance company will go after him for the damages because they are out $$ and if they recover they will return your deductible. You car insurance sucks if it goes up from being hit.

  11. #11
    10nispro's Avatar
    10nispro is offline Productive Member
    Join Date
    May 2007
    Location
    Louisiana. Source checks
    Posts
    3,467
    you could try to sue for pain and suffering, loss of wages, medical bills or expenses, or such.... but I'm guessing if he wasnt caring car insurance you may be trying to get blood out of a turnip..

  12. #12
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    it was my bmw 7-series. love that car.

  13. #13
    Immortal Soldier's Avatar
    Immortal Soldier is offline Anabolic Member
    Join Date
    Dec 2008
    Location
    Immortality
    Posts
    3,824
    How does a "former friend" hit you at an intersection. Like seriously what are the chances? Seems like there is more to this story than is being told...

  14. #14
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    It did happen by chance. Saw him at the same club I was at earlier in the night and as I left he ran a stop light and t-boned my car at the intersection.

  15. #15
    brad1986's Avatar
    brad1986 is offline Senior Member
    Join Date
    Jul 2006
    Location
    killafornia
    Posts
    1,027
    Quote Originally Posted by ramacher View Post
    a 'former' friend hit me in his car at an intersection while driving uninsured. My insurance covered everything, but of course my insurance will go up because of him even though I am not at fault. What legal means can I do to get something from him to just to get even. People like this just piss me off and want me to go scarface all over them.
    I hope this issue isnt what ruined your freindship. I think getting back at your friends in spite is kinda b**ch made. Unless he did this straight up on purpose i would let it go..... or whoop his ass.... just dont go "cop callin" on people... nobody likes a person like that

  16. #16
    Immortal Soldier's Avatar
    Immortal Soldier is offline Anabolic Member
    Join Date
    Dec 2008
    Location
    Immortality
    Posts
    3,824
    Quote Originally Posted by ramacher View Post
    It did happen by chance. Saw him at the same club I was at earlier in the night and as I left he ran a stop light and t-boned my car at the intersection.
    Damn that seems like he intended to do it and maybe he was intoxicated at the time. Did you seem him at the club drinking?

  17. #17
    lovbyts's Avatar
    lovbyts is offline Knowledgeable Member
    Join Date
    Apr 2008
    Posts
    29,447
    Yeah I'm thinking there is a lot more to this story than we know, probably a long history and more than one side to the story.

  18. #18
    Times Roman's Avatar
    Times Roman is offline Anabolic Member
    Join Date
    May 2010
    Location
    Back from Afghanistan
    Posts
    27,383
    Quote Originally Posted by Twist View Post
    I have no idea. I can imagine you can sue him for the damages to the car, and the increase in insurance payments. If insurance paid for the car then I guess you could sue for the difference in insurance payments and for depreciating your cars resale value. I'm just guessing.
    how things work in small claims depends on which state you live. I have no idea about oregon. In cali, the max is $5k (or was last i checked). You can only claim actual monetary damages, so you better do some analysis. for example, ins prem b4 the accident = $500/year. after accident = $750/year. your insurance agent will have to supply how many years you can expect the elevated premiums, but just say it is 3 years. in this case, you could file for damages in the amount of $750.

    Depreciation is a function of time. If the body shop restores the vehicle to more or less pre accident condition, then you have no additional monetory claim stemming from vehicular damage.

    I have filed dozens of claims (my job function) and won 90% of them. So now you have a judgement. What next? the court is not a collection agency, and they will not collect your money for you. And in all probability, if your dip shit friend doesn't have insurance, probably means he doesn't have much cash, or a decent job either. Probably not a homeowner. So if you want to get a judgement for the principle of the matter, you are on the right track.

    To recover funds from your judgement, he will either need a steady job (garnishment, difficult process), or leinable assets (home, bank account, etc.)

    Sometimes, it is better to just let it go. your chances of a successful judgement are good, but chance of financial recovery is low.

    And this could suck up a lot of your time.

  19. #19
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    the long story is we played at rival high schools in football at opposite ends of town. before this happened, if we saw each other downtown at the night clubs we would say hello at each other thats it. I want and probably will be successful in suing for the deductable, and increase in insurance. I really want this kid to pay for his actions because is avoiding paying anything and that is not right. I could maybe go further in paying for an injury or something along those lines.

  20. #20
    Times Roman's Avatar
    Times Roman is offline Anabolic Member
    Join Date
    May 2010
    Location
    Back from Afghanistan
    Posts
    27,383
    no injury claims in small claims. Only monetary claims

  21. #21
    firmechicano831's Avatar
    firmechicano831 is offline Anabolic Member
    Join Date
    Aug 2005
    Location
    The Bay, California
    Posts
    4,136
    this story makes no sense at all. Something is missing! It's called the whole story.

  22. #22
    ramacher's Avatar
    ramacher is offline Member
    Join Date
    Mar 2010
    Location
    Oregon
    Posts
    915
    Blog Entries
    2
    Ok what do you think the entire story is?

  23. #23
    chemicalromance is offline Junior Member
    Join Date
    Feb 2010
    Location
    causing a situation
    Posts
    57
    Quote Originally Posted by firmechicano831 View Post
    this story makes no sense at all. Something is missing! It's called the whole story.
    Yea wtf. Isnt there a portion of your insurance premium that is for "uninsured motorist" situations like this one. Why in the hell would your insurance go up and he actually didnt say for sure whether it would go up or not. I think the deductible is up to the person who is insured. A person can opt for a high or low deductible and the corresponding low or high insurance premium payments that go along with each. If you had a no deductible plan what would you sue for? I dont see how you could sue for reimbursment of the deductible but its worth a try i guess. Not sayin he's full of it but if his insurance does go up that would make me wanna go goodfellas on someone too.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •