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4410 messages, Last post on Nov 29, 2009 at 5:58 AM
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Replying to: kyats (Nov 23, 2008 5:37 am) Minor fender benders when the adverse vehicle is vacant could be handled w/o the insurance company's involvement, but in this case, I'd turn it in. |
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Replying to: oldfarmer50 (Nov 23, 2008 7:22 am) 1: I rear-ended him 2: he has no insurance when the accident occured 3: and I don't think he cares about his license being revoke because he's counter-suing me for harssment and damages to his car... 4: WILL I WIN THE CASE in court....? ---so far i have 3 people telling me that i will win in court due to the fact that he's automatically at fault because he was an un-insured motorist...and its illegal in the state of california.....BUT there's a guy on a different forum telling me that I will lose because being insured or uninsured doesn't matter..,because I caused the accident...I rear-ended him....and 99% of rear-ended collusion..the guy that hits you will lose in court...in court being insured and uninsured isn't relevent...the fact of the matter that this accident happened .was because i was following too close pretty much tail-gating and thats how i hit him....seems like he's lawyer..but who knows...any how......so now i'm kinda frustrated.....does anyone know a good lawyer or is there anyone a laywer on this forum who could give me some advices...?....please anything will help...thanks a bunch |
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm) First, he can't counter sue you unless you sue him first so I assume he is just threatening to c/s you because you probably said you would sue him. In his situation I think this is an empty threat to scare you off, else he would sue first. If he does sue you, well, your insurer will have to pay. That's what insurance is for. Then I am certain your insurer would sic the authorities on him. I would relate all of this to him and give him one more chance to pay up. You have nothing to lose. Of course I could be wrong. |
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm) I'd also tell him you're not paying for his damages. If he wants to take it public and sue you, then that's his option and he'll have to go in front of a judge admitting he's not insured. A judge will throw the book at him for that, so I seriously doubt he will pursue this. And he'll be dealing with your ins co, not you. |
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Replying to: mikefm58 (Nov 24, 2008 4:53 am) I'm not a lawyer, but threatening to turn someone in, if they don't pay for an accident that wasn't their fault to begin with? That sounds like extortion.. |
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Replying to: mikefm58 (Nov 24, 2008 4:53 am) Just file a claim then to get your own car fixed under your comprehensive coverage and let your insurance company handle everything. They can figure out what they will or won't do for this guy. The court system is not about justice or fairness, get that out of your head. It's about maneuvers, in my opinion. For him to sue you is a very bad maneuver, and for you to personally go after him is a futile exercise IMO. Make a claim and forget about that deadbeat is my advice. Visiting Host
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| Irregardless of whether he was insured or not, you caused the accident. Not really a big deal, it wasn't a major one and accidents do happen. That is why you have insurance. Rather than try and get out of something that you should technically be responsible for, I would just let your insurance handle it. You hit him, caused a little damage and so now your insurance (what you pay them for) should take care of it.... | |
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Replying to: Mr_Shiftright (Nov 24, 2008 8:35 am) Good advice. I agree. |
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Replying to: mikefm58 (Nov 24, 2008 4:53 am)
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Replying to: jimmydc2 (Nov 24, 2008 11:11 am) |
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