Good to hear that court went well! I figured that they would get the KBB value and try to use that against you. I think your pictures to the judge, and telling him that you show the car will definately help you get the amount you deserve.
yeah, i hope the car show picturs help out the cause. afterall, you usually dont show a car in bad shape at a car show, so im hoping the judge see's that as a representation of the condition. i was doing some estimates on what the judge might do, and almosty every way i look at it, hopefully i'll be getting a decent settlment. after i have a check (casheirs check) deposited, cleared, and in my savings, i'll be looking fro another one. as for my white GT, it may be in storage for the next few years as i begin to buy parts for it and dismantle it. my brother and my are going to rebuold it at any cost basically.
but the money i recive for the accident will go toward a new fiero, even if i have to drive to california to get it! (that sounds fun!)
Joel
dang, 5 pages
[This message has been edited by justa6 (edited 02-13-2005).]
well, i got a call from home today when i was at work. one thing the government DOES do fast is get out a judgment! the judgment is for less than i was asking, but quite a bit more than what the defendant was claiming my car to be valued at. so im fairly happy with it. all my homeowrk paid off. the judge valued the car at a resonable amount. lets just say that it was more than book value in the NADA. i guess all my prep work paid off! so, when i do recieve my settlment, i'll be looking again. heck, ive already started looking to a degree. (but not seriously yet, i dont have the money yet!)
on the settlment side, the judge found the defendant 100% liable. the accident was COMPLETLY their fault. i was not held responsible at all. i was concerned about this becasue a friends sister get into a similar accident and she was hit with being 15% liable since she was their. im guessing that my judge found him 100% liable because of the fact he pulled around the other car and was basically showing off.
it also states that i should recieve my money no later than march 7th and if i dont have it, i can start by revoking their drivers liscense. after that happens it goes from small claims to district court. basically, it keeps going up in the court system. it can also effect your credit.
after that, i can collect assests. example, if they have a car, i can take it...
i feel pretty good about it right now, and i actually think that they are going to pay. i think the reason we went to court was becasue of what i valued the car at vs what he valued the car at. being that both the driver and owner showed up, and from other things i have heard about the defendant, he wants to do the right thing. lets hope he does, and lets hope i have a new fiero soon!
Joel
a little over 5 months since all this stareted!!!!!!
[This message has been edited by justa6 (edited 02-13-2005).]
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03:41 AM
MiZer Member
Posts: 1673 From: Chilliwack, B.C. Canada Registered: Jun 2003
It's been quite a journey, and though not over yet the end is clearly in sight now. I'm glad to see that you stuck with it and didn't give up, that kind of patience and tenacity is a real virtue in a person.
It's been quite a journey, and though not over yet the end is clearly in sight now. I'm glad to see that you stuck with it and didn't give up, that kind of patience and tenacity is a real virtue in a person.
JazzMan
yes, it has been quite a journey. its amazing what you learn about youtrself through somting like this. the end is near for getting justice, but it is just begining with another car. the final curtain has not fallen on my white gt, but it will be suspended for a while.
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02:10 PM
fierohoho Member
Posts: 3494 From: Corner of No and Where Registered: Apr 2001
You have so much more self control than me. I would have killed him. I dont mean that as a euphamism, I would have strangled the life out of his body....twice. I broke my hand after my fiero got broken into for the second time. First time was $700 worth of damage. People are stupid.
Well, i didnt want to have to update this, but i figured i would keep all the info in the same place on the accident, court, ect. i won the judgment, that wasnt a problem. but last monday was the deadline for the defendants to pay. well, monday came and went, and now it is a week after, and still no money. we have been looking at our options and i am not completly clear on them (i dont have the info all in front of me right now) but it sounds like i have a couple options. i can either turn it over to the county sherrif, and he/she will eventually garnish their bank accounts or what other means they have to pay it. the other is to get all the information myself (about their debtors and whatnot) and go after it myself. both have problems. right now we are leaning toward the sherrif going after the assets to get the money, but with that, it will still be AT LEAST 3 weeks basically before it gets filed. (i dont have the info here so thats all the details i have about where it goes) basically, it will be a while before i see money. the other option may get me money faster (possibly) but is alot more leg work on this end. i have not talked to the county myself to find out all the options (i live 220 miles from home right now) but my mom has. and since the car was in my dads name, he is also on the lawsuit. so they are planning on going in early this week to figure out all the options. HOPEFULLY we can get this stuff figured out soon.
Im starting to get REALLY frustrated about all this!!!!! the weather is going to start getting nice soon, and being without a summer car sucks. alright, im done venting......maybe. but no money from it is starting to get really old as it has been 6 MONTHS no since the accident, and i am still without the fiero. and with the recent problems my othe car gives me int he summer, i'll need something different soon.
hopefully reciving money soon, or at least getting the next steps going VERY soon Joel
18"x24"
[This message has been edited by justa6 (edited 03-14-2005).]
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03:00 AM
PFF
System Bot
MiZer Member
Posts: 1673 From: Chilliwack, B.C. Canada Registered: Jun 2003
no money makes me mad!!!!!!! i think i am getting to the end of my patients. they have till april 8th to pay, and then i belive we can have their liscenses taken away and we become a collection agencey. i dont have all the paper work in front of me, but i do know that there are alot of exceptions with what i can and cannot take, problems with the value of the home if it is in either of their names, ect ect. i belive i can have their bank accounts and wages garnished, and i know that i can look at their assets for the next 10 years
on top of that, we can now charge them all the extra money that we have put into this (filing more paperwork cost money) along with interest. so if they take forever to pay, we can just take more. now, the kid was 19, so more than likely in the next 10 years, he is going to want to get out on his own, buy a car, or get a loan for something. so the next 10 years may get very difficult for him. and the old man, if he has any money, i am willing to have it taken out of his bank account. people need to learn that YOU CANNOT DRIVE WITHOUT INSURANCE AND THINK YOU CAN GET AWAY WITH IT!
anyways, hopefully it comes soon. and if i do end up having to reposses something, i hope it goes all smooth.
just had to rant, im tired, and cant sleep.
Joel
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04:18 AM
carolinajoe Member
Posts: 822 From: Spring Hill,Fl. Registered: Feb 2005
I went through something similar, well heck the collectiion part. The guy started paying then stopped, this is after the judgement. Well I think heck I'll sieze his assets by the Sherriffs and have them auction it off. Well it costs $1800 deposit on my part to get this ball rolling. What a waste as the judgement isn't even that much, So what it boils down too is $1000 judgement, $250 paid. He has to have enough to recover the $1800 and then another $750 to get total recovery. He does have a custom 70 Cuda and alot of tools. But I just bad mouth his business "American Car Craft" I go to alot of car shows and always warn people about him and not to take there cars to him, so I probably hurt him some> I also volunteer at the local High School Auto Shop and let the kids know about him. I hope your state isn't like Florida and you can recover the Judgement. Good Luck
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07:24 AM
Fierochic88 Member
Posts: 4963 From: Staunton, VA Registered: May 2001
You Drive with no- insurance in NY and your likely to end up in jail. ....../ Of course the down side is how much we pay for insurance (and fuel) but that's another story)
I went through something similar, well heck the collectiion part. The guy started paying then stopped, this is after the judgement. Well I think heck I'll sieze his assets by the Sherriffs and have them auction it off. Well it costs $1800 deposit on my part to get this ball rolling. What a waste as the judgement isn't even that much, So what it boils down too is $1000 judgement, $250 paid. He has to have enough to recover the $1800 and then another $750 to get total recovery. He does have a custom 70 Cuda and alot of tools. But I just bad mouth his business "American Car Craft" I go to alot of car shows and always warn people about him and not to take there cars to him, so I probably hurt him some> I also volunteer at the local High School Auto Shop and let the kids know about him. I hope your state isn't like Florida and you can recover the Judgement. Good Luck
i would have taken the cuda and never looked back. if he has a custom cuda, then he should have been able to pay you. then i still would have badmouthed his business on top of that.
wheni had a clutch done years ago by a local performance shop here, they screwed my over on my tranny. they put the car all back together and when i picked it up, i was litterally walking out the door and they said that i needed a new tranny. i asked them why, and they said there was a huge hole in it. now, wouldnt it have made sense to tell me this when the trany was out of the car? so, i made some of their logos, printed them off with a crossbar going through it, and display them on the car at car shows on the decklid. ive gotten a few questions about them before, and i am more than willing to explain the problems. weather it made a difference in their business, who knows, but it makes me feel better.
no money yet, and the second deadline has come. we are filing paperwork to get the liscences pulled, and to get a list of assests. what a pain in the butt. there is no snow anymore, and its time for the summer toys to come out!
hopefully i'll have something by July at this rate. I better, as that is when the Car Craft Nationals are in St. Paul. and i havent missed it for almost the entire length of time i had my car. and goign without a car is just going to be a dissapointment. even if i did "ride" in in a lemans
Like I originally said, winning wasn't the issue, getting your money will be. As far as assets go, they can have their property put into relatives names, or sell it real cheap, and close their bank accounts and savings if they have any. Definitely revoke their driver licenses if possible, and then alert the local police of the type of car and license number. Do not accept any partial payments, and make sure you document ANY contact you have with these folks. I think you may be in this for the long haul. You’ve done a great job, I would imagine at this point they are going to figure you’re not going to back down. But they have rights too, so they may be able to keep dodging you, also, since they already missed their judgment deadline, I’d call the three credit reporting companies, to let them know they have defaulted on a civil judgment. I’m not sure they get into lawsuits, but it’s a shot to see if you can get them reported. You may want to become a paralegal by the time you’re finished with this. Good Luck.
well, i thought i would update this. i still havent recived any money from the accident. about 2 weeks ago we put in the paperwork to have their drivers lisences revoked. im not sure if we will recieve anything saying that it is done or not, but im guessing that we will. the lady that we submitted the forms to said that alot of times that will get them to pay. when you think about it, the kid is 19 that was driving, and i can look at his (and the owner of the cars) assets for the next 10 years. more than likely that kid will want to buy something expensive in the next 10 years. and if he doesnt have a DL then turning 21 wont be too much fun.
Joel
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11:32 AM
May 6th, 2005
FriendGregory Member
Posts: 4833 From: Palo Alto, CA, USA Registered: Jan 2004
Yuck, I hope this never happens to me. I feel so bad for you, I do not remember but, did you have a second card/truck? And I thought loosing a car in an accident was bad but, so far everyone has had insurance. I generally do not "full" coverage cars worth less than about $5000.- The additional cost of insurance makes the car alot more expensive to keep. If you have insurance then how about uninsured motorest coverage?
http://www.autoinsuranceindepth.com/uninsured-and-medical.html Uninsured Motorist Coverage Uninsured and underinsured motorist coverage protections are a very important part of your policy. One of the best pieces of auto insurance advice we can give is this:
!!! Make sure you carry these two coverages !!!
How important are they? Around 14% of all drivers have no auto insurance coverage. If you're injured in an accident caused by one of these drivers, you won't be reimbursed without this coverage.
And unlike medical coverage, uninsured and underinsured motorist coverage will compensate you for not only the out-of-pocket expense of your injuries, but for your pain and suffering as well. That's why these two types of insurance are so important. How much uninsured and underinsured motorist coverage do you need? Consider carrying the same limits as your liability coverage. After all, it makes sense to protect yourself and your family as much as you protect other drivers on the road.
Sidebar Protecting yourself also means protecting your assets. Often uninsured/underinsured coverage will also reimburse you for property damage you may incur in an accident. Find out how much this extra protection would cost. Get free quotes from Netquote and ComparisonMarket.
yes, i did/do have another car to drive other than the fiero thank god. the fiero was my "play car" and the oldsmobile was my daily driver. actually, i just replaced the olds, but am still waiting for the money from the lawsuit on the fiero to get another fiero. trust me, i will have another. the olds had only liability on it as well. my new vehicle (new to me) has full coverage now, and it isnt that bad. considering that i am 24 (25 in a week) and i have full coverage with a $500 deductable and pay about $80 a month isnt bad at all. i was paying $60 for just liability before (on the olds, and like 40 on the fiero with it being a second car)
I did have uninsured motorist coverage. it is a law i belive in MN that you have to have it. thank god though that my friend and i were not injured in the accident. otherwise that would have been put into effect. there is no way that i would have run without that coverage, and it is very important.
my next fiero will have full coverage, even if it isnt worth over $5000 because if i would have had full coverage on the car, i would have ended up making the claim with my insurance, and the insurance company would have gone after the other party for the money, and i would not have to go though all this mess.
is it really only 14% that dont? i always heard that it was higher. hmm. it is sad that so many people run without insurance. think if i would have been driving something like a porsche 911 turbo. that person would end up losing everything at the end of the 10 years. its just stupid NOT to have even the minimum insurance. if you cant afford it, dont drive.
Joel
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01:25 AM
May 10th, 2005
RandomTask Member
Posts: 4539 From: Alexandria, VA Registered: Apr 2005
I just read all 5 pages of this story and am jaw dropped by your situation. I'm sure you can get some people together on PFF and collect his debt 'mafia' style. As far as his license is concerned, its revoked in the DMV system yet he will still carry the ID with him. If he ever gets pulled over or his ID run for anything it will show as revoked. He will be arrested on the spot. I do believe there is a difference between revoked license's and suspended license's. While on both you can't drive, a suspended license means you generally have to meet requirements (such as a set period of time or fines) However, a revoked license is where the DMV has removed your licensing priveledges indefinetely.
In VA this kid would be paying out his @$$hole to ever get his license back. I knew (in no way was friends with) someone who tried to do something similiar. To get their license back they had to A. Pay off the creditor, B. Pay the Court Costs, C. Pay the DMV a $500 fine for driving without insurance, D. Attend a drivers improvement clinic $90, E. File an SR-22 so for the next three years their insurance could rape them every time their premium was due. Perhaps he doesn't realize what not having his license means? Most employers now do a driving record check regardless of whether you're goign to be driving for them or not. Hell, at my internship as an engineer, doing CAD drawings, they checked my driving history. This kid has obviously learned nothing and is on a downward spiral. I'm sorry its your burden to have to get this done. Best of luck and keep us posted!
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12:53 PM
May 24th, 2005
m0sh_man Member
Posts: 8460 From: south charleston WV 25309 Registered: Feb 2002
no real updates on the situation yet. its been a few weeks since allthe paperwork got turned in, so i am guessing that the licenses are suspended right now. i am ready to take it to the next level and get a list of their assets and see what i can take.
oh yeah, here is a pic of the front end with the hood off and starting to be pulled apart.
that really doesnt look that bad. I bought a fiero from someone who had t boned a van for parts. the front end was in worse condition than yours. it was too good to parts out, so i took all winter and slowly fixed it in my garage. It takes time and patience, but i think i spent more on registration and other crap like that then i did on parts. there are many "homemade" ways to fix body damage that will work out well. although, one thing i do want to know is when you drove the car (on to the trailer and such) did the car track strait? if it did, that is very good for you (as the frame in the center is strait(ish). But if you do have the money, getting it professionally pulled works the best. Since you aren't getting your settlement, I would just do it my self if i were you.
guesse i missed this thread.. i found it by clicking on your sig because i liked your rims...
anyways, i read all 5 pages, i dont understand how these people think they are going to get away from this... i say take everything they own... idiots.
Wow... I would be at the end of my rope by now. Props to you for staying strong. I would file an emotional grief suit against the other guys AFTER you get your money. Based on your photos at car shows and such, a decent lawyer should be able to get you a decent settlement. If nothing else you'll really stick it to the guy for dodging you for so long. Even if its only enough to pay for the lawyer fees, its another $1000 that guy won't have.
So, i was over visiting a friend thursday night killing some time. actually, the same friend who was with me when the accident happened. im sitting there and my cell hpone rings. i look at it, and it is my parents calling. usually when visiting somone else, i wontbother answering the phone, but i decided to.
it was my mom calling. she begins to tell me about this message on the voice mail from a Ann Delany, husband of the Robert Delany that co-signed on the loan of the 19 year old that hit me. my mom tells me that the message was to have us call them back so we can figure out when they can pay us! it turns out they recived a notice that Robert was going to be having his liscense suspended since they had not paid me yet. he would be losing it on friday (yesterday) if they did not pay us by then, and get the slip signed saying that they paid us. well, he drives for a living (i think truck) so this hit him hard. you cant exactly work and drive without a liscense! so we set up a time on friday to get a check from her (his wife). they wanted us to sign the sheet then also saying that we had recived payment, but since they did not want to take the time to get a cashiers check, we did not agree with that UNTIL the check clears. i wasnt too happy about that, but, since we will wait til lit clears, its not that big of a deal.
we went down to her work and got the check on friday and found out a little more about the situation. turns out that the kid who hit me is 19, just graduated highschool. his mother is a drunk, his father is a drug addict, and he is living with an aunt right now. it is his grandparents that co-signed on the loan for him, and they "claim" that they did now know they were legally responsible to pay. wich is hard to belive, but whatever.
well, something that we had suspected was probably happening. since the grandparents do not live with the kid, and we only had the kids address, it is likely that they didnt see any of the paperwork and the judgment. she says that if he even would have sent them a copy of the judgment, they would have paid right away.
they bank at the same place my mom banks, so we took it there and were goign to deposite it into her account first, and make sure they had the funds. well, when we went in on friday, the bank said that they had funds "pending" or something. the bank lady was really nice about it, and said not to deposit it yet, becasue if we did, and it bounces, we get hit with the charges. it sounds like they either took out a loan, transfered funds, cashed in some 401K or something, but the funds should be availibe within 3-5 business days after they were transfered. so, at the latest it will be wensday. if the check does not clear, we wont sign the release, and the liscenses will be suspended. as long as it clears, we'll sign.
also, the bank told us that when it does clear, they will give it to us in CASH. that way they cannot go back in and move the funds if they decide to cancel the check. with that, i will take the cash and deposit it into my own bank.
im not too thrilled that i have a check and not cash or a cashiers check, but everything is just about over. i honestly am suprised about the call, and thought for sure that i would be going after it for a long time to come. hopefully the rest will go smooth, but i think it will (after talking with the bank about it). so, its jsut about over! time to start looking again!
------------------ The unfortunate history of my GT
"Because you're so chocked full of preservatives, they're just preserving you now" - why you shoud eat healthy
Glad to hear that your long journey is almost over. If it were me, I would have told Robert and Ann to just bring cash over to me instead of a check, so your patience is quite impressive.
Good to hear you got your $$ even tho it was a pita to get. It is too, a shame that the grandparents probably had to come up with the cash. Hopefully they will make the 19 yr old get a job and fully repay them-including interest. That young man has a lot to learn about responsibility and growing up.
A lesson to the young people here at pff about co-signers. It puts your relatives on the hot seat if anything goes wrong. Honor them by doing all you can to drive safely and protect the investment they make in you.
the journey is over! i have in my possession, RIGHT NOW, the cash from the settlment! $$$$ i'll be going to the bank tommorow and depositing it. i am glad that it is over. i would still rather have my car not wrecked and have no cash, but thats life. it has been some ride, and i nevr wish this upon anyone. it is no fun. but, with patients, i have my money. it took pulling the drivers liscenses to get it. i didnt have to go after assest (wich im thankful for). but i am just happy that it is over.
Congradulations, its about time! I've been following this thread since it started and have been anxiously awaiting its resolve. Now its time to go out and buy a new Fiero, theres nothing more exciting than that! Plus now you'll have 2 fieros!! Keep us posted on your findings(with pics)
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05:41 PM
fierohoho Member
Posts: 3494 From: Corner of No and Where Registered: Apr 2001
i think i am getting to the end of my patients. they have till april 8th to pay, and then i belive we can have their liscenses taken away and we become a collection agencey. i dont have all the paper work in front of me, but i do know that there are alot of exceptions with what i can and cannot take, problems with the value of the home if it is in either of their names, ect ect. i belive i can have their bank accounts and wages garnished, and i know that i can look at their assets for the next 10 years
