Everything happens for a reason, right? (Kinda long)

[aleam_38]

Well, today I found out the bad news.

Let me back up and explain the situation real quick for you. Almost two months ago my GF and I had a wonderful Friday night. We went out to dinner then we went to our favorite wine bar and got a nice bottle of wine to drink. Hit the local B&M shop around the corner too. After a few hours there we went home, that was about 1 am. About 2:30 we are suddenly woke up by a bang. A drunk driver runs into our house. When I say drunk I am talking about couldnt take three steps without falling over. Hit the part of the house were our bed rests. Four more inches and I think he would have killed us.

Fast forward a week or two....

Spent alot of time on the phone with lawyers and contractors to try and get quotes ect. Find out the guy has prior offences has no insurance and owes more money than Bill Gates makes in a year. So my GF and I decide to try and get the officer to change the charge to a property crime. No go he says, we would have to take him to small claims. Great, more time and money spent. We decide to suck it up and pay the deductible and any differences. We were sleeping when it happened and still have to pay about 2000 dollars. We talk to the state attorney and tell him that we are getting screwed and to pin him against the wall.

Fast forward to today....

Found out the guy got off with about 50 hours of community service, probation, a small fine and a suspended DL for 6 months to a year. A slap on the wrist. That just gets me.

Sorry to ramble, things like this just drive me crazy. I am done with the situation, I have spent more then enough energy on this guy in trying to get him to be responsible for his actions, it just aint going to happen. Just wanted to get that off my chest, thanks for listening. :sadpace:

 

[Rich K]

Wow, that's ridiculous! I'm sorry to hear about such a crappy situation for you.

 

[Greg]

That's terrible. As long as you can put it behind you that's cool.

I'd sue him in small claims, but you're right, it might not be worth the stress.

At least you and your GF were not hurt, that's the most important thing.

 

[Headbanger]

Been on accident scenes like that. Been on one's that people died, so definitely count your blessings Eric. Glad you and the GF were not harmed. Best of luck in your situation, wish I could help but seems you are doing the right thing in a tough spot.

 

[tobby4]

damn, sorry to hear that... i would be hard pressed not to sue the shit outta him... but you are both alright and that is all that matters

 

[ezrider]

Dude, that's jsut NOT right..the laws, it seems are for the UNlawful not the lawful...........there are more people with 10 or more DUIs, out running free to screw us all......why in the hell do you think insurance is so high...........

 

[Cigar_Jack]

I guess taking him to court would only end up costing you more since you know the bastard can't pay. Can't get blood from a turnip.

 

[earnold25]

I'm assuming he got off of the criminal part of the trial. If you went through you're insurance company, they'll almost definitely try to reclaim money from him ...even if that means a civil trial. No cost to you, other than your deductible. Which they'll even get back for you (may take 30 years in this guys case)

But yea, it sucks. Thankfully no one was injured or killed.

 

[Electric Sheep]

Sorry to hear about your trouble. It sounds like a really sucky situation.

If that were to happen here in Texas, he'd either be running away, or he'd be hanging from a tree. We don't take kindly to the sort of folks who don't fulfull their obligations!

 

[aleam_38]

I'm assuming he got off of the criminal part of the trial. If you went through you're insurance company, they'll almost definitely try to reclaim money from him ...even if that means a civil trial. No cost to you, other than your deductible. Which they'll even get back for you (may take 30 years in this guys case)

But yea, it sucks. Thankfully no one was injured or killed.

We did talk to the insurance company but since the claim was less than 10 grand they were planning on writing it off. Which means they probably will drop us here in the next couple of weeks. :cursing:

 

[Wasch_24]

Man, that really does suck. He will get his though...what goes around comes around. :thumbsup:

 

[jwintosh]

that sucks! glad to hear no one was hurt! so sorry....

jeff

 

[indyrob]

It's a shame that drunk driving almost gives someone a free pass to mayhem.

Found out the guy got off with about 50 hours of community service, probation, a small fine and a suspended DL for 6 months to a year. A slap on the wrist. That just gets me.

The real shame is that the small fine goes to the state, which wasn't involved in the accident at all!

 

[djustice]

I'm sure someone could introduce you to a few guys that could get 2K out of him. It may not be cash but it may make you feel better about it. :wink:

 

[Kingston]

I guess taking him to court would only end up costing you more since you know the bastard can't pay. Can't get blood from a turnip.

If you do small claims, then there are no attorneys (at least in California), and court costs are recoverable. The guy probably wouldn't show up and you'd get a default judgment. Different jurisdictions have different small claims limits, so check on that.
As for collection, you can get a lien on any accounts and/or his paycheck.


*I am not a lawyer, and the above should never be taken as professional legal advice*

 

[aleam_38]

If you do small claims, then there are no attorneys (at least in California), and court costs are recoverable. The guy probably wouldn't show up and you'd get a default judgment. Different jurisdictions have different small claims limits, so check on that.
As for collection, you can get a lien on any accounts and/or his paycheck.


*I am not a lawyer, and the above should never be taken as professional legal advice*

Kingston,

We did look into that, they told us they could garnish (sp) his wages but we probably wouldnt get to much due to the fact he has had about 15 jobs in the last three months.

The other thing that worries us is that he is not from the best part of town and he and his friends all know were we live. I work alot am my GF is at home at times when I am not. I am scared that if we did start to make his life a living hell that they would not have a problem stopping by our house and I dont want to put my GF into a situation like that when I am not home.

 

[Kingston]

Kingston,

We did look into that, they told us they could garnish (sp) his wages but we probably wouldnt get to much due to the fact he has had about 15 jobs in the last three months.

The other thing that worries us is that he is not from the best part of town and he and his friends all know were we live. I work alot am my GF is at home at times when I am not. I am scared that if we did start to make his life a living hell that they would not have a problem stopping by our house and I dont want to put my GF into a situation like that when I am not home.

All very valid concerns. I hope it works out for you.

 

[Boppa-Wasch]

Glad to hear you and the GF are OK!

 

[Ratbert]

Hmmm...I'm surprised that your insurance company is writing it off. Florida is very victim-friendly and the state usually does an excellent job of making restitution a part of the sentencing. :scratchhe

I would recontact your claims adjuster and then go up the line to his/her supervisor and then manager until you get someone's ear and tell them that you expect for them to subrogate against this guy for your deductible and whatever they paid on the claim. Also, this lets your insurance company become the bad guy in his eyes, not you. I'd make them pursue it rather than go to small claims court yourself. They have the legal resources to handle this, they just don't want to because it's not an easy recovery.

Don't let them screw around with a collection agency first...tell them that you want them to file a lawsuit against him pronto. A lawsuit will only cost them a couple of hundred bucks and trust me, the guy won't answer it and they'll secure a default judgment against him. They can then revoke his driving privileges and file a lien against any real property until he pays off the judgment.

Unfortunately, you cannot garnish his wages in Florida if he's the head of his household. But, if the owner of the vehicle is different than the driver, you can name them as a defendant in the suit as well.

I've seen defendants surface after 20 years (no kidding) and make arrangements to pay on a judgment in order to get their license back, or to sell a home.

Make some noise with your insurance company...can't hurt.

Good luck!

 

[cvm4]

I'd take that advice. Don't let the biggest form of organized crime, insurance, screw you around.