The horns of a dilemma

Discussion in 'The Village Square' started by fatbaldguy, Jan 13, 2016.

  1. fatbaldguy

    fatbaldguy In Flower

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    Today, we shall purchase a new to us vehicle. I have made a 'virtual' deal on it already. It is 1 hour 45 minutes away. Fun times ahead. The purchase will strip our emergency cash and ready savings to the bone. While I had been saving $100 a week toward the purchase of said vehicle, I hadn't been doing it nearly long enough. I thought I had another 18 months. I don't know if I mentioned, I like to pay cash for everything, and I don't have a house payment.

    The dilemma. The woman that hit me is 72 years old. She was uninsured at the time of the accident. I am presuming here, but, from the make/model and year of the car she was driving, and the neighborhood she lives in, I don't think she has much. In no way could I take her home or what she needs to live. On the other hand, I think I'm deserving of some restitution.

    I don't know how to proceed.

    What I do know. She has lost her driving privileges for at least 90 days, and until she has proof of insurance. Her car is damaged as well. I don't know how badly though, I 'think' it was drive-able. She is likely frightened about her future as well.

    What should I do? Help an old hillbilly out here.
     
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  3. Ronni

    Ronni Hardy Maple

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    In your shoes, I would have a conversation with her. A face to face sit down. I'd find out just how badly off she is. Appearances can be deceiving.

    I'd just tell her I don't want to take her to court, because if I did I'd win....and I'd say that not as a threat, but just because that's pretty much the case. No insurance will do that, y'know?

    But you're right, you deserve some restitution. So find out what she's willing/can offer in that regard, what you can work out on your own with her. If she's recalcitrant or challenging, or just plain nasty, then I think you could go ahead legally in good conscience. I mean, all you can do is offer her an opportunity. You don't HAVE to do that, but if you do, and she's a b!tch about it, then personally I'd have no difficulty in litigating if I had to.
     
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  4. Droopy

    Droopy Slug Slaughterer Plants Contributor

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    I think Ronni has some good points. I'm unfamiliar with your laws and have never experienced what you did. I do hope you'll get some sort of restitution.
     
  5. Sjoerd

    Sjoerd Mighty Oak

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    That was a measured and balanced reply from Ronni wasn't it. She is a smart cookie.

    I think that the bottom line in this whole thing is that you are due some restitution because the lady was in the wrong--She made a traffic violation and she did not have auto insurance. In the face of these facts, I cannot have any other opinion.

    What would tip the scales for me is the fact that the lady demonstrated anti-social behaviour by knowingly refusing to purchase auto insurance. It is anti-social and it is irresponsible.

    As a victim, you cannot be expected to monetarily solve a situation that has been created by such a person. She has made a calculated decision. What to do is to me patently apparent....as unfortunate as is it is for her.

    I realize that owning an auto there is more of a necessity than it is a luxury, so you really do need to replace your auto.
    As I have said, the bottom line here is that you deserve and should be awarded some form of compensation.

    Good luck, FBG. I hope that you can have this situation fairly resolved.
     



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  6. 2ofus

    2ofus Hardy Maple

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    I second Ronni's suggestion. Even a little would help.
     
  7. eileen

    eileen Resident Taxonomist Staff Member Moderator Plants Contributor

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    I agree with Ronni too FBG. If she couldn't/wouldn't pay out for insurance and the accident was her fault then she should take the consequences. If, she isn't happy to help you out then you really have no alternative than to progress with the case through your legal system. Good luck.
     
  8. eclecticgarden

    eclecticgarden Seedling

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    It's possible that the "restitution" would come from your own insurance. Your best bet would be to contact a lawyer who specializes in this. Sometimes they don't charge unless they win.
     
  9. toni

    toni Mistress of Garden Junque Staff Member Moderator Plants Contributor

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    Are there children or other family members you could contact?
    If the accident was caused (on her part) by a medical condition....i.e. stroke, seizure... there is a chance she could soon be in a care facility and under Medicaid if she can not afford it herself. At that time there will be nothing you can do about getting any money from her because Medicaid will take all but a very few dollars for her necessities while living at the facility. And if the family sells her home and property, Medicaid will require that the money be spent on her care before they will take over the cost.

    Be sure to contact your own insurance agent to see about adding Uninsured Motorist coverage to your policy....that way they will take care of you and your car if something like this happens again.
     
    Last edited: Jan 13, 2016
  10. marlingardener

    marlingardener Mighty Oak

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    FBG, let's look at this logically. She broke the law twice, first by driving uninsured, and then by running a red light and causing an accident. This is not a sweet little old lady. She is just a step away from being a felon.
    If she is indeed financially strapped, she can make restitution a little at a time, say $5 a week. If it causes her to suffer a bit, well, you are suffering, too. If she agrees to this, draw up a contract laying out the terms, make a copy to give her, and both of you sign the agreement and each keeps a copy.
    Is there Legal Aid near you? Legal Aid can offer advice, alternatives, and point you in the right direction to get what you need, all for free.
    I do hope this resolves itself to your satisfaction and benefit.
     
  11. fatbaldguy

    fatbaldguy In Flower

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    Yesterday, we bought a 2008 Dodge minivan, for the missus. She is happier than she was, but not totally satisfied with it. I will be driving what was once 'her' car now.

    I have asked many different people in many different walks of life for their input on this situation. The majority opinion is that; This woman knowingly broke the law. This woman nearly committed at the very least vehicular homicide. I should pursue restitution by whatever means necessary. I will take some photo's of the car today and then perhaps contact an attorney for consultation.

    I am more sore than I can ever recall having been. I see my Doctor tomorrow morning.
     
  12. marlingardener

    marlingardener Mighty Oak

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    FBG, I think you have made the right decision, and I do hope you receive at least part of what you deserve (nothing can make up for the pain and worry.)
    I hope your doctor can help relieve the soreness, or that it starts to go away on its own soonest.
    If its any consolation, everyone here on the Stew is thinking of you and wishing you the best.:setc_088:
     
  13. toni

    toni Mistress of Garden Junque Staff Member Moderator Plants Contributor

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    The soreness doesn't normally begin until a couple of days or so after the trauma but the doctor can make sure there isn't anything cracked or torn that shouldn't be. Good luck.
     
  14. Netty

    Netty Chaotic Gardener Plants Contributor

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    I think you are making a good choice FBG.
    I always teach my kids that every action has a re-action. In this case, if nothing is done this person may continue to get behind the wheel, and it may end up worse next time. I think someone at that age should know better, and there needs to be a consequence to the action.
     
  15. eileen

    eileen Resident Taxonomist Staff Member Moderator Plants Contributor

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    Good luck with the other driver FBG. I hope everything works out to your advantage.
     
  16. Jewell

    Jewell Incorrigible Gardener Plants Contributor

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    My husband many years later still suffers sporadic muscle spasms from his car accident. With medical problems make sure your insurance company doesn't prematurely close the incident.

    Ronni is bright person and gave a good answer. We have always followed our hearts when faced with your decision. Sometimes just putting the entire problem "to bed" and forgetting it has been the best answer though not the best financial choice. You will know the best answer
     

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