legal problem?

Discussion in 'Green Room' started by mooo, Jun 14, 2005.

  1. mooo

    mooo thecyberninja

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    Not sure if this goes in jokes and humor or here..

    2weeks ago i took a friend of mine to get a used car like 6hours away.. so she gets it (2002 acura rsx $8k).. and drives it home with out insurance and i tell her to get insurance on monday when they open up. Well she doesn't listen and on friday she was going somewhere and wrecked the car, $8k down the drain.

    Apparently she ran into a BMW and the other guy is claiming injuries. Both cars are totalled. So she got ticketed (i duno why they didn't take her to jail, would think they would have) but yea.. what makes it funny is that her best friend like 2yrs ago got in a wreck with out insurance and always talked trash about him and how big of a loser he was for it.. karma is a bitch i guess :p

    owell my question is do you think she will get jail time when she goes to court? And apparently she is going to be sued by the guy and is thinking of filing for bankruptcy, but does she have to do it if she doesn't have any money or assests?

    (i know its wrong to say but kinda funny for her talking the crap and then it bites her on the ass)

    thanks,
    mooo
     
  2. lancer

    lancer There is no answer! Political User Folding Team

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    she shouldn't get jail time, but she will be sued and she will lose, she also should wait until AFTER the trial and after she is sued to claim bankruptcy.

    Kinda a sad situation and not really funny at all, as the person who was in the bmw, probably did not have insurance against people without insurance, so he is losing out big ****ing time, because of your so called idiot friend.
     
    Petros likes this.
  3. mooo

    mooo thecyberninja

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    well here is what she does.. she gets cars from autotrader or what ever, and sells them after her friend works on them for 2weeks or so for a profit and i told her that if she continues to flip cars it will bite her in the ass in march.. Also she took the $8k from her mom to buy the car and didn't tell her and still hasn't told her that it was her money. i kinda forgot to say that part.
     
  4. dere

    dere Forensix Folding Team

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    First off, depending on the state, she might lose her driver's license. The person can sue and will most likely get a settlement. She can file for bankruptcy all she wants but she will still be responsible for the settlement. A bankruptcy will not just sweep that type of thing under the rug. On to the stealing of the money from her mother, that is just wrong and the mother could possibly file charges about that.
     
  5. Mastershakes

    Mastershakes Moderator

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    Leave the country
     
  6. mooo

    mooo thecyberninja

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    well the mom didn't want a lot of money in her accounts so she gave the girl like $10k to put in her bank account just to draw interest and the girl could keep the interest. So yea she screwed herself really good. I will tell her that filing won't fix the other stuff. Thanks. If you only knew how cocky this girl was her driving record and in the past 3-4months she got a ticket for 31over and now this.. Insurance is going to suck hardcore for her in the future.
     
  7. Grandmaster

    Grandmaster Electronica Addict Political User Folding Team

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    In other words, she is ****ed.
     
  8. Steevo

    Steevo Spammer representing. Political User Folding Team

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    Insurance is cheap.


    I have three cars and property insurance and it is less than $200 a month and my woman has a DUI from last Dec. on it too.




    All I can say is whadda moron.
     
  9. Petros

    Petros Thief IV

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    This guy who is suing her stands to gain nothing but burning money on lawyers and forcing her to bankruptcy (which is a crappy thing to do). If he has uninsured motorist insurance amounting to enough to cover his vehicle, fine. Suing her won't solve anything, insured or not...which is kind of crappy on her part, too, because he's out the money if he doesn't have enough uninsured motorist coverage.

    Edit: Reading the other posts in the thread, I find I'm just repeating Lancer. ;)
     
  10. Son Goku

    Son Goku No lover of dogma

    I'm sorry. I know this is a friend of yours, so I'd rather not say what I'm thinking... As to the mother putting the money in her account, don't know the details, but sounds like there was a certain amount of trust there that will be gone. One way or another she's going to have to tell her mother unless she can raise this money fast... If she tries to avoid consequences or avoid facing them, she could well end up making things worse for herself...

    As to why they might not throw a person in jail immediately, there is a possibility someone is insured but simply hasn't got their card yet. At least where I live, a person is given a ticket for it, but if they take proof of insurance along with the ticket down to metro court, they'll verify the insurance and then drop the ticket... The proof (and they might contact the company for verification) has to include the period of time one got the ticket for. Getting insurance after the fact won't help...

    There is another situation bankruptcy with bankruptcy laws in this country... (Though, tbh, I'm not sure it ever allowed one to avoid their legal responsibilities. In fact the attempt to use it as a means of escape would no doubt make one look really bad in the eyes of the law, and a bankruptcy judge might turn around really get annoyed with the person...)

    Congress recently passed a bill, and the President signed it, that essentially (when it takes effect) will not allow those with a certain amount of income to file the "old style" form of bankruptcy to avoid their debt. At the court's discretion, the person can be forced into a payment plan...
     
  11. j79zlr

    j79zlr Glaanies script monkey Political User

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    Wrong, most states will throw the ticket out even if you get insurance after a ticket, even an accident, it happened to my cousin. She was hit by an uninsured motorist. They ended up getting the ticket thrown out then tried to sue my cousin eventhough the accident was their fault.

    Personally I think your friend should have her wages garnished until she pays the full extent of the debt. That is why I pay for insurance.
     
  12. mooo

    mooo thecyberninja

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    Ha, she doesn't work(and doesn't want to, wants a guy to support her). I feel like she should pay it too. Paying it for 7yrs or having the bankruptcy on your record both are bad, but at least paying it off i could sleep at night and not dicking people over.
     
  13. Son Goku

    Son Goku No lover of dogma

    Well the law does very from state to state, so what applies in one might not apply in another. But I'll say this much, they do check to see what time one was insured here in New Mexico. I had studied some law in one other state, and wasn't left with the impression one could get around it in this manner.

    OK, I was driving home one night, when one of my headlights died. Of course at around 1 am there isn't reall much one can do in terms of replacing a headlight, unless one has a bulb handy and changes it themself...

    I got pulled over for this... Only problem is, my policy had already been renewed, the bill payed on time, but the insurance company hadn't yet mailed the new insurance cards to me.

    The cop didn't right me up for the ticket, he just told me to get it fixed (OK, as a practical matter, there really wasn't much I could do when the bulb failed that very night), but he did ticket me for not having an insurance card. He also told me to contact the insurance company, and upon proof of insurance the ticket could be thrown out. He then left...

    Sure enough, this is exactly what happened. Called the insurance company, they immediately faxed proof of insurance out to me, which I took to metro. The court clerk did call the insurance company and verified the insurance was good at the time in question, just as I said. I'm speaking from personal experience here...

    If you'd like though, my Tia Chi teacher is also a lawyer by profession. I could ask her on the matter, and see what she would say...
     
  14. tzepp@cox.net

    tzepp@cox.net high

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  15. tdinc

    tdinc █▄█ ▀█▄ █ Political User

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    :ermm: what a shame.......If this is in the states. then shes up schits creek.
    I believe all states reconize the new insurance laws....the one here in michigan really became ruthless if you get caught with it..fines all over the place.......
     
  16. LeeJend

    LeeJend Moderator

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    Skipping the state is the usual practice of uninsured/underinsured people who have no job and who can't drive worth a ****.

    There is major change coming (possibly already passed) to the bankruptcy laws. You won't be able to use them to dodge a debts.

    PS Tell your stupid **** friend that whatever debts result from a lawsuit will become the joint property of any future husband (if anyone is ever stupid enough to marry her). Beamers go for $40-50K now don't they? If she forgets to mention her legal liabilities to her future spouse it will not do her marriage any good. Of course if she does mention the liabilities to prospective spouses she won't have to worry about ever being married.

    PPS Thinking of getting married? Run credit, criminal, and insurance claim history checks on your prospective spouse.
     
  17. rushm001

    rushm001 In the beginning...... Political User

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    Here in Britain there is kinda a fund which all the insurance companies pay into so you're not out of pocket if hit by an uninsured motorist.

    What makes me laugh is that for a 17 year old to get insured on a rubbish nova costs them the other side of £1k, but if they chance it and drive without insurance they get fined about £200! If they write their Nova off they haven't really lost anything either!
     
  18. dave holbon

    dave holbon Moderator

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    Driving without insurance here in the UK is also a “criminal” offence and has been for a long time now. It is estimated that 1 in 20 vehicles on the road have no insurance for third party claims and the best guestimate is that over 75% of offenders are aged between 18 and 30 where the premiums are in fact exorbitant, usually costing more than the value of the vehicle (each year) that someone in that age group can afford, so there is a massive incentive to break the law.

    On average 30% of all insured premiums for law abiding citizens go to a fund that protects them in cases where you have bought a claim against an uninsured motorist so you will still gain redress; however the average fine imposed is about £200.00p and a few points on the offenders licence. This however is set to change and it is proposed to destroy the offender’s vehicle, ban them from driving by the removal of their licence and to force them to re-take the driving test. This is because the courts that normally hear such cases in the UK (Magistrates or Police) courts are required by law to take into account an individual’s ability to pay the imposed fine and adjust it accordingly, so there is an in-built quandary here as if the person could have afforded the insurance in the first place, most would probably have paid it.
    :eek:
     
  19. Son Goku

    Son Goku No lover of dogma

    Well in the US, the higher premiums are till age 25... That said, I don't think they're more then the value of one's car...and unfortunately they don't take into account one's past driving record. Mind you, an older driver that has so much as a speeding ticket is quite likely to see theri insurance rates go up. Same if one is in an accident.

    Lets just say I've spoken to someone in another forum who is 20 (I think he said), has had no accidents, tickets, a completely clean driving record over a few years...his insurance rates still high, and this fact doesn't seem to be taken into consideration. I think that's a bit of a rip, as if a bad driving record is countable for someone over "the magic age" a clean driving record should also come into account IMO...

    All said, insurance costing more then the cost of the car :down: Are they trying to push people into having to break the law over in the UK?

    Which helps add to the problem. Increse premiums, and fewer can afford the insurance, and so they don't (from your description taken into account when it goes to the magistrate). This increases the number of uninsured motorists, which in term increases the number of people who could get hit by one of these peeps (for which the fund's money is set aside)... What a pickle :eek:
     
  20. LordOfLA

    LordOfLA Godlike!

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    The reason car insurance is higher in the UK is because you're not insuring the value of your car, you are insuring the value of what you might hit (or get hit by).