FORUM

What are we about?  Please read about our Forum Culture and check out the Rules

BUNNY 911 – If your rabbit hasn’t eaten or pooped in 12-24 hours, call a vet immediately!  Don’t have a vet? Check out VET RESOURCES 

The subject of intentional breeding or meat rabbits is prohibited. The answers provided on this board are for general guideline purposes only. The information is not intended to diagnose or treat your pet.  It is your responsibility to assess the information being given and seek professional advice/second opinion from your veterinarian and/or qualified behaviorist.

BINKYBUNNY FORUMS

FORUM THE LOUNGE Is there a lawyer in the house?

Viewing 11 reply threads
  • Author
    Messages

    • Lightchick
      Participant
      1017 posts Send Private Message

        Or anyone who’s ever been to small-claims court?

        Turns out the guy who caused my accident and put my car in the shop for…oh, a little over 3 weeks now (the shop swears I’ll get it back tomorrow)…didn’t have insurance.  He gave a policy number, but that policy had been canceled or lapsed or something 3 weeks prior to the accident.  He called the day of the accident to get it reinstated, so now it’s active, but it only became valid the day AFTER the accident.

        So his insurance will pay for nothing.

        My insurance has already paid for my damages, so they’ll go after him to get reimbursed.

        My question is, my insurance says that as he was at fault (indisputably–there’s a police report and a citation issued to him that says so), his insurance, had it been active, would have paid for my rental car.  I didn’t find out that his insurance was not valid until Friday, and returned the rental that day.  But still, thats $640 for a rental car on my credit card!

        I don’t have this guy’s phone number, and his insurance is not returning my phone calls.  Of course, I’m going to very nicely inform him that I have a copy of the rental receipt, and that I would like a check ASAP, but if that doesn’t work, anyone have any clue how small-claims works?  I googled it, and just got more and more depressed because it was so confusing. 

        Any personal experience you have to share would be much appreciated!


      • carrythehare
        Participant
        66 posts Send Private Message

          Some insurance policies will pay car rental if the other driver is uninsured.  You can ask your insurance agent.   If your insurance doesn’t pay for your car rental,   you can ask your insurance agent what you can do next.   He might have a good suggestion.   Beyond that,   I don’t know.   If you don’t trust your insurance agent completely,   look for discussion of it in your insurance policy.   Good luck.


        • Cassi&Charlie
          Participant
          1260 posts Send Private Message

            Good luck! Isn’t insurance compulsory?Unbelievable! Poor you, your not having a good time at the moment.

            (((Lightchick)))


          • Lightchick
            Participant
            1017 posts Send Private Message

              Thanks C&C! It’s been quite a month or two…

              Yes, insurance is mandatory. Which is part of what makes me think he should have to pay for the rental car. If his insurance would have paid, but he didn’t keep up his insurance, which is illegal, doesn’t that make him responsible for taking care of what the insurance would have paid?

              Ay.

              My insurance will not pay for my rental car. And the adjustor wouldn’t/couldn’t tell me anything except that I should go to small claims court. He couldn’t tell me anything about how to do that…


            • hooty22
              Participant
              606 posts Send Private Message

                Search for a legal aid or some other type of non-profit legal advice center, they often employ 2nd and 3rd year law students or attorneys who need to get their 50 hours of pro bono, so it’s cheap if not free to you. Since I’m in Pennsylvania, I don’t know all the procedural rules of Californina. You can sue for reimbursement of the costs, interest, time off work, ect. Try calling either your county clerk of courts, your county prothonotary or even the small claims court of your county. The numbers should be readibly available online or in a phone book. Normally these people are helpful and nice. Once you talk to them they will probably help you out. Filing a claim is relatively easy, but you have to be able to find the guy so that he can be served.


              • Lightchick
                Participant
                1017 posts Send Private Message

                  That’s RIGHT Hooty, you and Felonious are almost-lawyers, right!? I knew someone around here was…

                  I sort of just want to make sure that its fair for me to be reimbursed for the rental…

                  I hate asking people for money. And the guy wasn’t a jerk. He just had bad judgment. Twice (lapsed/canceled insurance + trying to get away with leaping across traffic. Three, if you count that he was driving a tank of an Expedition that wastes too much oil and easily creamed my little Honda without getting a scratch himself–which means he should TOTALLY have insurance for the rest of society’s protection, right?!…). But as much as I hate being a jerk, I don’t have $640 spare to just blow off.

                  I have to get bunny-counseling, after all. Sigh.

                  I’m really not finding anything helpful online about what the process/procedure is like. Looks like I’m just going to have to start calling government offices and trudging through the beauracracy…


                • Cassi&Charlie
                  Participant
                  1260 posts Send Private Message

                    We got cleaned up by a big Ford Territory in ur little Holden Barina. The Territory was a tank! It had a slight dent in the number plate & our car was almost detroyed so I know how you feel. I cringe now every time one of the gas guzzlers come near me in my new car.


                  • Lightchick
                    Participant
                    1017 posts Send Private Message

                      Wow! I had NO IDEA cars were different in Australia! I had to Google both of those cars…turned out they’re both made by American companies, but in Australia, so I’ve never even heard of them!

                      You learn something new…


                    • Cassi&Charlie
                      Participant
                      1260 posts Send Private Message

                        Oh yeah, forgot bout that…lol. We have the Explorer here though.


                      • Lightchick
                        Participant
                        1017 posts Send Private Message

                          Yeah, the Expedition (what I got in the accident with) is the big brother to the Explorer. I slid right under it, crumpling all the way… They made an even bigger version called an Excursion. It was seriously the size of a school bus. And then people would get those big tires to make it even more scary.

                          And then the price of gas went out of control, and I think they don’t make the Excursion any more. If I’d gotten in an accident with one of those, I could have just driven underneath it and been fine…

                          (And now I learn why I can’t go in the chatroom: Lizzy has learned, when she is on the sofa, mom pets her. She has now decided that when mom stops petting her to type, mom’s closest available clothing and/or body part needs munching. All of the last typed one-handed. Sigh)


                        • hooty22
                          Participant
                          606 posts Send Private Message

                            Yes, Fel and I are almost lawyers, though I think he has digested more law than me. (he likes to eat my books and notes) So the following is in no way legal advice. If you want legal advice you’d have to go to a California licensed attorney, but this is what you do:
                            Your night court (small claims) is probably held at the Superior Court of your county… I could be wrong, but that’s my best guess. If you call any of the courts they will tell you. Usually the people that answer the phones are very nice and helpful.
                            Go to the Clerk of that court. Once again if you call they will probably tell you. Small claims is very informal and the clerk should have a standard form for you to fill out. You will most certainly need the man’s address (The evil Exedition owner) so that the court may serve him. You will also have to pay a fee which shouldn’t be too expensive, but it is different everywhere. You need his address so that you can determine in which county he lives. If he lives in a different county from you, you might be better off filing your claim there (forum and jurisdiction issues). If he doesn’t live in your county, the fee might be a little higher because your county has to deputize his county so that they may serve him. Its obnoxious, but you’d be better off sueing in his county. After you fill out this form, you file it with the clerk, and he will give you a court date.
                            You need to prepare for this date, but it shouldn’t be too difficult. You need to get all evidence of the accident, copies of the citation and police report, copies of bills, etc. Basically everything attached with the accident and any costs related. You can sue for more than just the cost of the rental. Any deductible you had to pay your insurance company, if you missed any hours of work, the interest on the credit card you used for the rental. These are all real and measurable damages. He hasn’t paid a cent for destroying your car, and you shouldn’t be out a penny when it was totally his fault.
                            After your trial, the judge will give her decision, hopefully it will be in your favor, because you can’t appeal the decision against you. Anyway, hope this helps just a bit and good luck!


                          • Beka27
                            Participant
                            16016 posts Send Private Message

                              i would certainly give it a try. this guy needs to realize that he cannot be irresponsible and get away with it. even if the judge for some reason rules against you, at least he might think twice about being a moron again… what do you know about him? name? phone number? license or license plate number? anything?

                          Viewing 11 reply threads
                          • You must be logged in to reply to this topic.

                          FORUM THE LOUNGE Is there a lawyer in the house?