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Projects It looks like my cars are not safe in my own driveway

Discussion in 'The Hokey Ass Message Board' started by junkyardjeff, Aug 9, 2021.

  1. stanlow69
    Joined: Feb 21, 2010
    Posts: 7,348

    stanlow69
    Member Emeritus

    This is the chance you take when not having full coverage, or high deductibles. Right or wrong, just a lesson in life you must live with.
     
  2. twenty8
    Joined: Apr 8, 2021
    Posts: 2,345

    twenty8
    Member

    Yeah, I get that. You may not be able to get a judgement against her for damages. But, she is not above the law, and if driving without auto insurance is a breach of the law, she should be prosecuted. It may not pay for the damage, but it will be something. Too often people are let get away with this sort of shit, which is probably why so many do it.

    Of course, being that it has happened on private property may go against being able to do much. Maybe the neighbors home insurance is the way to go.???
     
    loudbang likes this.
  3. clem
    Joined: Dec 20, 2006
    Posts: 4,205

    clem
    Member

    I am intrigued as to why some on here believe that the neighbour has some form of responsibility in this situation, - surely there are only two parties involved, the girl that did the damage and the OP , owner of the damaged car.
    is the neighbour liable because she was on his property or something similar ?
    Perhaps someone could explain this, - certainly different to how I understand it to be over here.
     
    Last edited: Aug 11, 2021
  4. Would a charge of no insurance stick since the accident apparently happened on private property? (I had the car towed here and I was just moving it around my boyfriends property officer, it never touched the road).

    Unless one can prove she drove on a public road without insurance, I don't see how they can charge her in relation to this accident.
     
    VANDENPLAS likes this.
  5. 36cab
    Joined: Dec 2, 2008
    Posts: 902

    36cab
    ALLIANCE MEMBER

    The police don't have jurisdiction since the accident was not on a public roadway. I don't think they can file a police report but they may file an incident report, although in some cities the police will not even do that since it was on private property. An official police incident report may help you if you go after money in the courts.
     
    loudbang likes this.
  6. woodiewagon46
    Joined: Mar 14, 2013
    Posts: 2,277

    woodiewagon46
    Member
    from New York

    My '46 Woodie was assaulted in my driveway. Three years ago I was in my driveway detailing my car for a Fathers Day car show. I was kneeling down cleaning the driver side whitewall and I heard "help me, help me, he's going to kill me". I looked up and saw a 13 year old boy, bleeding from his mouth and running down the middle of my street. When the kid saw me he ran up my driveway and ran into my garage and hid behind my Deuce roadster. When I turned around I saw a guy walking up my driveway with a 10" Bowie knife. I told the gut to stop right where he was and to not come on my property. With that I told the kid to run into my house and tell my wife to call the police. With that, the perp started for me with the knife. I grabbed a baseball bat and told him that the cop's were on their way and ran onto my porch. The perp said "this is what I think of the cops and jammed the knife into the Woodie's windshield, bent over and jabbed the knife into the whitewall and snapped off an irreplaceable cowl mirror. Turns out the perp was a 28 year old that hadn't taken his medication for three days and had a meltdown. The 13 year old kids were on a nearby school field playing Lacrosse when they were attacked by this nut. Believe it or not this mental case was never charged with a crime.
     
  7. This begs the question, who paid to repair your car? The answer might help the OP of this thread :)
     
  8. Time to look this person up and se him on his turf.
     
    Desoto291Hemi likes this.
  9. Truck64
    Joined: Oct 18, 2015
    Posts: 5,325

    Truck64
    Member
    from Ioway

    Like I mentioned earlier, in the police blotter I read, it just doesn't happen. Out of thousands of moving violations I can maybe count on one hand the number of times I've seen that as a charge.
     
  10. junkyardjeff
    Joined: Jul 23, 2005
    Posts: 8,592

    junkyardjeff
    Member

    I have a feeling I will end up having to take payments and glad it did not cause very large dents and most can be buffed out,going to get a couple more estimates and the figure out how much I want and go from there.
     
    pitman, VANDENPLAS and Truck64 like this.
  11. woodiewagon46
    Joined: Mar 14, 2013
    Posts: 2,277

    woodiewagon46
    Member
    from New York

    born to loze, Grundy Insurance covered the cost of repairs. They had an adjuster at my house the next day and I had a check in a week. In fact they are keeping the case open in case I do find a cowl mount mirror. I can't say enough about how great I was treated by Grundy.
     
  12. Bandit Billy
    Joined: Sep 16, 2014
    Posts: 12,363

    Bandit Billy
    ALLIANCE MEMBER

    True in many, many circumstances. Letting her off the hook is the wrong move, it only perpetuates the lack of responsibility that people have these days.

    My son rear-ended a van when he was a new driver. I called the guy and he said it was an old POS van and he would just forget about it. I told him that was the wrong lesson and message to send. I had him bill my boy for $100 (which he didn't have) and make payments on it till it was paid in full, which he did.

    Moral of the story? If at first you fuck shit up - pay, pay, pay for it! I hope he teaches my grandaughter the same lesson when she is older.
     
  13. Boneyard51
    Joined: Dec 10, 2017
    Posts: 6,451

    Boneyard51
    Member

    Contact Judge Judy!










    Bones
     
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  14. Boneyard51
    Joined: Dec 10, 2017
    Posts: 6,451

    Boneyard51
    Member

    Uninsured motorist only cover personal injury, not vehile damage. At least it’s that way in Oklahoma.









    Bones
     
    Last edited: Aug 13, 2021
    lurker mick likes this.
  15. Dick Stevens
    Joined: Aug 7, 2012
    Posts: 3,715

    Dick Stevens
    Member

    Exactly, my point was about how many uninsured people are out there driving and the risk it is to those of us that could be involved in an accident with them.
     
    Boneyard51 likes this.
  16. Boneyard51
    Joined: Dec 10, 2017
    Posts: 6,451

    Boneyard51
    Member

    Tons! I can tell many horror stories about drivers here in Oklahoma! Like buying one month insurance to get a tag and not paying again , causing the policy to lapse! Very common!






    Bones
     
    egads and X-cpe like this.
  17. A Boner
    Joined: Dec 25, 2004
    Posts: 7,437

    A Boner
    Member

    Guess you don’t have a very safe driveway...send her the bill!
     
  18. twenty8
    Joined: Apr 8, 2021
    Posts: 2,345

    twenty8
    Member

    Bandit Billy for "Grand Poobah". I want to live in a world run on these principles................:):):)
     
  19. twenty8
    Joined: Apr 8, 2021
    Posts: 2,345

    twenty8
    Member

    The guy next door is definately not legally responsible for the damage, but I can't beleive that you don't see a moral aspect regarding him...............:confused: She was there as his guest.
     
    TagMan likes this.
  20. Budget36
    Joined: Nov 29, 2014
    Posts: 13,233

    Budget36
    Member

    Threads will morph;). I’d asked a few questions, and without @junkyardjeff answering them, I kinda think I have an answer based on “looks like I’ll have to take payments “.

    So would seem he had a conversation with the girlfriend and they have somewhat of an understanding.
     
  21. In my area around Wheeling WV also very common. Without a dash camera to catch them in most instances they dash back across the river into Ohio and attempt to vanish. Water bottle (7 axle oil field tanker) side swiped my OT F 250 SD and took off an $1800 mirror. Went to the St Clairsville Ohio Highway Patrol and they downloaded the SD Card. Identified the tanker by License number and contacted the company and sent them a copy of the video. Went to the company office and they had the driver there. They had him apologize then fired him on the spot and issued me a check for the mirror.
     
    Stogy, alanp561 and klleetrucking like this.
  22. junkyardjeff
    Joined: Jul 23, 2005
    Posts: 8,592

    junkyardjeff
    Member

    She has not shown up since the incident so I have not had the chance to talk to her yet,I have been through this before with people who did not have insurance and never got a penny so I am trying to not to get overly excited that I will get paid what is owed and get bummed when it does not happen but hoping it can be worked out.
     
    F-ONE, Stogy and VANDENPLAS like this.
  23. It is for situations like this that the small claims court system was created. If she doesn't step up and take responsibility, you take your claim and your evidence and present it to the judge and the if preponderance of the evidence weighs in your favor, he/she will take the liberty of assigning the responsibility to the defendant. Voila!, you get the judgement and the appropriate documentation to proceed with attachment of her paycheck, bank accounts, etc. until the award is settled.
     
  24. 48fordnut
    Joined: Nov 4, 2005
    Posts: 4,215

    48fordnut
    Member Emeritus

    She was trespassing.
     
    Deuces likes this.
  25. 03GMCSonoma
    Joined: Jan 15, 2011
    Posts: 314

    03GMCSonoma
    Member

    When you win in small claims court it is now up to you to collect. You still may not get any money from her.
     
    VANDENPLAS likes this.
  26. 03GMCSonoma
    Joined: Jan 15, 2011
    Posts: 314

    03GMCSonoma
    Member

    This will determine for sure if she has a license and insurance.
     
    warhorseracing likes this.
  27. If she has disappeared, she ain't comin back.. The "pay in installments" never works, they may pay you $5 once, then they make like the dinosaurs . Having had a commercial vehicle insured for many years, I would often ask my insurance agent how the claims were going against numerous pricks who ran into or up the arse of my vehicle. Mine was fixed under insurance, but the insurance company would try to get some loot off these deadbeats. They would go to court, made to pay it off in $5 per week installments, make a couple of payments (maybe), then move house and that was it. He said it was a "standard formula".
     
  28. F-ONE
    Joined: Mar 27, 2008
    Posts: 3,271

    F-ONE
    Member
    from Alabama

    This posting is probably not going to be popular with the brass knuckle and baseball bat brigade but peace is worth something.
    Neighbors have killed each other over stupid stuff like dogshit.
    Nothing is worse than living next door to sour neighbors. It can be a venerable hell. Peace is worth something.
    It sucks, I know. It could have been one of your more favorite or higher dollar cars but the truth is, it was not.
    Let 'em know you would appreciate some reimbursement in nice gentlemanly way.
    You and I both know it's not going to happen so there's no need to sour the air.
    Likely you'll get stories about her sick Mama....how she's got to go to work....her kids and blah, blah, blah, Freakin Blah!
    Peace is worth something.
     
    harpo1313, VANDENPLAS, pitman and 3 others like this.
  29. Stogy
    Joined: Feb 10, 2007
    Posts: 26,348

    Stogy
    ALLIANCE MEMBER

    Yes it is...but maybe a mouth guard is a good idea so you don't grit your teeth away...Jeff has my sympathy having a shared driveway...my bro had a shared driveway and there was always shit going down at that dividing line...there was even a double garage split with a wall...:eek:
     
    Last edited: Aug 12, 2021
  30. topher5150
    Joined: Feb 10, 2017
    Posts: 3,356

    topher5150
    Member

    I'm thinking the insurance would probably tell you that the insurance claim would be worth less than deductable and not worth it. I'm betting the best bet is small claims court,
     
    Deuces likes this.

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