Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
Insurance companies have lawyers on retainer. The way it usually works with a parking lot accident is both people report the accident to their insurance. The insurance companies find both drivers liable, each pay their own damages and each have their rates go up. When one party has no insurance, there is not a paid lawyer sitting there to say my insured is only 50% liable. The other drivers insurance has not reason not to decide you are 100% liable.
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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Disagreeable
Insurance companies have lawyers on retainer. The way it usually works with a parking lot accident is both people report the accident to their insurance. The insurance companies find both drivers liable, each pay their own damages and each have their rates go up. When one party has no insurance, there is not a paid lawyer sitting there to say my insured is only 50% liable. The other drivers insurance has not reason not to decide you are 100% liable.
Ok, I see. Thank you.
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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llworking
A "bump" that results in no actual damage to a car doesn't cause bodily injury...even by any stretch of the imagination. .
well, I know somebody with an artificial joint now due to a no damage accident, well no damage to the vehicles. While unlikely, it is possible.
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if the other driver was not moving, there is absolutely no question as to liability. Is is the moving car's driver's fault. It is that simple. If the damages are very low they may not bother with anything more than sending a demand letter. Once you go beyond that, it starts to become worth their trouble to chase the OP for the money.
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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Banana1025
Well, thank you all for no help. Does it really matter about my situation? I asked for specific help, giving you some details to shed some light on the subject. I have finally found the courage to get out of an abusive relationship after many years. I am by myself. I had insurance, I don't have it now. It was one of the many things I couldn't keep up with. I have a low paying job because it is what I am able to get and what I already had. I was hoping to make it another couple of months until I can get things caught up with my tax refund and get insurance again. Where I work, there is no public transportation to get there. With people who know nothing about the situation or the details, I knew this would happen. I actually need advice, but I can see I am not going to get any. Thank you for all of your insults, I am sure that will help me figure out what I can do.
I'm new to this site, and some of them do tend to be domineering sounding at times.
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" I wish I could just tell this guy there is nothing really worth pursuing because there won't be any money he can get out of me.
Whoever gets involved (attorney, insurance, etc) they will figure that out and not pursue you for money. Even if they go to court for a judgement to collect in some distant future, they won't try to collect from someone without money now. And usually their first assessment IS "is there any money here to go after."
Congrats on getting out of the abusive situation!
What you are at risk for, is your lack of insurance being identified to the DMV and fallout from that. Given you situation, if it's the first time you've driven without insurance, there'll be a plea deal to make it all manageable (the courts in most areas tend to try to be understanding of finanicial issues like this and give you at least some break at first.)
It is extremely legally risky to drive a car without insurance. You've got to find a way to get enough money to insure. If you do insure on your own before anyone contacts you - that will help in any consequences. Even if no one follows through, you are still putting yourself at legal risk. Carpool with a co-worker until you have it saved up... Good luck finding a solution.
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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aquestioner
I'm new to this site, and some of them do tend to be domineering sounding at times.
Whoever gets involved (attorney, insurance, etc) they will figure that out and not pursue you for money. Even if they go to court for a judgement to collect in some distant future, they won't try to collect from someone without money now. And usually their first assessment IS "is there any money here to go after."
Congrats on getting out of the abusive situation!
What you are at risk for, is your lack of insurance being identified to the DMV and fallout from that. Given you situation, if it's the first time you've driven without insurance, there'll be a plea deal to make it all manageable (the courts in most areas tend to try to be understanding of finanicial issues like this and give you at least some break at first.)
It is extremely legally risky to drive a car without insurance. You've got to find a way to get enough money to insure. If you do insure on your own before anyone contacts you - that will help in any consequences. Even if no one follows through, you are still putting yourself at legal risk. Carpool with a co-worker until you have it saved up... Good luck finding a solution.
Thank you for all of your advice! I appreciate the useful information! I have been carpooling, but I will not be able to get the insurance until tax time.
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
Why are you depending on a windfall tax refund, that you have to wait for, rather than simply having LESS taken out of your paychecks and having the money immediately available? There's simply NO good reason to let Uncle Sam sit on your money for free (you don't even get interest on it).
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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aardvarc
Why are you depending on a windfall tax refund, that you have to wait for, rather than simply having LESS taken out of your paychecks and having the money immediately available? There's simply NO good reason to let Uncle Sam sit on your money for free (you don't even get interest on it).
Great point Aardvarc.
...though come to think of it, if it's earned income credit, you have to wait till you file (don't quote me on that though.)
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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aquestioner
Great point Aardvarc.
...though come to think of it, if it's earned income credit, you have to wait till you file (don't quote me on that though.)
No you don't. You can take an advance...
but while I'm addressing things you've misspoken on, let me take on this:
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Whoever gets involved (attorney, insurance, etc) they will figure that out and not pursue you for money. Even if they go to court for a judgement to collect in some distant future, they won't try to collect from someone without money now. And usually their first assessment IS "is there any money here to go after."
While this may be true for someone collecting government money (SSI or welfare), this is not true for someone who has a job. A person with a job has assets (it's called a paycheck) and that paycheck is subject to garnishment. Not to mention, just because someone is destitute today doesn't mean they will be forever. Judgments are usually good for a decade AND renewable after that, they also collect interest. I've personally seen people collect on 15 year old judgments where the interest far exceeds the principal amount of the judgment, so let's not give the OP some false hope that they won't come after the little bit that she has...
because when it comes down to it, she has to make the insurance company whole for the money they're going to expend for the accident she caused.
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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CourtClerk
but while I'm addressing things you've misspoken on, let me take on this:
Arrogant and comes from a position of weakness - that you have to put someone down rather than talk civilly. That would be true even if you were right.
Really depressing bunch of people on this site it's turning out. Don't know how to talk without putdowns. OP after OP has commented on it. It's been fun pointing it out...
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While this may be true for someone collecting government money (SSI or welfare), this is not true for someone who has a job. A person with a job has assets (it's called a paycheck) and that paycheck is subject to garnishment. Not to mention, just because someone is destitute today doesn't mean they will be forever. Judgments are usually good for a decade AND renewable after that, they also collect interest. I've personally seen people collect on 15 year old judgments where the interest far exceeds the principal amount of the judgment, so let's not give the OP some false hope that they won't come after the little bit that she has...
because when it comes down to it, she has to make the insurance company whole for the money they're going to expend for the accident she caused.
Very rarely do attorneys or insurance in accident cases spend money going after a judgement (even when simple to do) just to collect someone's low wages. Nor do they then come after someone years later because they didn't bother getting a judgement.
Other people, other situations very well may (obviously), BUT I was answering in this case which specifically involves auto insurance and accident attorneys. The OP is right that the letter's point is to see if she has something to go after. (Because it's always their first question.)
While anything is possible, once they get wind of her situation, the extremely most likely is that they will all go away. That's not false hope, unless you mis-read my typing as "absolutely always" rather than an assessment of what's most likely.
Re: Bumped into Someone Backing Out of Parking Spot, No Insurance, No Police Report
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Very rarely do attorneys or insurance in accident cases spend money going after a judgement (even when simple to do) just to collect someone's low wages. Nor do they then come after someone years later because they didn't bother getting a judgement.
You obviously do not work within any of those industries.
and given the transferrability of a judgment and the scum known as junk debt buyers, who knows what may happen with that judgment.
Other people, other situations very well may (obviously), BUT I was answering in this case which specifically involves auto insurance and accident attorneys.
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The OP is right that the letter's point is to see if she has something to go after. (Because it's always their first question.)
second question is ofter:
will she have anything during the life of the judgment. While a 90 yo homeless guy is likely to escape a suit, a 21 yo kid with tons of debt, in college and with a good chance of going to med school would be likely be the target of any suit that is close to viable.
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While anything is possible, once they get wind of her situation, the extremely most likely is that they will all go away.
a simple question:
who is the plaintiff if she is sued?
It could be a couple different parties and that alone can make a world of difference. While an insurance company would be less likely to sue for a small amount (of course they determine what "small" is), a private person may sue over $20. We only have what we are told. After that, all we can do is give a response based on our knowledge, experience, and opinion.