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  1. #1
    Join Date
    Sep 2015
    Location
    Maryland, USA
    Posts
    43

    Question How Do I Revive the Restitution Claim of Reckless Driving Accident

    My question involves a traffic ticket from the state of: Maryland.

    How do I revive the restitution claim of reckless driving accident?
    ======================================

    Thanks for looking into my thread. This happened in Maryland High way. Here is the situation.

    I followed the road rules. A Motor cycle rider did lane split (Illegal in MD) on Highway and collided with my car. This rider's license was suspended on 2014, no registration & no insurance.

    MD state pressing 13 count charges against this rider.

    State (MD) files charges of violation and got a plea deal. State presented my restitution claim in sentence hearing. State asked me to show up.

    I did not have an idea, what this plea agreement is.



    After reviewing the restitution claim judge threw a bombshell. He has a view that motor cycle rider is not responsible for my injury/property damages. I am surprised, how did he come to this conclusion without understanding the accident background.



    I have a police report, that I did not take it to this hearing. It clearly state that this motor cycle rider architected the accident of 5 vehicles accident. He was at fault as per police investigation. I am not sure how the court/judge pick a contrary view to deliver outcome.



    How did the court give him a free pass and making me to hold the bag?



    Are there any avenues to revive the restitution claim for my injury/property damages?



    Thanks for sharing.

  2. #2
    Join Date
    Oct 2016
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    3,669

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    When did the accident happen?

  3. #3
    Join Date
    Jul 2010
    Posts
    7,813

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Is your insurance not covering this? Normally they would cover and go after the at-fault party's insurance.

    You may have to sue the at fault party in order to recover any otherwise uncovered expenses/damages.
    I am the Mouse Man

  4. #4
    Join Date
    Sep 2015
    Location
    Maryland, USA
    Posts
    43

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Thanks for weighing in.

    This accident happened on 7/6/2019

    I have only liability Coverage.

    If I sue the fault party of multi vehicle accident, it will be on Civil route.

    As the Fault party does not have insurance/registration, how will this end on recovery?

    Does the Criminal charge /restitution has more teeth for enforcement of claim ?

    Thanks for sharing.

  5. #5
    Join Date
    Oct 2016
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    3,669

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Quote Quoting MDRI
    View Post
    Thanks for weighing in.

    This accident happened on 7/6/2019

    I have only liability Coverage.

    If I sue the fault party of multi vehicle accident, it will be on Civil route.
    Yes, you would sue him in civil court.

    Quote Quoting MDRI
    View Post
    As the Fault party does not have insurance/registration, how will this end on recovery?
    If you win your civil suit then you will have to collect.

    Quote Quoting MDRI
    View Post
    Does the Criminal charge /restitution has more teeth for enforcement of claim ?
    Thanks for sharing.
    Sure it does but the judge has already ruled that isn't going to happen.

    How much are you talking about in damages and what are the nature of the damages?

  6. #6
    Join Date
    Sep 2015
    Location
    Maryland, USA
    Posts
    43

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Thanks for weighing in .

    I find the following of pressed charges by MD Police against this person.

    MD Statute
    TA.21.801.B - Failure to control vehicle speed on highway to avoid collision
    TA.21.901.1.A - Reckless Driving vehicle in wanton and willful disregard for safety of person and property
    TA.21.901.1.B - Negligent Driving vehicle in careless and imprudent manner endangering property, life, and person

    Do these charges deserve attention for ruling ?

    Are there ways to re-open/request another hearing for above charges with State ?

    Thanks for sharing.

  7. #7
    Join Date
    Oct 2016
    Posts
    3,669

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Quote Quoting MDRI
    View Post
    Thanks for weighing in .

    I find the following of pressed charges by MD Police against this person.

    MD Statute
    TA.21.801.B - Failure to control vehicle speed on highway to avoid collision
    TA.21.901.1.A - Reckless Driving vehicle in wanton and willful disregard for safety of person and property
    TA.21.901.1.B - Negligent Driving vehicle in careless and imprudent manner endangering property, life, and person

    Do these charges deserve attention for ruling ?

    Are there ways to re-open/request another hearing for above charges with State ?

    Thanks for sharing.
    No, you can't reopen those charges. It would be a constitutional violation called Double Jeopardy. You will need to sue him in civil court. And since you didn't answer my previous question, here it is again.

    How much are you talking about in damages and what are the nature of the damages?

  8. #8
    Join Date
    Sep 2015
    Location
    Maryland, USA
    Posts
    43

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Thanks for weighing in .

    How much are you talking about in damages and what are the nature of the damages?
    Property Damages 5K, Medical 4K, Pain & suffering (????)

    Thanks for guidance.

  9. #9
    Join Date
    Oct 2016
    Posts
    3,669

    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Quote Quoting MDRI
    View Post
    Thanks for weighing in .



    Property Damages 5K, Medical 4K, Pain & suffering (????)

    Thanks for guidance.
    $5K is the limit for small claims so you will likely need a lawyer if you want to sue. There may be nothing there to actually get if you do sue and win.

  10. #10
    Join Date
    Sep 2015
    Location
    Maryland, USA
    Posts
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    Default Re: How Do I Revive the Restitution Claim of Reckless Driving Accident

    Quote Quoting PayrolGuy
    View Post
    $5K is the limit for small claims so you will likely need a lawyer if you want to sue. There may be nothing there to actually get if you do sue and win.
    Thanks for your insight. I will go with your suggestions.

    Code:
    For lesion learned ***

    Do you mean victim cannot count on Restitution? (this is a general question)


    What are the things victim can do get Restitution?


    Thanks for your guidance.

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