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Old 08-13-2008, 04:35 PM   #1 (permalink)
buellxb9rfb
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sad to say my little 2003 rio is leaving me .. the ins compnay totaled it this morning .. wrecked it on friday 8-8-08
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Old 08-13-2008, 05:26 PM   #2 (permalink)
jcwit
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Nobody hurt? Sincerely hope not. Metal can be replaced body parts can't, and pain is not good.
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Old 08-13-2008, 06:30 PM   #3 (permalink)
buellxb9rfb
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no one seriously hurt. every one made it out with all limbs intact .. now the trick is to find one for what im getting out of it
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Old 08-14-2008, 05:21 AM   #4 (permalink)
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If they give you a buy back option take it, you could get a pair of side doors for about $100 and a fender for $20-60, it would only be about $100 in paint / materials to re-shoot and blend in the pannels. Insurance companies offer buyback for 10-20% of the value they pay you so if they pay you $4,000 you could buy the car back for as little as $400, if you budget the repairs you spend $400 and you are up $3,200. Conversely you could buy back the car for the drivetrain and wait till you run across a rio with a bad engine and swap it out with yours, you can find clean rio's with bad engines for super cheap and you would be back to having a rio with a clean title.
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Old 08-14-2008, 07:54 AM   #5 (permalink)
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That all sounds good ASSUMING he can do it all himself.
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Old 08-14-2008, 12:37 PM   #6 (permalink)
buellxb9rfb
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if i had the time and a few good dependable buddies i could except for the fact that the trans is shot it bent the controll arm and took damage to the axel.. provided that the deadbeat that hit me responds to his ins company which 1 week later he has still yet to make contact.. so i may be doing the repairs to it no mater what . but say he dont and im going after his house in court of corse

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Old 08-14-2008, 08:00 PM   #7 (permalink)
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Hell go to the doctor and tell him your neck hurts while your at it.
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2004 Kia Rio - Garrett GT2560R - $1100
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20 pounds of boost - flick of switch
Blowing the doors off of almost everything it pulls up beside.
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Old 08-18-2008, 06:40 AM   #8 (permalink)
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Originally Posted by buellxb9rfb View Post
if i had the time and a few good dependable buddies i could except for the fact that the trans is shot it bent the controll arm and took damage to the axel.. provided that the deadbeat that hit me responds to his ins company which 1 week later he has still yet to make contact.. so i may be doing the repairs to it no mater what . but say he dont and im going after his house in court of corse

Actually if he is insured and his policy is in effect you have to sue his insurance company a suit against him personally would be summarily dismissed if he shows proof of insurance at the time of the accident to the court, likewise if you won by default judgment, or summary judgment it would likely be set aside at the debtors examination hearing when he shows proof of insurance at the time of accident. If he is at fault and his insurance company jerks you around go the State Insurance Board, and file a formal complaint. Your complaint should include Bad Faith, Malfeasance and Nonfeasance. YOU should take this opportunity to get estimates to submit to the tortfeasors insurance company.

As far as winning judgments don't buy into all the million dollar McDonalds Coffee Jury Demands. Most judges limit to actual damages, no punitive damages since the act cannot be demonstrated to have been committed with Malice. Then there is venue, if you file suit in superior court depending on your jurisdiction your car is not worth 10K - 15K that is the minimum amount to file to be in the proper court, Judges don't want these cases so their Judicial Assistants look for any legitimate reason to dismiss the cases. Even if you got to the statutory amount to be in superior court your claim would be under 65K so you would AUTOMATICALLY be assigned to compulsory arbitration in most venues, so a local attorney would hear your case, an attorney who is getting very little money from the court for dealing with YOUR problem.

Now assuming he is un-insured, you sue in small claims court, justice court etc. Do you have a good case, yes... if he was cited, admits responsibility, or if you have witnesses. Now assuming you win, you have a judgment he may appeal, during the appellate process nothing happens so you get jerked around some more, he will most likely lose his appeal now the case is remanded back to the judge that adjudicated the case. Now the judge will schedule a debtor’s examination hearing. Your best hope is wage garnishment because by now he may have placed his property in trust, sold or transferred it, yes it is fraudulent conversion, but no one cares, it is not a RICO case. Besides property liens are only good for five to seven years depending on venue. Not to mention that this process is slow, and you will likely be 18-24 months from a judicial verdict.

Look, it is this very reason that most states require mandatory insurance. I have judgments that are owed to me, people I sued and won verdicts against, occasionally I see some money, mostly it is a waste of a filing fee. Do the research, there is more money outstanding in judgments than the national deficit.
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Old 08-20-2008, 10:21 PM   #10 (permalink)
buellxb9rfb
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Quote:
Originally Posted by Wrench4Life View Post
Actually if he is insured and his policy is in effect you have to sue his insurance company a suit against him personally would be summarily dismissed if he shows proof of insurance at the time of the accident to the court, likewise if you won by default judgment, or summary judgment it would likely be set aside at the debtors examination hearing when he shows proof of insurance at the time of accident. If he is at fault and his insurance company jerks you around go the State Insurance Board, and file a formal complaint. Your complaint should include Bad Faith, Malfeasance and Nonfeasance. YOU should take this opportunity to get estimates to submit to the tortfeasors insurance company.

As far as winning judgments don't buy into all the million dollar McDonalds Coffee Jury Demands. Most judges limit to actual damages, no punitive damages since the act cannot be demonstrated to have been committed with Malice. Then there is venue, if you file suit in superior court depending on your jurisdiction your car is not worth 10K - 15K that is the minimum amount to file to be in the proper court, Judges don't want these cases so their Judicial Assistants look for any legitimate reason to dismiss the cases. Even if you got to the statutory amount to be in superior court your claim would be under 65K so you would AUTOMATICALLY be assigned to compulsory arbitration in most venues, so a local attorney would hear your case, an attorney who is getting very little money from the court for dealing with YOUR problem.

Now assuming he is un-insured, you sue in small claims court, justice court etc. Do you have a good case, yes... if he was cited, admits responsibility, or if you have witnesses. Now assuming you win, you have a judgment he may appeal, during the appellate process nothing happens so you get jerked around some more, he will most likely lose his appeal now the case is remanded back to the judge that adjudicated the case. Now the judge will schedule a debtor’s examination hearing. Your best hope is wage garnishment because by now he may have placed his property in trust, sold or transferred it, yes it is fraudulent conversion, but no one cares, it is not a RICO case. Besides property liens are only good for five to seven years depending on venue. Not to mention that this process is slow, and you will likely be 18-24 months from a judicial verdict.

Look, it is this very reason that most states require mandatory insurance. I have judgments that are owed to me, people I sued and won verdicts against, occasionally I see some money, mostly it is a waste of a filing fee. Do the research, there is more money outstanding in judgments than the national deficit.
fully aware of how the judical system works .. with that said .. tis okay he was un insured but in texas as long as the car you were driving was insured the person you hit is coverd. which is my case. luckly i wont be going to court because he finally called the insurnce company and and confessed he did cause the accedent. so they are paying me $3927 four my rio sad to see it go but tis okay we are going to buy and optima soon..
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