R.i.p. Woeler - Page 4

AJules · 05-28-2009, 10:05 PM

Quote:

Originally Posted by cliffordwoeller

so it seems. the latest is that my attorney says that since the driver of the car is not the owner of the tahoe, and is not on the insurace for that vehicle, they insurance and the owner are not responsible... which I think is total crap and my attorney is not that good. and I am sure there is a way to hold the owner of that vehicle responsible, unless he wants to claim the driver stole it or took it with out his knowledge.... but basically my attorney is telling me i am sheet out of luck and I am not going to get any money for my car or for my medical bills or the time I had to take off from work... I am in the process of trying to find an attorney that sees this as a bad picture

However, the driver is still responsible.

So I can just borrow someone else's car and run into people and not pay for it?

Your lawyer just isn't interested anymore because it's not a quick lump sum from an insurance company. You are still owed for the damages and suffering.

Get a better lawyer.

NickAlero2000 · 05-28-2009, 11:25 PM

Better lawyer is a must. You have been hurt, he is liable.

Redog · 05-28-2009, 11:50 PM

That's BS, you were rear ended, somebody should pay. It's not like you cut the guy out and jammed on the brakes!

My accident wasbrushed under the carpet. The one on the Garden State Parkway on Thanksgiving night 2006. Guy loses control of his car and slams me and I spin 2.5 times going 60 MPH. This was with the Alero, car wasn't totalled but NJ jack off drivers started blowing the horns when I stopped spinning because I was blocking the road

Anyway the law in NJ states that is if are in an accident, you cannot hold the other person liable for the accident unless major injury occurs. In other words, I would have to been killed or near death to sue. My neck is still effed up from that accident and will be for life, but it's not enough

The guy that hit me did say he was "sorry"

cliffordwoeller · 05-29-2009, 01:04 PM

yeah well after talking to three more attorneys, they say that in the "great state of texas" if a person gets in to an accident and the driver is not the owner and not covered on that insurance policy, that removes the owner and insurance from all liability. Now they do say I can take the owner and driver to small claims court, which the most I can get from small claims is $5000.00. Was also told most attorneys will not take this kinda of cases because small claims court can be a very time consuming and lengthy process and there is not much money to be made. Have found one that would represent me, but he said he would need some money up front first amout ? $1,000.00 ... so yeah basically i am screwed

AJules · 05-29-2009, 07:38 PM

Quote:

Originally Posted by cliffordwoeller

yeah well after talking to three more attorneys, they say that in the "great state of texas" if a person gets in to an accident and the driver is not the owner and not covered on that insurance policy, that removes the owner and insurance from all liability. Now they do say I can take the owner and driver to small claims court, which the most I can get from small claims is $5000.00. Was also told most attorneys will not take this kinda of cases because small claims court can be a very time consuming and lengthy process and there is not much money to be made. Have found one that would represent me, but he said he would need some money up front first amout ? $1,000.00 ... so yeah basically i am screwed

No, you aren't screwed, you got hit from the rear and in court that basically means you win, there is no question as to whose fault this accident is.

Here is what I would do, get all your paperwork together, medical bills, damage from the car, etc and submit everything to small claims court. Then go to the driver and say you've submitted everything and explain to him that you would be willing to drop all charges against if he's willing to settle outside of court for a reasonable amount.

If he agrees, that's a win for you. If not, take him to court. Even if you only get a few thousand dollars, it's better than nothing.

cliffordwoeller · 05-31-2009, 12:40 PM

yeah weel we leave for Puerto Rico in two 1/2 weeks. We are moving there. Thats problem #1. Problem #2, not to sound racist, but the guy had a mexico i.d. I don't know if the guy even had a drivers licence here, of if he was legal. He is a younger kid so I have came to the conclusion that to try and get money from him would be pointless cause all he has to do is not pay or go back to mexico or use another name/papers... Here we have so many illegals and they have fake documents every where here

AJules · 05-31-2009, 02:25 PM

Ah I see, sorry about your luck.

AlbinoMonkeyRat · 05-31-2009, 05:34 PM

Sucks that it happened, but seriously, you don't Stop at a yield sign. You slow down to let other traffic through. (and if there was so much traffic that you HAD to stop, then it's a problem in the texas Highway dept, not your fault) Though, if the Tahoe was in front of you (instead of behind you) it could have been much worse...he would have taken a header into traffic and no doubt you would get caught up in it.

In the end, I'm glad you're alright enough to be able to post about it here, and I hope all the legal BS works out for ya.