drunk driver totalled my fc...
08-18-12 | 08:16 PM
#1
Thread Starter
Joined: Mar 2009
Posts: 424
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From: West Covina, Ca.
drunk driver totalled my fc...
Had my 7 parked on my street and someone hit it and tried to run. Ended up catching him down the street. Long story short... in need if a clean int./ext. Fc shell.
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08-21-12 | 08:27 PM
#9
Wow. I moved to Hacienda Heights too this year. I would think there would be less drunk driving around here since City Industry police station is only up the street. Goodluck bro. Hope you find a donor FC or a cheap rolling chassis.
08-22-12 | 12:10 PM
#14
Thread Starter
Joined: Mar 2009
Posts: 424
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From: West Covina, Ca.
Yea I know. I had just parked it not even an hour before the crash. I went inside laid down and feel minutes later I hear tires and a loud crash. Automatically new it was my car.
08-28-12 | 10:09 PM
#17
Thread Starter
Joined: Mar 2009
Posts: 424
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From: West Covina, Ca.
So I come to find out today the the driver of the car didn't have insurance nor did the car. Insurance was cancelled back in June. So now it time to take his *** to small claims court.
Now here are my questions to people who have done this process before...
Who do I sue, the driver or the owner or both?
And what is the suing process. If anyone has any information or experience in this field any help is greatly appreciated...
Now here are my questions to people who have done this process before...
Who do I sue, the driver or the owner or both?
And what is the suing process. If anyone has any information or experience in this field any help is greatly appreciated...
08-28-12 | 10:47 PM
#18
Driving RX7's since 1979
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Joined: Aug 2001
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From: So Cal where the OC/LA/SB counties meet
Both.
$5,000 is the maximum per small claims
You file in the court the has juristiction where the loss occured.
Hammer:
The state gets real nasty toward uninsureds. So give them the chance to pay you to avoid this getting into the courts. Find out if the fact of no insurance in both cases got into an accident report.
Challenges:
Serving the defendant(s).
Collecting what award the court gives you.
$5,000 is the maximum per small claims
You file in the court the has juristiction where the loss occured.
Hammer:
The state gets real nasty toward uninsureds. So give them the chance to pay you to avoid this getting into the courts. Find out if the fact of no insurance in both cases got into an accident report.
Challenges:
Serving the defendant(s).
Collecting what award the court gives you.
08-30-12 | 10:40 PM
#23
Full Member
Joined: Jan 2010
Posts: 83
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From: West Coast!
I was just posting a thought, do you have insurance? Because your insurance should be assisting you. Uninsured Motorist is part of the insurance... you pay for that. That's what its for... by the way, how the heck did he smash so many sides! Looks like he smashed, went around and smashed again, again....
Last edited by Poker Player; 08-30-12 at 10:43 PM.
09-01-12 | 03:46 AM
#24
^^ That's only if he has uninsured motorist coverage. That is a another check box for a few more dollars a month on his coverage. If he only had liability, he only has liability.
Okay, since I've been through something like what streewize is going through back when I was a young adolescence. I'll throw out some pointers.
Find out where to file your small claims, go for the max.. why not? Sue whoever has a job or owns the car. You can't squeeze blood from a rock! The filing process is fairly simple. Ask the ladies at the desk what you need to do. (I filed a small claims case a year after high school) Make sure you get a process server to serve them, or the Sheriffs. When I did it, it was $35... many moons ago. Who know what the fee is now. You'll receive a letter from the court indicating what date your trial is. This is where you both appear before a judge and explain what happened. In your case, it's fairly simple. He hit my car, he has no insurance, so here I am in small claims.
What you need to have is your estimates (as I have explained in your other thread). Get some comparables to your vehicle. Take all the high ones (ebay, recycler(haha), craigslist, autotrader), then average it out. Tell the judge this is how I came to this $$ number as my claim against the defendant. Get some solid paperwork, estimates, bodyshops, etc.
Judge would like to hear from the defendant's side as well. haha "yeah i hit him..??"
A few days later, you will receive the outcome of your case through the mail. Win? Lose?
In case of win, the defendant has (I think) 30days to pay the judgement.
If not, proceed with garnishment of wages. THAT you will have to learn on your own, because in my case the bitch sent me a check in full for my judgement. I was surprised, and was ready to learn how to garnish someone's wages. I was already halfway there, so I might as well teach her a lesson. DON'T DRIVE WITHOUT INSURANCE!
If you don't want to spend $ to have the Sheriffs serve them, you can have a non relative go with you, have them serve your defendant. As long as they ask " Are you blah blah blah? They say YES. "YOU HAVE BEEN SERVED!" at that point, they can throw the papers in the trash, it doesn't matter. All they (your friend who is serving the paperwork) need to do is show up in court with you, and tell the judge that they helped you serve the defendant.
( I was a young pup back then, and when my buddy served my defendant the papers, she dropped it on the floor, wouldn't take it, and went inside her home. So I said EFF it, the Sheriff's coming back this week bitch!)
So there you have it, I actually won in small claims. So hopefully that gives you a heads up on what the process is like, it might have changed in the last 15 years though..
GOOD LUCK!
Okay, since I've been through something like what streewize is going through back when I was a young adolescence. I'll throw out some pointers.
Find out where to file your small claims, go for the max.. why not? Sue whoever has a job or owns the car. You can't squeeze blood from a rock! The filing process is fairly simple. Ask the ladies at the desk what you need to do. (I filed a small claims case a year after high school) Make sure you get a process server to serve them, or the Sheriffs. When I did it, it was $35... many moons ago. Who know what the fee is now. You'll receive a letter from the court indicating what date your trial is. This is where you both appear before a judge and explain what happened. In your case, it's fairly simple. He hit my car, he has no insurance, so here I am in small claims.
What you need to have is your estimates (as I have explained in your other thread). Get some comparables to your vehicle. Take all the high ones (ebay, recycler(haha), craigslist, autotrader), then average it out. Tell the judge this is how I came to this $$ number as my claim against the defendant. Get some solid paperwork, estimates, bodyshops, etc.
Judge would like to hear from the defendant's side as well. haha "yeah i hit him..??"
A few days later, you will receive the outcome of your case through the mail. Win? Lose?
In case of win, the defendant has (I think) 30days to pay the judgement.
If not, proceed with garnishment of wages. THAT you will have to learn on your own, because in my case the bitch sent me a check in full for my judgement. I was surprised, and was ready to learn how to garnish someone's wages. I was already halfway there, so I might as well teach her a lesson. DON'T DRIVE WITHOUT INSURANCE!
If you don't want to spend $ to have the Sheriffs serve them, you can have a non relative go with you, have them serve your defendant. As long as they ask " Are you blah blah blah? They say YES. "YOU HAVE BEEN SERVED!" at that point, they can throw the papers in the trash, it doesn't matter. All they (your friend who is serving the paperwork) need to do is show up in court with you, and tell the judge that they helped you serve the defendant.
( I was a young pup back then, and when my buddy served my defendant the papers, she dropped it on the floor, wouldn't take it, and went inside her home. So I said EFF it, the Sheriff's coming back this week bitch!)
So there you have it, I actually won in small claims. So hopefully that gives you a heads up on what the process is like, it might have changed in the last 15 years though..
GOOD LUCK!
09-02-12 | 12:08 AM
#25