Chris_924s

Scott. you are screwed. Your insurance will cover YOU in a no-fault condition.
You received the ticket- which legally indicates fault (right or wrong, whether thrown out in court or not.)

I DONT live in a no-fault state AND car insurance is required by law.
But I still pay a premium for a non-insured driver.. only the lawyers and insurer's win all the time.

Good Luck.

Scott at Team Harco

Yes - I am aware it is a gamble. The $1000 dollar car in question is my 85.5 944. I have spent 4 times that in parts to bring it back to respectable transportation. I do all my own work including body work. The way I look at it - I can save in the long run by paying less on insurance and doing the work myself. (see above - gamble).

However, when my car is damaged due to a careless driver - who probably should not even be on the road - I am going to get pissed! I'm still pissed!

My driving record and age are not on trial here. I'll let you know anyway -my record is good and I'm old enough to know better (45). I do a lot of driving at my company's test track in Arizona and must pass proficiency exams on a continuous basis. The fact that I drive in competition and instruct others on driving technique is not relevant (but is not a negative factor). It's interesting that some of you want to hang me out to dry! I'm asking for a little help and I get this. I'll stick to technical questions from now on

And Kevin - pardon me if I'm not too concerned with convincing you. I know what happend. The girl that hit me, knows what happened. All I need to do is make sure the court understands what happened.

awilson40

Sometimes, the best thing is to just let it go. Sounds to me like you were Not the one at fault and the cop should have at least ticketed her for an unsafe movement. Trust me... letting it still tick you off doesnt do you any good. I'm your age and as an old school Marine, I like to fight AND win my battles but it sure is easier on the gut to let the little ones go and save up for the big fights. With all my son and our family has been through the last 2 years I no longer sweat the little crap. But if you feel you must, you could file a claim against her and her parents in small claims and let the judge decide. If it were me...I would have let it go. Good Luck with what ever you decide.

MichelleJD

Can you feel the love in the room....

Bill Elwell

Scott,

I'm not a lawyer. I have been on both sides of court battles that my employer engaged in. I've been on the witness stand a few times and deposed more than I care to count.

Let me make a few comments:

1 - You asked a legal question to a forum about cars. I would have been surprised if you got a straight answer.

2 - Who to sue? I would expect to see the suit list the insurance company, the parents, the girl, the owner of the vehicle and anyone else even remotely related to this event. You get to go through the process of "discovery" with everyone listed in the suit before trial. This lets you collect the information you need to figure out who has the deep pockets and the highest risk of loosing the suit.

3 - Regardless of what you think, your driving record, the car you drive, and the fact that you seem to be involved in performance driving for a living MOST DEFINITELY will be on trial. On the stand you would be raked over the coals about this stuff and much more. Trust me on this, I've been riped into on the stand about the way I worded a sentence in a memo.

4 - Don't confuse reality with what can be proved in court. In the courtroom, the only reality is that which can be proven the day you go to trial. Yours is only half the story and in your case there is only you to deliver your side.

Now for my own personal comments. I would cut my losses, walk away, and forget this ever happened. Even if I could win the court battle, getting money from someone isn't going to make me any less angry about the irresponsibility of the kids involved and I guarantee you that it won't teach anyone a lesson.

I'll quit while I'm ahead,

Bill

JimV8

Scott i don't think you could sue a sixteen year old. Basic fact go after the pockets, the parent, insurance co,s the county etc. But based on what you described just leave it. its a no win.

jp944

As a side note, have you asked her parents if they'd like to settle out of court for a percentage of your 'Out of Pocket?' She was the driver, they pay to insure her. You might consider being straight with them that you may have to go to civil court to get enough of your money back to fix the car. They may be willing to work out something with you just to make it go away rather than further involving their insurer. Just an idea.

jp

GTZ

Scott, I have to say something here.
Please don't take this as a personal attack. I am also 45 years old, and I have to say that if you haven't figured out this stuff yet (insurance, legal affairs, etc) then you probably would be better off consulting an attorney. Median age here is probably 25 years, and if you haven't figured it out yet with 20 + years of life experiance under your belt over many of the posters, you probably aren't going to get the answer you are looking for here my friend.

theedge

Damn, every story I hear about that involves this no-fault garbage is a horror story.

I thought ICBC is a PITA, oi.

kevin Dubois

i agree with jp944. i think if your insisting to get the most amount of money out of this, you should try settling out out court to avoid lawyer fees. maybe you'll get lucky and they know it is there fault, and they will pay out a little bit.

Jgordon

I dunno. Regardless of how fast she was going, there is a law that says people moving on a road have right-of-way over people turning or merging onto the road.

Regardless of who was actually at fault, it would be pretty simple for her lawyer to lead her into a "so you were driving along, and this guy in a porsche pulls out in front of you, almost forcing you off the road?" then she says yes, and people congratulate her for having the presence of mind to use the turning lane to avoid killing her friends, and for almost missing you. And as in any situation, you're the dick in the porsche. It's a fact, and people love sticking it to other people with nice cars/houses/jobs/women. I have to say that your case sounds pretty weak in that regard.

Likewise, suing your insurance company probably won't get too far either. Their only question will be "if you wanted more insurance, why didn't you pay for more insurance?"

I'd talk to her parents, try to settle. Any lawyer you go to will be at least a hundred an hour, giving this whole situation a very small chance of profitability or breaking even.

No offense, not trying to **** in your cornflakes.

marky522

Actually, you can and should sue if the story i read is the correct story, in MI PLPD gives you $500 if you get inan accident and it isnt your fault, like Scott has proven it wasnt his fault so he is entitled to his Mini-Tort, he needs to prove the damages were that much, which of course they easily exceeded that amount it falls into YOUR (scott) lap to get the rest, (this is from my ins. agent) i had a 89 prelude, i got rear-ended caused $1500 in damage i got $500 from my mini-tort and was told to sue for the rest, you, like your inital ??? asks need to determine who to go after, i would assume the insurance of the vehicle, not positive on that one though. Hope i helped scott, i just hate to see everyone jump all over you cause some 16 year old hit you and doesnt want to admit she was wrong,

Mark

hoffman912

sorry scott, i wasnt trying to be a dick or anything, just trying to acess the situation.

billybones

Marky522 is right, I have a coworker that just got side swiped in is minivan. and the girl got the ticket. and he still only got the mini tort.. actually 5 weeks later he is still waiting to recieve it. The rest is up to him to go to small claims.. If you do not have full coverage and the car still drives.. You are SOL in No fault land.. sorry.. Hope that helps..

Fixn2xlr8

There needs to a law against that sort of thing. 3 tons of steel and not a clue as to how to drive.