Scott at Team Harco

This happened a few months ago. I'll keep it short and sweet.

This 16 year old girl was driving her boy friend's Durango. I merged into the left lane with tons of space to spare. As I look in the rear view mirror I see this giant blue blob barrelling down on me. I am doing the speed limit (45 mph) she is doing well over 60. I figure she will just slow down and stay behind me. No! She drives over the double yellow line to pass me and then realizes it's a turn lane that is going away. She misjudges where the nose of my car is in relation to the truck she is driving. The right rear tire makes contact with my left front fender as she pulls abruptly back into the lane.

I want sue the little b!#ch in court. Here is the question. Since she is 16 do I go after her parents? OR Since she was driving someone else's vehicle do I go after that person and his insurance company? He too is likely to be a minor and I don't have any information on him. I do have the address for the girl so I can have her parents subpeonaed.

Any thoughts? It's been nearly three months and I'm still mad as hell!

jabbadeznuts

Go after her. SHE was driving. However, it may end up that if you win, your money would come from the boyfriend and not the girl.

hoffman912

just exactly how long was a few mos ago? why didnt you go after her sooner?

Scott at Team Harco

First off - I'm the one asking the questions on this topic

Secondly - the cop gave me the ticket! I had to fight that first. Now I'm going after the ones who were at fault. It has taken some time to get all the information.

So now do you have an answer to my initial question?

IceShark

Well, you are behind the 8-ball since you got the ticket, which is not good for your case.

While parents are responsible for some actions of their minor children, I'm not sure how that will work in your situation. My guess would be you sue her and the vehicle owner's insurance is the party of last resort, outside of the parents. Why on earth are you not talking to an attorney that knows your State's laws?

Carrera51

How did you get a ticket???? You said she attempted to pass you in a turning lane. When she ran out of room and moved back over she initiated contact with you. When it happened, did she admit fault?

If she is on her parent's auto insurance, they are liable. She's a minor, and therefore their responsibility.

If you have her insurance info, file a claim with her insurance company.

Ken D

Good question Dan.

Scott, I would only go after her if the vehicle owner's insurance won't cover the damages to your car.

triscadek

In some states if you contact another vehicle from a certain point forward it's their fault, a certain point back in most cases it appears to be your fault.

This cop was a dumbass.

Liability goes with the driver, I'd go after her parents. Like the kid has any money.

kevin Dubois

actually, the fault lies nowhere according to michigan. your no fault insurance means that her insurance pays for her car and your insurance pays for your car. did you get what you wanted from your insurance? i means as long as your car gets fixed it should be no big deal. for some reason i think there may be another side to the story if you were the one who got the ticket (which is always the case).

last, i don't think you should be suing anyone. the only people responsible for your car should be you and your insurance company. if your insurance company is not giving you what you want, then take it up with them, afterall it is their responsibility and job to make sure your car gets fixed. there is no need to torment a 16 year old girl because she made a mistake (and i really would like to hear her story before i come to anymore conclusions, because again, the cop gave you the ticket, so i don't totally believe your story).

sorry if i'm the devils advocate here, but i can't stand people who sue. fortuantely it hasn't happened to me yet, but everything is so &^$%ing expensive because of sue happy people.

awilson40

I totally agree....were you hurt? Was your car fixed? Then why sue.
We live in a time where everyone sues everyone and only the Lawyers get rich. Dont be a lamer and add to the problem.
We were / are in a situation with a medical malpractice claim where my son is left with a diabled right foot. He will have to wear a brace for the rest of his life. Lawyers were all over us to sue, the hospital was very open about what happened and we settled without suing anyone. Our son could have sued for millions(lawyers taking 50%) and the laywers still want to sue the Drs also but it wasnt their fault so why should we.
Be a man and be part of the solution...not the problem just for a few $$$

Scott at Team Harco

Actually, there in lies the problem. I have minumum coverage to make the car legal for the road. (PLPD) There is no collision coverage. The damage has been estimated anywhere from $1000 to $3000 (depending on whether a new fender and nose go on). I bought the car for $1000. Does it make sense for me to pay for full coverage? I didn't think so.

Yes - you don't know the story. Neither did the cop, who had the "word" of the three kids in the truck against my word. He issued a ticket for "impeding traffic" (no points - just a fine). I fought the ticket and won. Now I want compensation for the damage to my car that came as a result through no fault of mine! I'm with you - I can't stand the suit-happy environment we live in. If there were another way to get this fixed - I'd jump at it in a minute.

If it were as simple as going after her parents I would not be asking about this at all. Some of you seem to have missed the point that it was not her vehicle. She was driving her boy friend's vehicle - of which I have no information on HIS insurance carrier. The question still remains - do I need to go after HIS insurance company or should I be going after HER parents?

zehnd

List everybody who may be involved, then remove the ones as you go. I know here you can remove people once you've started your suit but can't add them.

Disclaimer: I'm not a lawyer, though I like to be one on tv.

awilson40

Thats why No Fault sucks...In that case you probably need to see a lawyer
and see what your options are. And I would think you would contact the car owners insurance Co. Here, its the car thats insured...not the driver per se. My son is in another situation where a dumptruck made a left in front of him and my son hit him at about 45 mph. No witnesses and the truck driver(72 y/o) said he had an arrow and my son said he had the green. Both got tickets and the truck co insurance co said 'too bad...no witnesses...no pay' My son totaled his $10k eclipse(liability only the little fool) and broke his other leg so a suit is his only option.
A few years ago a moron in his aunts car pulled out, crosses his lane into mine and we hit. No one ticketed and the car owners insurance deemed it 'no one was 100% at fault' so I was SOL. It was my 924 and I only had liability so I was screwed.

kevin Dubois

i must ask you now: you live in michigan where you know that there is no fault insurance. you must know that in ANY case where you car gets damaged, YOUR insurance covers it. if you chose to not cover your own car it is your own fault when it gets damaged. if you had paid for the insurance (full coverage) you would be getting your money and wouldn't have to go through with this stuff. also, you said you piad 1000 dollars for the car? how in the world to you get 3000 dollars in damage on a 1000 dollar car? i have a '84 GTI that i got for free. i have sense put about 1500 do make it run well ,and look good. i have PLPD on it, and i understand that if someone rearends me or something, i'm not getting jack out of it. and for that same reason, i put decided to put full coverage on the 951 after spending a good 5000 putting the new engine in it. i want that baby covered no matter what happens. the VW i would be pissed if someone hit me (rightly so, and your anger is justified as well), but i know nothing is coming out of it, so i will just have to cut my losses and move on.

in my opinion as of right now, you were gambling by only having PLPD, and you lost the bet. it is your own fault for not insuring your car properly (and if the car was worth a bunch more then 1000 dollars, you should have had full coverage on it).

now tell us your driving history: have you been in any other collisions, speeding tickets, road rage, ext?

why was it to much money to insure a 1000 dollar car? are you young?

fill us in on the rest of the story...

kevin Dubois

p.s. if you can convince me that you deserve compensation from her, i think you will have a good chance in court if you do take it there.

(as of right now, not convinced.)