If the woman drivng the car would have stayed at the scene of the accident, she would have been arrested and lost her children. I did not think I was seriously injured, so we both left the scene before the police arrived. Before we left, we made the agreement that if I DID need medical treatment, she would take responsibility. It turned out that I sustained a back injury that I need medical attention for. I contacted the woman about this, and now she refuses to take hold up to her promise.since I have physical proof of the accident (her car was damaged and my bicycle still has paint from her car on it, plus I have a witness to the incident), will I be able to legally get her to take responsibility for this (pay for the hospital visit, medications, and surgery if it is needed)?
2007-11-06 02:53:02 · 8 answers · asked by Lazerus JPA 3 in Politics & Government ➔ Law & Ethics
I am located in Port Huron, MI. The woman DOES have some assetts, such as she is buying her house, owns her car, owns a motorcycle, and also owns a trailer. If I CAN file suit against her, she does have property that can be seized.
2007-11-06 03:09:33 · update #1
I do not have any form of insurance, I am unemployed (I was returning home from the Army recruiters office whe I was hit), and now it is hard for me to get around to even LOOK for work.
2007-11-06 03:18:39 · update #2
First off...sorry to hear you were injured...that really sucks!
This is a complicated matter...and any answers you receive here (even from knowledgeable people) may not be accurate because insurance is controlled on an individual state by state basis...so the laws or statutes that govern accidents like yours vary widely from place to place.
Michigan is also somewhat unique because it's one of only a handful of states that has what's called "no-fault" auto insurance...which is much different than what the majority of Americans carry.
As other posters have pointed out...if you haven't already filed an accident report, you should do so directly. Rather than call the police...go to a police station...take your bike, all the paperwork from your doctor and your witness. And, before you go, write down the details you remember and any other information that you feel is pertinent...so nothing important is inadvertently omitted.
You can file a small claims court case...that's probably your best bet if your bills aren't that much. Small claims court cases can typically only offer you a limited settlement (I believe $3000 is the Michigan limit)...it doesn't matter if your bills exceed that amount, that is the maximum you can collect.
And, if you go to small claims court, keep in mind...even if you feel she's at fault...your witness feels she's at fault...EVEN IF SHE ADMITTED TO BEING AT FAULT when it happened...you, your witness and even she don't actually determine who's at fault! If you go to court, the judge will determine who is legally at fault. Be prepared, assume nothing...and make sure you research the traffic codes and laws in your area...one assumption or misstatement to the judge could cost you the entire case. Be smart...know what the laws are...not just what you 'feel' happened during the accident!!
I would weigh the cost of hiring an attorney vs. what your medical bills and lost wages amount to (lost wages will be tough/impossible for you to prove...because you were unemployed @ the time of the accident). A good attorney can get you a much larger award (or settlement) than you're likely to get doing it yourself...but they will get between 33 and 40% of any judgment they collect for you!!
As for her assets...and collecting on a judgment against her. Even if you hire an attorney, and win the case...unless your injuries are extremely severe and she is determined to have acted w/ depraved indifference...and/or if you can prove she hit you intentionally...the court is unlikely to force the sale of her home...motorcycle or trailer. More than likely they will allow her a monthly payment option, so your medical bills can be paid off over time. And, typically this is acceptable to doctors and/or hospitals...they just want their money...even if it's in small monthly payments.
I would start by sending her emails and/or registered letters that recount the events of the accident...and try to get her to accept responsibility or admit guilt (something along the lines of...."even if you can't pay for all the bills right now, can you at least pay something now and the rest later?" or..."would it help if we set up a small monthly payment plan instead of paying it all at once?" ....once she accepts or commits, you've got her!! This will make a court case (at any level) easier to prove...and give you more leverage to force her to pay without actually having to go to court.
Feel better and good luck!!
*Edit*
One last thing...you say that "she is buying her house"...assuming you mean she's paying a morgtage (not "planning" or "preparing" to buy it)...than she will most likely have insurance on her home. Typically a home owners policy has some form of "personal liability" coverage. Now, it may NOT cover her liability while operating a motor vehicle...but then again it may (remember insurance coverages and rules vary form state to state). It's worth looking into...and researching who owns her home is relatively easy provided you have her address.
2007-11-06 04:25:51 · answer #1 · answered by widewillie 4 · 1⤊ 0⤋
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2016-09-25 02:18:51 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Either way there isn't much that can be done. You can file a civil suit against her for your medical bills as well as your property damage, time missed from work, depreciation on your bike and loss of use of your bike. But even if you win the civil suit, if she has little to no assets it will be some time if at all that you see that money.
Contact your insurance company and see what your options are based on the coverage from your own carrier.
The house can not be seized if it is her homestead, also property such as transportation can not be seized. The types of assests your lookign for is property which is not her homestead, stocks, bonds, etc.
2007-11-06 03:13:44 · answer #3 · answered by labken1817 6 · 1⤊ 0⤋
The first answer is wrong. If you are in the US, there is a statute of limitations on filing suit on bodily injury claims. In my state, PA, it is two years. You can take legal action any time you wish, before the time limit runs out.
If you are insured on any auto insurance policy, you should make a claim under your own policy to cover medical expenses.
If the woman won't cooperate, hire an attorney and file suit.
2007-11-06 03:04:27 · answer #4 · answered by regerugged 7 · 1⤊ 0⤋
Your mistake was leaving the scene prior to filing a police report. It is not surprising that a person without insurance is not going to honor a verbal promise. You will probably have to hire a lawyer and file suit, but even if you prevail, she may not have many assets available to pay a judgement in your favor.
2007-11-06 03:00:02 · answer #5 · answered by Anonymous · 3⤊ 0⤋
I saw a case exactly like this on an episode of Judge Judy once. You can try to take her to court or use other legal uses but when you agreed to let her go you pretty much screwed yourself over.
2007-11-06 02:59:12 · answer #6 · answered by Q 3 · 2⤊ 1⤋
Do not delay.fill out a report and get a lawyer.
2007-11-06 03:01:54 · answer #7 · answered by strandlock 2 · 1⤊ 0⤋
I seriously doubt she has any money to begin with.
2007-11-06 03:01:44 · answer #8 · answered by Anonymous · 1⤊ 0⤋