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I don't understand this law

C

cbrunny

Diamond Member
http://dfw.cbslocal.com/2015/12/16/...e-survives/#.VnLPob4etzQ.google_plusone_share

From the article, emphasis mine.

Ben Rose said he was playing Fallout 4 last Sunday when the driver of a Hyundai Sonata plowed through the wall of his home.
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The car came completely through the wall and hit him. The impact fractured his vertebra and sliced his Achilles tendon.
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Irving police believe the driver accidentally hit the accelerator instead of the brakes when she was attempting to pull out of a parking space at the apartment complex.
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The driver did not have insurance. She was cited and Rose is now left to pay for the bills.
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Irving police said no charges will be filed against the driver of the vehicle that struck Rose.
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How is this a thing? No insurance, no charges. Guy gets his apartment wrecked and himself injured, AND has to pay for everything despite having done nothing? Driver walks away?

I don't understand.
 
cbrunny said:
http://dfw.cbslocal.com/2015/12/16/...e-survives/#.VnLPob4etzQ.google_plusone_share

From the article, emphasis mine.


How is this a thing? No insurance, no charges. Guy gets his apartment wrecked and himself injured, AND has to pay for everything despite having done nothing? Driver walks away?

I don't understand.
Click to expand...

Yeah it's fucked up. This does not absolve her from a civil suit, however. ....I don't think there are limits to what she can be charged for in a civil suit? I guess the problem here is that he can only win what she can afford after all assets tabulated. With insurance, the vast pockets of evil insurance company #3 would be his to plunder.

But hey--it's good to see that at least he got patched up and is back to wandering The Wasteland. 😀
 
well she has no insurance, so a civil suit won't do anything except make her broke. Right? Plus now buddy has to shell out for a lawyer to sue her, and because she has no insurance it's doubtful she has the funds to cover the costs of his lawyer when he inevitably wins.
 
zinfamous said:
Yeah it's fucked up. This does not absolve her from a civil suit, however. ....I don't think there are limits to what she can be charged for in a civil suit? I guess the problem here is that he can only win what she can afford after all assets tabulated. With insurance, the vast pockets of evil insurance company #3 would be his to plunder.
Click to expand...

Of course, if she can't afford insurance...you can't get blood from a stone. Better to get the judgement though in case she wins the lottery in the future.

I wonder if the insurance requirement only applies to the public streets and not a private apartment complex's parking lot?
 
well, maybe he should post the photos of the damage and his injuries and start a go-fund me?

:hmm:

Pretty deplorable that this might be the only avenue for "justice" in a society where you are "breaking the law" for not being insured; yet only such "outlaws" are able to escape the general avenues of justice applied to everyone else.

....maybe she was driving a prius and she blames the car? ....could the dude then sue Toyota? 😀
 
Depending on the state, she can be cited for driving without insurance. Sadly, under this circumstance, his most likely recourse will be to sue her. I would also imagine that the apartment owner, and / or his insurance company, will try to sue her for damages. But what really sucks is that if she didn't have insurance, she may very well not have enough money to make it worth a court battle. 🙁

It should be universal that you have to provide proof of insurance to drive (and update proof if you change providers) and that your insurance should report cancellation of policy the the state DMV.
 
zinfamous said:
well, maybe he should post the photos of the damage and his injuries and start a go-fund me?

:hmm:

Pretty deplorable that this might be the only avenue for "justice" in a society where you are "breaking the law" for not being insured; yet only such "outlaws" are able to escape the general avenues of justice applied to everyone else.

....maybe she was driving a prius and she blames the car? ....could the dude then sue Toyota? 😀
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AFAIK, the general rule of thumb these days is just SUE EVERYONE!!!! 🙄

I should have been a lawyer.
 
FerrelGeek said:
It should be universal that you have to provide proof of insurance to drive (and update proof if you change providers) and that your insurance should report cancellation of policy the the state DMV.
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This happens in Ontario. Can't renew your license or plate sticker unless you have proof of insurance. Driving without insurance is punishable by law.
 
zinfamous said:
well, maybe he should post the photos of the damage and his injuries and start a go-fund me?
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I think there is a go fund me... lemme see if I can find it....

https://www.gofundme.com/helpforbenzo

Help Benzo out!

from the go fund me page:

Between the hours of 2pm and 3pm on Sunday, December 6th, our good friend Ben Rose was spending his day as Bethesda intended -- sitting quietly playing Fallout 4. His game was rudely interrupted by a Hyundai Sonata breaching his apartment wall and striking him in his computer chair. The car (which, at this point, appears to have been uninsured) had backed into a fence, then floored it through another apartment and into his, as you can see in the photos below.
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pics in link.
 
I don't know if this is accurate but...
http://carinsurance.about.com/od/Ca...iving-Without-Car-Insurance-In-California.htm

In California, your license will be suspended, possibly for up to four years. Bear in mind that this can happen whether or not you are at fault for the accident. You may be able to get your license reinstated after one year if you obtain valid insurance, provide proof of it to the DMV and pay a reissuance fee. You will also be required to obtain an SR-22 Proof of Financial Responsibility certificate and carry an additional high-cost SR-22 insurance policy on top of your regular one.

Again, your vehicle may be impounded and towed from the scene. If that happens, you will be required to pay towing and storage fees before your vehicle is returned to you. The bottom line: the costs for getting into an accident without insurance in California are significant and will add up quickly.
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So if law enforcement doesn't follow through on this (license suspension) sue them. Argue that by them not following the law, it creates an environment where people don't fear the ramifications of driving without insurance which causes more problems.

If they do suspend her license I would get a good video camera and start following her. I guarantee you she will start driving again. Turn the videos into the cops and her employer.

In short, I would make this persons life a living hell.

-KeithP
 
the cops didn't impound the car? i think grand prairie was automatically impounding cars without insurance a year or so ago
 
She was cited, probably for no insurance, but since the police deemed it as accidental it now becomes a civil matter. If he was killed then I would think she would be charged with unintentional vehicular homicide for being negligent.
 
He should look into the dwelling insurance of the landlord or his renters insurance. It may cover things like this.
 
At first I felt bad, then I saw his hipster pic.

Seriously tho, that is so messed up. I would hunt that bitch down.
 
cbrunny said:
This happens in Ontario. Can't renew your license or plate sticker unless you have proof of insurance. Driving without insurance is punishable by law.
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many states are like that. but then you can just cancel your car insurance once you get the license.
 
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KeithP said:
I don't know if this is accurate but...
http://carinsurance.about.com/od/Ca...iving-Without-Car-Insurance-In-California.htm



So if law enforcement doesn't follow through on this (license suspension) sue them. Argue that by them not following the law, it creates an environment where people don't fear the ramifications of driving without insurance which causes more problems.

If they do suspend her license I would get a good video camera and start following her. I guarantee you she will start driving again. Turn the videos into the cops and her employer.

In short, I would make this persons life a living hell.

-KeithP
Click to expand...

i think it happened in texas, if so california law wouldn't apply.

assuming this is in texas, our large exemption laws mean she is probably judgement proof. around here unless you own a business or you have a lot of stock outside of retirement accounts you can keep most of your property if you lose a lawsuit.
 
Isn't it illegal here in Texas to drive without insurance though? Either way, she deserves a civil suit just for doing something so dumb.
 
shrug. she may be "poor" but he should still sue her. keep it over her head in case she does come into money.


oh and fuck her. driving without insurance? ugh
 
Rakehellion said:
It does say she was cited. Where did you get the idea there were no charges?
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Cited for lack of liability insurance, but not charged with anything related to driving through two apartments.

She almost certainly has assets, though. I'd be talking to lawyers.
 
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