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Who's responsible? (attention legal experts)
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Who's responsible? (attention legal experts) |
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serenity blaze Member Empyrean
since 2000-02-02
Posts 27738
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Here's the scenario: A three car accident, whereupon a driver, apparently distracted by a cell phone, rear ends a truck, forcing it to rear end an automobile. The driver of the vehicle that caused the accident, stops, asks if everybody is okay, and assures all that he will pull off to the side. (This is verified by the accident report.) You got it. He hit. He ran. The license number was taken, and confirmed by a concerned motorist who actually followed the offender for a time through rush hour traffic. The license plate was traced to an automobile dealership out of town. Is the dealership responsible? (I get a hot tub and the car if I can retreive the money.)  (er...supposedly.  )Damage cost was approximately $3500, and if it is a cut and dried sort of case, I'd like to take it to small claims court and leave some poor attorney hot-tubless. Yanno? Nod. I'll bet you do. (And tsk to me for foregoing legal education in my business college education--I just figgered me and attorneys were a bad mix. Still do, in fact.  ) |
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Sunshine
Administrator
Member Empyrean
since 1999-06-25
Posts 63354Listening to every heart |
check your mail |
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Alicat Member Elite
since 1999-05-23
Posts 4094Coastal Texas |
Yep. Since the driver of that vehicle was not on a testdrive (being only one person in the vehicle), the vehicle was being driven by a staffmember of the dealership. Dealership is responsible, as well as the offender. Well, at least in Arizona it's that way. Not sure about where you are. |
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serenity blaze Member Empyrean
since 2000-02-02
Posts 27738 |
I guess tomorrow I'll have to do some P.I. work too. I'm curious as to whether liability laws would change if the car were reported stolen.  But hey? smile...I NEED that hot tub, and I've got all this rage anyhow, and lo and behold, some poor sucker just gave me an outlet. Lawd knows I love a distraction.  thanks bro. thanks sis.  |
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Local Rebel Member Ascendant
since 1999-12-21
Posts 5767Southern Abstentia |
Welllll... In most states the driver of the TRUCK is responsible for whatever he hits -- so technically -- if you're in the truck you're most likely on the hook for any damage to the third automobile, if you're the third automobile you can go after the truck driver/owner AND the dealership/driver. If you are the driver of the truck you'll have to go after the dealership for your damages and the damages you owe to the other vehicle's owner. Sounds like fun huh? Be prepared to stress over it for the next couple of years. Glad that YOU're ok! |
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Mysteria 
since 2001-03-07
Posts 18328British Columbia, Canada |
In Canada, which won't help you at all, the last car starts that chain of responsibility, believe it or not. So if there is a five-car pileup on the freeway, the last car is the responsible one here. In a three-car pileup, the last car is responsible for hitting the middle car, and the middle car is responsible for hitting the front car, see? Now if the last car was driven by an employee of a dealership, both parties share responsiblity for damages. As a rule the driver is always responsible, as our insurance is for the driver, not the car, but in this case it would exceed the amount awarded, so that is their cue (I.C.B.C.) to go after the dealership for part of the damages. Hey, hot tubs are kewl, but watch those mosquitoes sitting in them! A car is good, then you will get your driver's licence yes? ~* C'est la vie *~ |
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Christopher
Moderator
Member Rara Avis
since 1999-08-02
Posts 8296Purgatorial Incarceration |
Ditto Reb's response here in Cali. egowhores.com - really love yourself. |
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passing shadows Member Empyrean
since 1999-08-26
Posts 45577displaced |
I was in the same type of accident. Here in Florida, it was the guy that rear-ended me that was responsible for my vehicle and the one I was forced into. I was not responsible for any damage. The driver of the car that hit me had borrowed the car from a store clerk. My lawyer told me that I could sue the driver as well as the owner of the car. The owner didn't have enough insurance to cover the cost of the damages to all 3 cars, so my loss was covered by my own insurance but doesn't count against me. In order to get my deductible from the owner's insurance company though, I had to sign off on any further property damage claims. The hospital bills, though, are still pending. The driver went to jail for DUI, leaving the scene, driving on a suspended license... the case is still open, but I think I need a new lawyer. |
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serenity blaze Member Empyrean
since 2000-02-02
Posts 27738 |
Well here in La. the law seems to be similar to Fla. And Dixie, fortunately no one was injured in my case, but I do hope things work out well for you. And yep, Ali, all were wearing seat belts. As for an attorney...hmmm. There's one who owes me a favor, so I'll be seeing him for advice on how to best present my case in small claims. Or technically, how best for my hubby to do that. (It's quite an act folks, y'can't even see my lips move when he speaks. grin) Ya'll wish me luck, k? I think the hot tub will be nice outside a pair of French doors on the living area side of the house. And a deck. And a privacy fence. And...grin?  I exit dreaming...and sigh. I'm not generally litigious, but that was my hottub money!!! |
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Sunshine
Administrator
Member Empyrean
since 1999-06-25
Posts 63354Listening to every heart |
Of course you get good luck wishes... for the hot tub too. Bet the neighbors are going to complain about the privacy fence, though.  |
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Paul Wilson
since 2002-07-07
Posts 4711United States |
Serenity... Call Morris Bart he surly will know the answer. LOL. Maybe it's time too find one of those accident doctors, you know the type I mean...Paul ~~To share my poems with you is to share my heart with you~~ |
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