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Ducati Diva
05-04-2009, 03:58 PM
:rant:
Long story short. Went to AMA at Road Atlanta, camped for the weekend at the track. Saturday night some drunk dumb ass decides that it's fun to be an idiot and drive through all the campers very recklessly spinning tires, going way faster than is safe, and making rooster tails (throwing gravel with his tires, for the non rednecks:lol:) etc.. He was bad enough that a bunch of us got him stopped and blocked in before the cops could get there. In the process of all this he showered my Jeep with rocks, busting the windshield and putting gravel size dents all over my hood and grill. Cops show up arrest him with a fight of course. Anyhow he is charged with destruction of property for the Jeep along with four other things. Got estimate on Jeep almost 2 grand to fix it :panic:

Get a call finally from the DA today. Was informed that they will make him pay restitution to me (who knows when it goes to trail). The kick in the ass is he will only have to pay me in small monthly installment. WTF!!!!! Why can't he just pay me my money so I can fix my vehicle. It totally pisses me off that I have to come up with all the money at one time for something that was someone else's stupidity but this fucker gets to pay me $10.00 a month as to not cause due stress to him. How the fuck does that make any since. What about undue stress to my my bank account or the undue stress to me in having to lose my vehicle for the days it takes to repair it??????

Holy Hell I'm PISSED!!!!

Particle Man
05-04-2009, 03:59 PM
:rant:
Long story short. Went to AMA at Road Atlanta, camped for the weekend at the track. Saturday night some drunk dumb ass decides that it's fun to be an idiot and drive through all the campers very recklessly spinning tires, going way faster than is safe, and making rooster tails (throwing gravel with his tires, for the non rednecks:lol:) etc.. He was bad enough that a bunch of us got him stopped and blocked in before the cops could get there. In the process of all this he showered my Jeep with rocks, busting the windshield and putting gravel size dents all over my hood and grill. Cops show up arrest him with a fight of course. Anyhow he is charged with destruction of property for the Jeep along with four other things. Got estimate on Jeep almost 2 grand to fix it :panic:

Get a call finally from the DA today. Was informed that they will make him pay restitution to me (who knows when it goes to trail). The kick in the ass is he will only have to pay me in small monthly installment. WTF!!!!! Why can't he just pay me my money so I can fix my vehicle. It totally pisses me off that I have to come up with all the money at one time for something that was someone else's stupidity but this fucker gets to pay me $10.00 a month as to not cause due stress to him. How the fuck does that make any since. What about undue stress to my my bank account or the undue stress to me in having to lose my vehicle for the days it takes to repair it??????

Holy Hell I'm PISSED!!!!
at least he's paying - the alternative is that you get effed out of the coin altogether...

HurricaneHeather
05-04-2009, 04:00 PM
Wow. Serious Fail. :mad:

CrazyKell
05-04-2009, 04:01 PM
That sucks!

Ninjakel
05-04-2009, 04:02 PM
wow. that's horrible

Rider
05-04-2009, 04:03 PM
That sucks. I'd be pissed off too. Whether you have the money or not tell the DA that you have to put the cost of repairs on a credit card so that he can have the judge make this idiot pay you interest.

Rsv1000R
05-04-2009, 04:05 PM
Doesn't he have auto insurance? His insurance should pay you to get your car fixed. And your insurance co should be happy to get them to pay (usually I think they pay, then go after his ins co to get their money back).

Papa_Complex
05-04-2009, 04:13 PM
Doesn't he have auto insurance? His insurance should pay you to get your car fixed. And your insurance co should be happy to get them to pay (usually I think they pay, then go after his ins co to get their money back).

I was thinking the same thing. The only potential issue would be that there was no contact between the two vehicles.

What about a civil suit?

Ducati Diva
05-04-2009, 04:17 PM
Doesn't he have auto insurance? His insurance should pay you to get your car fixed. And your insurance co should be happy to get them to pay (usually I think they pay, then go after his ins co to get their money back).

Just got off the phone with my insurance company. They told me best they could do was for me to file a claim, send them the court info (his insurance not listed) and they would go after his company. They would then pay me back my deductible when and if his company pays up. This would then be listed on my policy, as a no fault claim but could still cause a rate increase when I come up for renewal. :panic:

:idk: I guess I'm just old fashion but when you mess up someone else's stuff you immediately pay to have it fixed no matter what personal stress it puts on you.

Ducati Diva
05-04-2009, 04:21 PM
I was thinking the same thing. The only potential issue would be that there was no contact between the two vehicles.

What about a civil suit?

Idk know but I work during the week. Means time off work, and a 5 hour trip back down there. More cost involved cause this guy is a prick. Do you have to have a lawyer for civil cases? Never had any experience in this area.

askmrjesus
05-04-2009, 04:31 PM
Idk know but I work during the week. Means time off work, and a 5 hour trip back down there. More cost involved cause this guy is a prick. Do you have to have a lawyer for civil cases? Never had any experience in this area.

You don't need a lawyer for a small claims case, but even if you win, the Judge will still be likely to give the jackass payment options, so you're back to square one.

JC

Papa_Complex
05-04-2009, 04:31 PM
Idk know but I work during the week. Means time off work, and a 5 hour trip back down there. More cost involved cause this guy is a prick. Do you have to have a lawyer for civil cases? Never had any experience in this area.

For a full-blown civil suit, you'd be a fool to try it yourself. For a small claims court you don't need a lawyer and having a criminal conviction against him, with specifics as to damage incurred, should make it a walk in the park to win it. Unfortunately that doesn't guarantee payment; blood out of a stone, and all of that.

bmblebee
05-05-2009, 08:50 AM
A civil suit can win you a judgement, which as been mentioned before, doesn't put any money in your wallet. However, win a judgement and you have access to all this person's financials. If they own any property, you can force a sale to get your money. If the judge allows a payment plan, any raise or bonus the fellow gets, you can attach for more money. the civil suit and judgement is a good way to go because even if you never get your money, you can legally harass this as$hat for your own amusement until you get your money

Evadd
05-05-2009, 03:49 PM
i have a more satisfying idea - go do $4000 in damage to his car (or house, if his car is already a POS), and tell him you'll be sending him $10/month.

fasternyou929
05-05-2009, 04:25 PM
Ugh, our lovely justice system, have I got a story about that!...

Anyway, just be happy you're actually getting paid back. You should be able to recoup interest from it also (not 20% or anything astronomic, but something).

Don't waste your time with a civil suit, all your get is a judgment that may as well be written on two-ply. If the guy doesn't have much money, they can't make him pay you up front.

Mikey
05-05-2009, 05:27 PM
i have a more satisfying idea - go do $4000 in damage to his car (or house, if his car is already a POS), and tell him you'll be sending him $10/month.

That's pretty much the way I'd go. You probably have access to his address, right? I'd make sure he never drives again. I'm a vindictive motherfucker like that. :idk: