 Finally Set Court Date for the Lawsuit, against the guy who ran over my t-top |
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 Dec 29 2004, 11:04 PM
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#1
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Advanced Member  Group: Advanced Members Posts: 588 Joined: 23-December 03 From: Sterling, IL Member No.: 7  |
I sent him a Merry Christmas lawsuit notification on December 10th. His attorney (whom I assume his insurance hired) responded back and now we go to court on March 10th.
This should be interesting. The judge gets to decide if we're all putting our gear and equipment at risk by leaving it out in the open in paddock areas at Solo events. Best I can determine, is that if he wins, the parking lot area we use as our paddock/pits is fair game for anyone to run over anything without fault. I can't imagine his son would appreciate that ruling since he competes with us. Anyone want to lay odds on my chance of winning? |
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Dec 30 2004, 01:12 AM
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#2
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Veteran Member Group: Advanced Members Posts: 2,647 Joined: 23-December 03 From: Pittsburgh, PA Member No.: 14 |
I wouldn't put odds on anything regarding litigation in this country.
I am interested. How many years will this take to get to a conclusion? |
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Dec 30 2004, 01:37 AM
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#3
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Member Group: Advanced Members Posts: 74 Joined: 26-December 03 From: Folsom, CA Member No.: 48 |
So the guy will admit he ran over your stuff, but doesn't feel liable for it? Hard to imagine that will be his defense.
Good luck, Dave |
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Dec 30 2004, 02:53 AM
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#4
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Annoying Newbie Group: Advanced Members Posts: 75 Joined: 18-November 04 From: South Florida Member No.: 547 |
Is this in small claims court? Do you have a lawyer?
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Dec 30 2004, 03:03 AM
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#5
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Grumpy Group: Advanced Members Posts: 2,722 Joined: 1-January 04 From: Bakersfield CA Member No.: 81 |
wow,i think it would have been easier to just buy you a new t top (IMG:http://www.frrax.com/rrforum/style_emoticons/default/dry.gif)
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Dec 30 2004, 03:17 AM
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#6
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Advanced Member Group: Advanced Members Posts: 588 Joined: 23-December 03 From: Sterling, IL Member No.: 7 |
Dave (Tracknut):
Yes, he came up to me right after a run and said, "I ran over your t-top." Then he just stared at me waiting for my reaction. He never apologized. His insurance company said my T-top was in his "lane of traffic" and said there was no way for him to have known my stuff was in his path. BCinU: Yes, it's small claims. My attorney doesn't practice in Iowa. He referred me to an attorney who basically told me it was tough to justify hiring him as it would likely cost me half of the settlement, assuming I won. John (firehawkclone): He offered to pay for half the glass initially, but he also dragged the plastic across the concrete, so I needed the whole top, plus a few other costs. So he offerred $200 and I'm out over $900. |
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Dec 30 2004, 03:33 AM
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#7
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Nothing says 'I love you.' like a box of Hydroshoks Group: Moderators Posts: 5,284 Joined: 23-December 03 From: Granbury, TX Member No.: 4 |
Scott ... I just checked out your website ...
"hot young stud" ... (IMG:http://www.frrax.com/rrforum/style_emoticons/default/rotf.gif) Good luck on the court case .... |
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Dec 30 2004, 03:51 AM
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#8
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Really Old Corner Carver Group: Advanced Member Posts: 1,209 Joined: 24-December 03 From: Atlanta Ga Member No.: 21 |
I had the same thing happen to me here... except it was my 10 gal air tank. You know, real BIG and RED... Did you know a Mustang can run over one and apparently the driver doesn't even know it??
Driver never apologized. After about 30-45 minutes of fuming, me and another guy went down to talk to him. He kept trying to blam the grid worker for telling him to go. (IMG:http://www.frrax.com/rrforum/style_emoticons/default/nutkick.gif) But never apologized, never said he was sorry, never offered to buy another one. |
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Dec 30 2004, 04:40 AM
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#9
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CMCer Group: Moderators Posts: 2,932 Joined: 12-February 04 From: the sticks near VIR Member No.: 194 |
It's all about taking responsibility. Some folks just don't know how. (IMG:http://www.frrax.com/rrforum/style_emoticons/default/banghead.gif) Good luck with the case, keep us posted!
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Dec 30 2004, 12:52 PM
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#10
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Veteran Member Group: Advanced Members Posts: 2,640 Joined: 25-December 03 From: Louisville, KY Member No.: 40 |
Good luck and congrats on not letting the jerk get away easily. (IMG:http://www.frrax.com/rrforum/style_emoticons/default/thumbup.gif)
It happens at almost every event I go to, some idiot runs over someone's stuff. |
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Dec 30 2004, 01:20 PM
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#11
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FRRAX Owner/Admin Group: Admin Posts: 15,432 Joined: 13-February 04 From: Ohio Member No.: 196 |
QUOTE (bruecksteve @ Dec 29 2004, 10:51 PM) I had the same thing happen to me here... except it was my 10 gal air tank. You know, real BIG and RED... Did you know a Mustang can run over one and apparently the driver doesn't even know it?? I'm surprised he wasn't stuck on top of it. Geez, I'd have thought that could have done serious damage to a pony car. "Sorry dude, I totalled my car on your air tank.....". |
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Dec 30 2004, 01:48 PM
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#12
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Experienced Member Group: Advanced Members Posts: 1,042 Joined: 24-December 03 From: Hanover, PA Member No.: 36 |
QUOTE (Absolut Speed @ Dec 29 2004, 05:04 PM) .... His attorney (whom I assume his insurance hired) responded back and now we go to court on March 10th. This should be interesting. The judge gets to decide if we're all putting our gear and equipment at risk by leaving it out in the open in paddock areas at Solo events. Best I can determine, is that if he wins, the parking lot area we use as our paddock/pits is fair game for anyone to run over anything without fault. I can't imagine his son would appreciate that ruling since he competes with us. Anyone want to lay odds on my chance of winning? Never assume that. Ask the atty if he the atty from the ins co. Make sure you get his insurance co involved by sending a copy of the complaint to the ins co w/a reference to the policy number. If not available go to DMV or hir a PI. Upon the ins co getting the suit, they'll probably settle it. I'd guess he just doesn't want the ins co involved to avoid a hike in his rates. Make sure you get them involved!! Look at it this way, if you win w/o the ins co, he'll not pay you the x hundred dollars awarded. You'll be chasing him for that for years. If they are involved, they'll pay the judgment if it should ever go to trial SD |
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Dec 30 2004, 08:30 PM
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#13
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North of the border Group: Admin Posts: 2,307 Joined: 4-February 04 From: Montreal, CANADA Member No.: 177 |
QUOTE (bruecksteve @ Dec 29 2004, 10:51 PM) I had the same thing happen to me here... except it was my 10 gal air tank. You know, real BIG and RED... Did you know a Mustang can run over one and apparently the driver doesn't even know it?? Driver never apologized. After about 30-45 minutes of fuming, me and another guy went down to talk to him. He kept trying to blam the grid worker for telling him to go. (IMG:http://www.frrax.com/rrforum/style_emoticons/default/nutkick.gif) But never apologized, never said he was sorry, never offered to buy another one. what you expect... from a Mustang driver... (IMG:http://www.frrax.com/rrforum/style_emoticons/default/rotf.gif) :leaving: |
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Dec 31 2004, 02:35 AM
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#14
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Experienced Member Group: Advanced Members Posts: 2,289 Joined: 4-May 04 From: Kenvil, NJ Member No.: 331 |
It's about time you heard something. I would simply point out to the judge that since he was there to watch his son he could have easily run over his son's stuff!! That may put a different perspective on things. I was lucky when someone ran over my air compressor.. on the check he sent, the notes read 'for being an idiot.'
It's incredible how someone's attitude could change a whole situation. If he was at least a little more understanding you could probably avoid court alltogether. |
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Jan 3 2005, 04:42 AM
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#15
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Annoying Newbie Group: Advanced Members Posts: 75 Joined: 18-November 04 From: South Florida Member No.: 547 |
QUOTE (Absolut Speed @ Dec 29 2004, 09:17 PM) BCinU: Yes, it's small claims. My attorney doesn't practice in Iowa. He referred me to an attorney who basically told me it was tough to justify hiring him as it would likely cost me half of the settlement, assuming I won. I'm not suprised the lawyer would say that. It is both the blessing and curse of small claims court. Someone in an earlier post advised you to make certain an insurance company gets involved. I agree completely. Insurance companies are regulated by the state and, usually, guaranteed (to a point) by a state insurance guarantee fund. Small judgements against private individuals are rarely worth pursuing. Feel free to PM me if you have any specific questions. |
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Jan 5 2005, 06:45 AM
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#16
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Advanced Member Group: Advanced Members Posts: 545 Joined: 19-June 04 From: Zanesville, Ohio Member No.: 369 |
Glad to see you're following this through, good luck.
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Jan 5 2005, 06:59 AM
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#17
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Member Group: Advanced Members Posts: 162 Joined: 29-December 03 Member No.: 61 |
Whatever the outcome, you are doing the right thing. Good luck.
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