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  #1  
Old 01-10-2001, 09:36 AM
August
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My wife was in a accident with a uninsured driver. He was sited for following to close. He gave the Officer his insurance information at the time of the accident. But when we called his insurance company they informed us that he had let his insurance laps months before. He was called and claimed this wasn't the case but then called us back and admitted that he was without insurance but would may it right. That was the last time we heard from him. We found out his court date and were there. He tried to tell the prosecutor that he had made restitution, we spoke up and let the prosecutor that was not the case. We were taken out of the court room with the other party. The prosecutor had us make arrangements with the other party for payment of our vehicle. $100.00 a week for 34 weeks. This he agreed to. The prosecutor then had the date of sentencing set back for 90 days to see if he would make good. He has been late or not paied unless we call him to make good. His court date now approaches. He now calls us wanting a copy of the aggreement, and that he now had a attorney who would be asking for a continuance. What can we do to ensure that we get our money.
  #2  
Old 01-10-2001, 02:50 PM
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Join Date: Jan 2000
Location: Los Angeles, California
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Quote:
Originally posted by August
My wife was in a accident with a uninsured driver. He was sited for following to close. He gave the Officer his insurance information at the time of the accident. But when we called his insurance company they informed us that he had let his insurance laps months before. He was called and claimed this wasn't the case but then called us back and admitted that he was without insurance but would may it right. That was the last time we heard from him. We found out his court date and were there. He tried to tell the prosecutor that he had made restitution, we spoke up and let the prosecutor that was not the case. We were taken out of the court room with the other party. The prosecutor had us make arrangements with the other party for payment of our vehicle. $100.00 a week for 34 weeks. This he agreed to. The prosecutor then had the date of sentencing set back for 90 days to see if he would make good. He has been late or not paied unless we call him to make good. His court date now approaches. He now calls us wanting a copy of the aggreement, and that he now had a attorney who would be asking for a continuance. What can we do to ensure that we get our money.
My response:

Where's your own insurance company in this matter ? And, if you had insurance, why haven't you made an "uninsured motorist" claim on your own policy ? If you can make such a claim with your own insurance, then your own insurance company would deal with the defendant, and get you "out of the loop".

IAAL
  #3  
Old 01-11-2001, 09:23 AM
August
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collecting


We do have insurance. But we only have uninsured medical in our state. He has now hired a lawyer and as ask for a court date. The county attorney will be calling us if his attorney wants to make a out of court settlement. The county attorney told us to refer any calls by his attorney to them. We've asked that the court make him pay the court as part of his fine so that we can collect that way. The county attorney said that there may be a fee for doing so. Does this sound right or have I miss stated them.
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