+ Reply to Thread
Page 1 of 3 123 LastLast
Results 1 to 15 of 34
  1. #1
    hoflix is offline Junior Member
    Join Date
    Jun 2005
    Posts
    12

    how to prove it was under $750 ?

    What is the name of your state? CA
    I few months ago I was involved in a motorcycle accident. I was at fault, and I had no insurance. The damage was minor (a 1 inch long scratch on the rear bumper of the other person'r car, from touching it with my boot). She called the police, they ticketed me, report, etc. And I paid for that, and they added 1 point to my record. Since the damage was so insignificant, I did not file an accident report. 4 months after the accident, her insurance company send me a bill for ~$1100 !!! The bill details verious repairs done to the car, incloding front bumper damage, headlights, interior mirror, they painted the whole car, etc.!! Of course, I refused to accept such a claim. Yesterday, I got an "order of suspension" from DMV: they are going to suspend my licence BECAUSE I DID NOT FILE AN ACCIDENT REPORT , since the accident was reported as over 750 in damages.

    Apparently, i can request a hearing with DMV to try to defend myself.
    My question is: how can I defend myself? I mean how can I prove the damage was waaay under $750 (the limit for filing an accident report) ?

    I don't have any pictures of the damage, only the police report that states "minor damage, rear bumper". Aren't THEY supposed to present pictures of the damage? Also, i must say that their bill looks strange: it does list some previous damage, but it also conveniently places 98% of allthe expenses on my 1 inch scratch.
    Last edited by hoflix; 12-14-2005 at 02:14 AM.
  2. #2
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Quote Originally Posted by hoflix
    how can I defend myself?
    Gee, I would start with providing SOME evidence of the value of the damage. The fact that you don't have the proof is something YOU are going to have to deal with. One of the joys of deciding to drive/ride without insurance.

    Aren't THEY supposed to present pictures of the damage?
    Nope. Their 'proof' is the estimate and/or bill.
  3. #3
    hoflix is offline Junior Member
    Join Date
    Jun 2005
    Posts
    12
    Again, the bill is absurd: headlights, 2 gallons of paint, some stuff on the inside, side markers, front grille, etc. Stuff that had nothing to do with the scratch I caused on the REAR BUMPER. And the police report says very clearly that same thing. And they put like 20 hours of labor, all concentrated on polishing my scratch ?? C'moooon, if someone can read, it's enough to see there's something wrong with that bill.
    Isn't that proof enough? Basically, you are saying DMV can suspend my license just because someone else says so??
  4. #4
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Quote Originally Posted by hoflix
    Isn't that proof enough?
    Sounds like it to me. Now you just have to convince the DMV.

    Basically, you are saying DMV can suspend my license just because someone else says so??
    Nope.... and that is not what I said. I said their offering of proof is in the estimate. Whether that stands unchallenged or not... is up to you.
  5. #5
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
    Posts
    7,790
    your license suspension is for having no insurance.

    Was there a police report? If yes, send a copy to the insurance company and ask them to explain why they repaired the front bumper if the damage was to the rear of the car.

    you may also want to submit a complaint to the Department of Insurance that a fraudulent claim is being made. Go to the California DOI website to fill out the complaint form.The DOI will request the carrier to show that the claim is valid.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  6. #6
    hoflix is offline Junior Member
    Join Date
    Jun 2005
    Posts
    12
    I think the suspension is for not reporting it in time, within 10 days, that is.

    On the order of suspension it says: "your driving priviledge will be suspended on Jan 07 2006 because you did not file a DMV traffic accident report (sr1) showing liability insurance coverage in effect for vehicle involved in the accident on Jun 08 2005 in or near LA" [....] "this suspension is taken under California vehicle code section 16004 and /or 16070 "

    I have the right to a hearing, to prove I was not the driver OR to prove it was under $750.

    The thing is I found out about the amount of damage being claimed 3 months after the acident... and as I said before, the real damage was way under $750, by any honest-body-shop estimate. Obviously, there is no way to get another estimate right now.

    So my questions now are about the DMV hearing, and how could I convince the DMV person:
    - i didn't know about the claim?
    - should I try to get an estimate on another car, for a similar damage, showing a much lower value ?
    - can I rely on the police report, and based on that to discuss the bill? actually, will I be given a chance to discuss the bill? I mean to explain what exactly is wrong about it ? (eg. they changed some parts in front, but they made the parts incredibly cheap ($5 a headlight) and the overloaded it with labor, for the rear bumper)
    - should I "fell on my knees" and cry and beg the DMV? (first accident in 10 years of driving, I had insurance for the car all along, only it did not cover the bike, but the bike is insured now, and I will loose my job, etc )
  7. #7
    teflon_jones is offline Senior Member
    Join Date
    Sep 2004
    Posts
    1,939
    Your best bet is to go to the hearing with the police report showing that only the rear bumper was slightly damaged, and that the rest of the damages that are being claimed aren't from your accident. Tell them based on the damages you caused, there's no way it was over $750 so you didn't need to file an accident report.
  8. #8
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Quote Originally Posted by hoflix
    i didn't know about the claim?
    Not relevant. The ISSUE here is your NOT having insurance. The 'claim' only reported that FACT.
    "your driving priviledge will be suspended on Jan 07 2006 because you did not file a DMV traffic accident report (sr1) showing liability insurance coverage in effect for vehicle involved in the accident on Jun 08 2005 in or near LA"

    should I try to get an estimate on another car, for a similar damage, showing a much lower value ?
    Not relevant. The ONLY relevant issue is whether you can PROVE you had insurance on the vehicle at the time of the accident!!

    Based on the Code violations you offered, there are two separate issues here.

    Issue #1: The first is that you didn't file a timely report.
    CA Vehicle Code:
    16004. (a) The department shall suspend the driving privilege of any person who fails, refuses, or neglects to make a report of an accident as required in this chapter.
    (b) A suspension taken under this section shall remain in effect until terminated by receipt of the report of the accident or upon receipt of evidence that financial responsibility as provided in Section 16021 is in effect.
    (c) The driving privilege shall not be suspended under this section, and, if a suspension has been imposed and is in effect under this section, that suspension shall be terminated, if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the same accident for which the report of the accident is required by this section. The department may suspend or reimpose the suspension of the driving privilege of a person under this section if the suspension under Section 16370 or 16381 is
    later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of financial responsibility, as provided in Chapter 3 (commencing with Section 16430).


    The above clearly shows that you can get THIS suspension released by filing a report... OR upon your providing proof of financial responsibility (insurance).

    Issue #2: Your NOT having insurance!!! And this is the one that 'gets' you!!
    CA Vehicle Code:
    16070. (a) Whenever a driver involved in an accident described in Section 16000 fails to provide evidence of financial responsibility, as required by Section 16020, at the time of the accident, the department shall, pursuant to subdivision (b), suspend the privilege of the driver or owner to drive a motor vehicle, including the driving privilege of a nonresident in this state.
    (b) Whenever the department receives an accident report pursuant to this article that alleges that any of the drivers involved in the accident was not in compliance with Section 16020 at the time of the accident, the department shall immediately mail to that driver a notice of intent to suspend the driving privilege of that driver. The department shall suspend the driving privilege 30 days after mailing the notice, unless the driver has, prior to that date,
    established evidence of financial responsibility at the time of the accident, as specified in Section 16021, with the department. The suspension notice shall notify the driver of the action taken and the right to a hearing under Section 16075.


    From your own post... you didn't have insurance... and your license WILL be suspended!!

    Read 'em yourself:
    [url]http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=veh&codebody=&hits=20[/url]
  9. #9
    hoflix is offline Junior Member
    Join Date
    Jun 2005
    Posts
    12
    Well then, if it will be suspended anyway, why are they mentioning that I can go to a hearing "to show that the amount of damage to any one personís property was NOT over $750, and there was no injury or death to any party" ??

    You also said I should file an accident report? I take it that's an SR-1... Now what do I say on it?? how much? and based on what?

    And from what I know, there should be a just punishment! I did not kill anyone, no one was hurt, I was not drinking, I did not steal the vehicle, I wasn't even speeding! I was just a beginer rider. They are letting DUIs and guys who caused major accidents with deaths, injuries and tens and tens of thousands of $$ in damages keep their licenses and keep driving...

    And even if I am am currently paying for 2 insurance policies, they are still going to suspend it?!!? And all based on a fraudulent claim!

    Any way I can argue about me loosing my job after that? (I do deliveries) And i won't be able to stay in school anymore, since I won't have any money to pay for it! I can't apply for wellfare either, I'm just a foreign student

    And yes, I know "the law is the law", but it just seems so unfair!
  10. #10
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Quote Originally Posted by hoflix
    Well then, if it will be suspended anyway, why are they mentioning that I can go to a hearing "to show that the amount of damage to any one personís property was NOT over $750, and there was no injury or death to any party" ??
    Gee, could it be because you CAN??
    Hell, you can go to the hearing and show them just about anything. The problem is... you didn't file a report (and of course, you can argue the report wasn't required, no problem) AND you failed to have the required insurance.
    Pretty simple.

    You also said I should file an accident report? I take it that's an SR-1... Now what do I say on it?? how much? and based on what?
    You tell the truth.. and say what happened.

    And from what I know, there should be a just punishment! I did not kill anyone, no one was hurt, I was not drinking, I did not steal the vehicle, I wasn't even speeding! I was just a beginer rider. They are letting DUIs and guys who caused major accidents with deaths, injuries and tens and tens of thousands of $$ in damages keep their licenses and keep driving...
    And of course, none of that is relevant. The ONLY issue here is... Did you have the required insurance at the time of the accident??
    If you did, show them the policy and provide a copy of a report... and the problem disappears!!

    And even if I am am currently paying for 2 insurance policies, they are still going to suspend it?!!? And all based on a fraudulent claim!
    Nope.... all based on the FACT that you did not have insurance (for the vehicle you were driving) at the time of the accident!!

    Any way I can argue about me loosing my job after that? (I do deliveries) And i won't be able to stay in school anymore, since I won't have any money to pay for it! I can't apply for wellfare either, I'm just a foreign student
    So???
    Even more reasons for you to have complied with the laws, huh??

    And yes, I know "the law is the law", but it just seems so unfair!
    What is 'unfair'?? The law requires you to have insurance. You knowingly drove without it!!
    The law is there to protect the rest of us (responsible society) from being damaged when hit by an uninsured motorist. Why is it 'fair' that the damaged party should have to pay for YOUR decision to drive without insurance??
  11. #11
    hoflix is offline Junior Member
    Join Date
    Jun 2005
    Posts
    12
    I was not knowingly driving without insurance. The bike was supposed to be covered under my car insurance policy. (a newly acquired vehicle shall be covered for the first 30days after becoming the owner) . I had the bike for 1 week. As it turns out after 3 months, that would be "any vehicle EXCEPT motorcycles".

    You keep saying it's because of the insurance... it it NOT! it' because of the 10 days... They already made me pay for that, they already added a point to my driving record, etc. I don't see why I should have to suffer for the rest of my life for something that small. Yes, I'm a criminal... they should thow me in jail for at least 10 years, and of course they should believe the other party!

    And I thought this forum was about helping people (criminals or not) get out of trouble , not about accusing... after all, that's what lawyers do: they help criminals like myself.

    SO AGAIN: Yes, I was at fault, Yes, I drove without insurance, Yes, I broke the law! Now I need a solution to escape from that law. That CAN be done. (and it's known FACT ). It's just I don't know how ... yet. And that's why I came here in the first place.

    That's all.
  12. #12
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Quote Originally Posted by hoflix
    I was not knowingly driving without insurance.
    The law doesn't care if your conduct was knowingly or not.

    The bike was supposed to be covered under my car insurance policy. (a newly acquired vehicle shall be covered for the first 30days after becoming the owner) . I had the bike for 1 week. As it turns out after 3 months, that would be "any vehicle EXCEPT motorcycles".
    And???

    And I thought this forum was about helping people (criminals or not) get out of trouble , not about accusing... after all, that's what lawyers do: they help criminals like myself.
    Where the hell did you get THAT idea??? The purpose of this forum is to give legally accurate answers. Though you clearly don't like the ACCURATE answer you got... tough!!

    SO AGAIN: Yes, I was at fault, Yes, I drove without insurance, Yes, I broke the law! Now I need a solution to escape from that law.
    ROTFLMAO!!!
    Maybe you should click your heels together and recite "I did nothing wrong. I did nothing wrong."... and all of this 'bad dream with bad people' will go away..... or maybe not.
  13. #13
    Join Date
    Oct 2005
    Location
    Arizona
    Posts
    368
    I think that's definitely a nomination for dumbest post... I just need a solution to escape from the law.
  14. #14
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    I think he is more likely to find an escape from reality. Hell, from his posts, he's already half way there!!
  15. #15
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
    Posts
    7,790
    "I was not knowingly driving without insurance. The bike was supposed to be covered under my car insurance policy. (a newly acquired vehicle shall be covered for the first 30days after becoming the owner) . I had the bike for 1 week. As it turns out after 3 months, that would be "any vehicle EXCEPT motorcycles".

    Weren't you curious on how much your rates would be when you were going to buy the bike? Didn't you call your carrier and ask about insuring the bike prior to purchase? If no, why didn't you call your carrier the day you bought the bike to add it to your policy? Why wait over a week and still not call?
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.

Similar Threads

  1. how do i prove....
    By mypaypal87 in forum Child Custody & Visitation
    Replies: 14
    Last Post: 08-23-2008, 03:38 PM
  2. what do i have to prove?
    By fisherking in forum Small Claims Courts
    Replies: 6
    Last Post: 05-03-2007, 10:03 PM
  3. How to prove PAS
    By mandik in forum Child Custody & Visitation
    Replies: 4
    Last Post: 12-28-2004, 03:04 PM
  4. What Do We Ask Him To Prove For Us**************.
    By StarsMoon in forum Child Custody & Visitation
    Replies: 2
    Last Post: 12-12-2001, 08:59 PM
  5. how can i prove it?
    By donnyblue in forum Job Discrimination and Harassment
    Replies: 1
    Last Post: 04-09-2001, 08:49 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.