How might a judge view the following case...

[rmet4nzkx]

Mother Teresa was being interviewed by a newspaper.

When asked what she thought of abstinence for women religious, she said, "It's pointless."

And if OP was in your courtroom?
Second thought maybe he should try out for "Texas Justice"

 

[seniorjudge]

And if OP was in your courtroom?

I would tell him that I do NOT want to hear about the settlement agonies....I want to hear about the ACCIDENT!

There are a lot of lawyers who can't understand that simple concept....

 

[CarlJStoneham]

Thanks panzer. I guess I sometimes get morality and legality confused. I often think they're mutually exclusive Anyway, I get what you're saying. It sounds like I'm gonna have to hope he tells the truth under oath (which, sadly, isn't a whole lot to rely on).

A follow-up question: If I am somehow able to meet him and I take a typed-up copy of how I saw the events (i.e. "My wife and I were driving down I-20, etc, etc, etc. Mr. X asked that we handle this off the insurance and that he would pay for the repairs out of pocket". I would do my best to present it objectively) and he signs it, I assume that would pretty much take the case from weak to strong, right? Of course, I doubt that he'd do such a thing, but it might be worth it. At this point, I'm kind of hoping just having the notice served will motivate him to settle out of court. After all, he has no idea how solid our case is or is not...

If nothing else, going to SCC will be a useful learning experience in case I ever make a repeat visit. I never thought getting a few scratches on a bumper could be so stressful. Suing just isn't in my nature (thankfully). I wish people simply did what they said they'd do. Ah well, might as well wish to go home and find my house filled with money. At least I'll take some satisfaction in knowing karma will do its job

 

[CarlJStoneham]

seniorjudge,
So basically, when I go, I should say "X happened while we driving down y road. Z agreed to pay for the damages. We have contacted him numerous times and have not received a response." and then shut up and wait for the judge to ask for evidence, etc? I hadn't really planned on saying "and I think so-and-so should happen". My understanding is simply that I present the facts as I see them, answer the judge honestly, comply with any requests for evidence and then let him/her do his/her job. The whole thing should take about 1/2 of the time it does on TV, right? I'm really not interested in Judge Judy "justice" drama anyway.

 

[rmet4nzkx]

You don't have to go to the big city, audition for "Texas Justice"
http://texasjusticetv.com/

 

[panzertanker]

Thanks panzer. I guess I sometimes get morality and legality confused. I often think they're mutually exclusive Anyway, I get what you're saying. It sounds like I'm gonna have to hope he tells the truth under oath (which, sadly, isn't a whole lot to rely on).

A follow-up question: If I am somehow able to meet him and I take a typed-up copy of how I saw the events (i.e. "My wife and I were driving down I-20, etc, etc, etc. Mr. X asked that we handle this off the insurance and that he would pay for the repairs out of pocket". I would do my best to present it objectively) and he signs it, I assume that would pretty much take the case from weak to strong, right? Of course, I doubt that he'd do such a thing, but it might be worth it. At this point, I'm kind of hoping just having the notice served will motivate him to settle out of court. After all, he has no idea how solid our case is or is not...

If nothing else, going to SCC will be a useful learning experience in case I ever make a repeat visit. I never thought getting a few scratches on a bumper could be so stressful. Suing just isn't in my nature (thankfully). I wish people simply did what they said they'd do. Ah well, might as well wish to go home and find my house filled with money. At least I'll take some satisfaction in knowing karma will do its job

Of course, any admission of guilt on his part will help strengthen your case. I am not too sure of how the SCC process works and if the burden of evidence will apply. Meaning, a signed piece of paper that says "carl J stoneham owes panzertanker 1 million dollars" won't hold a whole lot of weight in court b/c there is no signed promissary note, etc. (lots of other legal paperwork that I don't know about).

I am unsure if that is true in SCC as well. I would assume, due to the "logical" nature of the judgements made in SCC, that a signed piece of paper from the defendant admitting that he stated he would pay for your damages WOULD help you immensely. But don't hold your breath. The guy has ducked you considerably, I sincerely doubt that he has any intention of "making this right" as he morally should.

I understand your frustration. Sometimes the logical things of this world don't "jeehaw" with the legal things of this world. A perfect example, that is apropos to your situation, is verbal contracts. My understanding is that they are worth the paper they are written on...
In the logical and moral world, all people would stick to their word and do the correct thing. But if that happened, we would not have crime, drugs and prisons. And how boring would America be without those......?!!

 

[CarlJStoneham]

Heheh. Thanks Panzer. I may try to signed paper route, but I won't rely on it too much. Again, I'm hoping the threat of court will get more done than actually showing up will...

 

[Veronica1228]

Heheh. Thanks Panzer....

Call him Hot Toddy. He likes it!

 

[CarlJStoneham]

Sounds like a story there...

 

[rmet4nzkx]

Call him Hot Toddy. He likes it!

You go girl!

 

[panzertanker]

Call him Hot Toddy. He likes it!

Indeed I do, but I prefer it from:
Blondes
Roses
Veronicas
Ships (full of bull)
My wife
lol!
WOW! quite a list....

 

[panzertanker]

Sounds like a story there...

Yup, but I was sworn to secrecy and did the "spit handshake" to seal the deal. If I break the oath, my left ear falls off, I hear a buzzing noise all the time and gnats follow me everywhere!
lol

 

[CarlJStoneham]

Well, Biblical-type plagues aside, would that handshake hold up in court...?

 

[ENASNI]

hey

Yup, but I was sworn to secrecy and did the "spit handshake" to seal the deal. If I break the oath, my left ear falls off, I hear a buzzing noise all the time and gnats follow me everywhere!
lol

You got off easy Hot Toddy... if you were female the hazing ritual was a little bit more difficult...

 

[Veronica1228]

Yup, but I was sworn to secrecy and did the "spit handshake" to seal the deal. If I break the oath, my left ear falls off, I hear a buzzing noise all the time and gnats follow me everywhere!
lol

Gnats are easily taken care of. Just don't forget to wash your hands thoroughly after making them go splat. Gnat guts are gross.