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Old 04-07-2008, 09:09 AM   #1
Polo1000RR
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What can we do?

My cousin Adam has an 05 R6 Raven.

On Sunday he pulled out of his driveway that is on a main road and was hit by a young dude in his suv.

Adam got away with a few cuts a bruises but the bike is totaled.

The kid was racing another car and hit Adam so hard that it went through the tire, broke the rim in half and snapped one side of the frame in half.

The cops came and it was proven that it was the other guys fault but he has no insurance. Everything was documented with the cops but what is the next thing we should do. Is there any chance that the guy will have to pay or are we chit out of luck?

Thanks to anyone that can help!
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Old 04-07-2008, 09:11 AM   #2
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sounds like he'll have to sue. still might not get paid, even if he has a ruling in his favor. Did he have un-insured, underinsured motorist protection on his policy?
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Old 04-07-2008, 09:11 AM   #3
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small claims court max is $5k, so the bike is worth more then that.

next you'd have togo "real court' and prolly wouldn't be worth the $, you'd win, but theyr'd be no way to collect.

and i guess your cuz didn't have uninsured motorist insurance?
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Old 04-07-2008, 09:12 AM   #4
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Quote:
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sounds like he'll have to sue. still might not get paid, even if he has a ruling in his favor. Did he have un-insured, underinsured motorist protection on his policy?
No he didn't!
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Old 04-07-2008, 09:15 AM   #5
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not much you can do, like Racer L said, you can sue him for 5K in the small claims court, or go to court, not worth the time and money if he doesn't have any.
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Old 04-07-2008, 09:25 AM   #6
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Yeah I think he might have to eat this one!
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Old 04-07-2008, 09:35 AM   #7
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well.... just because he has no insurance doesn't mean he has no money... He could consult a lawyer who might take the case. And I think the crime is serious enough to do whatever he could to further punish this guy. They garnish payroll for these kinds of things....

UIM is so important. Esp. here in Houston - I always cough up the dough for that.
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Old 04-07-2008, 09:40 AM   #8
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....possible he could also get a lein on the vehicle, or other property the 'dude' owns (ie: if he owns a house and isn't renting'.). It's not immediate money, but a potential way to collect long term.
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Old 04-07-2008, 09:41 AM   #9
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He only has liability!

The dudes whole family showed up at the scene and they appeared to have money. Maybe if we show them a little that we want to go to court they might cough up some money!
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Old 04-07-2008, 09:43 AM   #10
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Quote:
Originally Posted by Polo1000RR View Post
He only has liability!

The dudes whole family showed up at the scene and they appeared to have money. Maybe if we show them a little that we want to go to court they might cough up some money!

That is prolly your best bet, try to talk to them.
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Old 04-07-2008, 09:44 AM   #11
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Quote:
Originally Posted by Polo1000RR View Post
He only has liability!

The dudes whole family showed up at the scene and they appeared to have money. Maybe if we show them a little that we want to go to court they might cough up some money!
Keep in mind, if the dude is under 17...it's his parentals that are legally responsible. :-)
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Old 04-07-2008, 09:53 AM   #12
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Quote:
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Keep in mind, if the dude is under 17...it's his parentals that are legally responsible. :-)
Good point but I believe he was 18
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Old 04-07-2008, 09:55 AM   #13
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who was the veh. registered to?
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Old 04-07-2008, 09:57 AM   #14
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Quote:
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who was the veh. registered to?
That is another option, make a claim to the owner of the vehicle or sue them.
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Old 04-07-2008, 09:57 AM   #15
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So, his family shows up, seems to have money, yet he's driving with no insurance??? Something's fishy here - he's going to have to play hardball and get this whole circus-family straightened out by pressing charges or whatever. He could've been killed here...
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Old 04-07-2008, 09:58 AM   #16
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Polo1000RR,
Sorry to hear about your cousin and his bike. Note, just because he doesn't have insurance, it doesn't mean that he's judgment proof. There are ways that a lawyer can legally find out what assets a person has.
In other words, I wouldn't let this go so easily. This "kid" needs to learn his lesson and shouldn't be allowed to walk away scott free.
Correct me if I'm wrong, but aren't all drivers required to carry at least liability insurance? How else does one register their vehicle w/ TX DOT? I know you need proof of insurance for that.
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Old 04-07-2008, 09:58 AM   #17
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And if they were racing - it gets really serious.
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Old 04-07-2008, 10:00 AM   #18
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Quote:
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That is another option, make a claim to the owner of the vehicle or sue them.
Exactly.
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Old 04-07-2008, 10:00 AM   #19
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Quote:
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That is another option, make a claim to the owner of the vehicle or sue them.
+1

but pretty much sounds like your buddy is outta luck. sorry to hear that...but as stated in a previous post....having "uninsured/underinsured motorist" is VERY VERY important. it's only a couple bucks more a month, and well worth it.
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Old 04-07-2008, 10:01 AM   #20
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Quote:
Originally Posted by Polo1000RR View Post
He only has liability!

The dudes whole family showed up at the scene and they appeared to have money. Maybe if we show them a little that we want to go to court they might cough up some money!
It might be worth the cash to have an attorney draft a strongly worded letter to the family. If its made clear that your buddy is only seeking to be "made whole" in his losses and isnt seeking anything else, they might just pay to get it to go away.
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