Legal Advise needed

[Bigrick31 10+ year member]

Ok so back in june i was rear ended in my audi a4 (about a month old) and the car was totaled. (heres the origional thread i posted when it happened. http://www.caraudio.com/vb/showthread.php?t=103817) so they eventually cought the guy who did it and asked me if i would like to file charges or settel a civil agreement. I said proceed with the charges! so the other day i get a letter in the mail stating that if i wanted i could sue the man that hit me.

Before i go any further let me tell you what happened with my vehicle and the insurance.

I purchased the audi in may i put down $3500 and i had it untill june sometime when it was rear ended and totalled. my insurance paind off the remeining balance of my loan and i received a check for $1500 i then went and bought an 04 silverado and had to put down $2500. so what i am thinking is that 3500+2500=6000 and 6000-1500=4500. that is the amount the accident cost me. becuase if i was never hit i wouldnt have had to go and get a new vehicle. and also another way to look at it if i knew i was going to get hit i woulndt have put that much down on the audi. so i was considering trying to get $4500 from the guy who hit me. and i was wondering if this would be reasonable.

Also due to the fact that i had to purchase a car in a very timely manner (they wanted the rental car back as soon as they found out my car was totaled so i didnt have any time to really save up a lot of money.) this left me short of funds and made my life a nightmare financially for the longest time of which i am just getting back to having a steady balance in my bank account. mostly due to the fact that i have spent $6000 on cars alone this year. and i also had to miss a few days of work to get the rental car and to talk with insurance and the body shop about my audi.

So if you were me what would you do? do you think it reasonable to ask for $4500 ?

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[ndnbolla 10+ year member]

I think it would be ok to ask for a little bit more because of the misery he put you through and the work days that you missed where could have been making money.

so... $4500+money you would have made on work days+ the value of the misery he put you through

but don't take my word since i have no clue about giving legal advise.

 

[Lil Poot 5,000+ posts]

kick his ***, seabass.

 

[netherland24 5,000+ posts]

put it this way... how much for lawyers fee's? how much of work did u loose? how much of ur car did u invest EXTRA that u dont use? if so it should run around 6,500 if not less then 8,000 for sure.

 

[OldManTod 10+ year member]

**** and fuqing pillage for as much as you can, because you know somebody would do it to you.

Over a year ago some stupid fuqnozzle hit my wife head on because he was d!cking with a lit cigarette that the a$$clown dropped.

To this day, (a year ago 10/28) nothing, we have not seen a red cent. We had to get a loan to cover the negative equity that was incurred due to a third party warranty that we financed (and the underwriting company coincidentally filed chapter 11) and I am still paying on that loan.

I gave his insurance company every opportunity to make it right, all we wanted was the car paid for and medical bills covered, no pain/suffering or anything and all Nationwide could say (actually Climon "the man am keeping me down" Lee) is that "we are not accepting responsibility for this accident at this time". Turns out, Nationwide was trying to weasle out of paying because their insured had come from a dentist appointment. Fuqqers.

Go for all it is worth, good luck and I hope you screw somebody over soo bad that they can never sit again. Figure out how much you want and then add a grand in memoriam of my situation.

T

 

[hcoronado 10+ year member]

you can take the guy to small claims and put it to the judge that there was lost time from work and the stress and the finacial dificulties you have encoutered because of this.

I mean if you can prove that they guy was out to get you! then it would be different.

My wife who is studying law says that you will have better chances takin him to small claims since the amount does not surpasses $5,000.00 and geting a lawyer is almost not worth the time and money. Small claims do not follow the same procedures as civil courts so your chances are better. Bring all the evidence that you can gather........reports, pictures, statements and final judgement from your insurance company.

good luck!

 

[Gauntlet 5,000+ posts]

^ Small claims depends on the state, in Ohio you can only ask for up to $3,000.

 

[Bigrick31 10+ year member]

this is different though its the DAs office sending me a form asking me if i feel that the insurance companie took care of all my losses or if i feel that i am owed something more out of the situation.