How are those insurance settlements that injury lawyers advertise possible?

[ASL_v2.0]

@robby

But to also close the door to civil litigation as well? That seems like a failure of the system to me, and which can encourage some people to take the law into their own hands (i.e. vigilante justice).

The door is not so much closed as the price to unlock it costs more than the mystery box on the other side could possibly yield in return.

[robby]

@ASL_v2.0

@robby

But to also close the door to civil litigation as well? That seems like a failure of the system to me, and which can encourage some people to take the law into their own hands (i.e. vigilante justice).

The door is not so much closed as the price to unlock it costs more than the mystery box on the other side could possibly yield in return.

I was referring not to the statement in which the lawyer refused to take the case, but instead to the statement that “[h]e also advised her that she’d likely lose in Small Claims court because of not being able to identify the actual driver.”

So in other words, running away from the scene of an accident after drunkenly crashing into another vehicle pays off. That is the failure of the system.

Again, I can possibly see how that might be ok in a criminal case with its higher burden of proof, but a civil case? Who do they think was driving the car? Did the drunk driver even bother to report it stolen or taken without his permission?

[doreen]

@robby

Who do they think was driving the car? Did the drunk driver even bother to report it stolen or taken without his permission?

It didn’t have to be taken without permission for someone else to be driving it. Just because you or I wouldn’t let someone else drive a car we rented without notifying the rental company doesn’t mean other people don’t.

[Inigo_Montoya]

@robby

Who do they think was driving the car? Did the drunk driver even bother to report it stolen or taken without his permission?

This is my biggest problem with not pursuing the matter. In every venue I am familiar with, denying an insurance claim because the car was “borrowed without permission” is an incredibly difficult thing to pull off unless the vehicle was legit stolen by a stranger. Barring that, the claim against whoever rented the vehicle becomes one of negligent entrustment, making them responsible for the actions of whomever was driving.

Worst thing that happens in Small Claims Court (needscoffee v. Car Renter & John Doe car driver) is you don’t prevail and are out the $75 (or whatever) filing fee. But if the defendant doesn’t show, there’s a good chance you prevail on default and are awarded what you asked for.

IANAL, etc.

[ASL_v2.0]

@robby

I was referring not to the statement in which the lawyer refused to take the case, but instead to the statement that “[h]e also advised her that she’d likely lose in Small Claims court because of not being able to identify the actual driver.”

I’m not sure I understand the issue. That is the attorney’s opinion. Whether it is legally sound or not, I don’t know. I don’t practice personal injury law or other tort claims. But that’s not the system closing the door to justice, that’s @needscoffee’s daughter declining to test it based on the attorney’s advice.

Kafka’s parable, Before the Law, applies. It’s a very short read (like, two pages, tops):

Before the Law

We take the gatekeeper’s word for such things at our own peril.

@Inigo_Montoya

But if the defendant doesn’t show, there’s a good chance you prevail on default and are awarded what you asked for.

But then of course you have to try and collect.