Okay, I know we have had a thread about not asking for advice and all but I am at the end of my rope with this whole thing and I know that we have a lot of smart people here who could give me a few directions to go in with this situation.
Most of you will remember that my son was hit by a car in May.
Here are the details: The woman who hit my son is uninsured, unlicensed, on well-fare, and now driving around with expired tags. She hasn’t even filed her accident report which is supposed to be jail time, a big fine, and her not being able to register a vehical again.
The police say there is nothing they can do until she gets caught again.
I have called every lawyer from a-z in my phone book and no-body will take the case without a lot of money which I don’t have. Legal aid doesn’t do personal injury cases, so they are out also.
I now have medical bills and such pouring in, and he is due to have another surgery next month which will mean more.
We can’t even file for victim restitution because we make too earn too much money for their help.
There is a two year statute of limitations on this case.
I have been told by lawyers and the police to just be thankful that it wasn’t worse.
Don’t get me wrong, that was the worst thing that has ever happened to me, and I am ever so happy that it wasn’t worse.
What I don’t understand is why we went through the emotional hell we have, and now the money hell, but she is getting off scot free.
I just found out that because of the way his leg was broke, and that he had to have rods put it it that not only did this woman ruin his summer, but the rest of his life. He will never be able to be in the Army, or play sports. Both of which he wanted to do.
So, if you have gotten this far I guess the question is, can you guys come up with anything I might have missed? Some other way of justice. (without sending out a lynch mob, which is what one of my friends would like to do!)
It sounds like even if you do sue this woman, it won’t do you any good. If she is on welfare, what would you win, her food stamps? Try finding some insurance to cover medical expenses, and hope this woman gets her come uppance soon.
I’m not sure that you even need a lawyer, do you? Isn’t a person allowed to represent themself in court? If thats the case, just tell it like it was, and you should be taken care of, right?
I can absolutely not understand how a lawyer or police could say there is nothing they can do. I’d bang that drum a bit harder. There have been criminal actions, beyond the vehicular category, and I can’t fathom how the police are unable to press charges.
I’d spend some serious time in a library researching anything the cops or sharks have told you.
I’m almost certain this is wrong, but I thought I’d throw it out there just in case.
My car insurance has “uninsured motorist” coverage, which means that if some idiot without insurance hits me, I’m not SOL for damages and medical expenses. I’m guessing this only counts in car-on-car accidents, right? No chance of it working in a car-on-pedestrian accident as well?
It sounds even less likely as I type it out. Well, just a thought…
If you are footing the entire medical cost, then as I understand it there is very little you can do. If your health insurance, or your car insurance picked it up, then they are out some serious money, and would get it back if there was any way feasible. It sounds like there isn’t.
This is just a WAG, but you might want to talk to a private detective, and see what it would cost to find her and get some general info about her, such as how she spends her time. This would be money spent by you to possibly get revenge. It is unlikely to help you in any way, and would just be to punish and hurt her.
Under normal circumstances I would say let it go, but I also know that if it was my kid who got hit, I would have trouble following my own advice.
I am still so sorry that you are having to go through this.
Unfortunately, if the woman HAS nothing, you will be able to GET nothing from her.
Even when a person HAS resources that allow you to sue, when you take the attorney’s fee out of what you recover, you may not end up with anything.
Of course, I realize that it is the principle of the thing that concerns you the most. I agree. And, I believe that “what goes around comes around,” or if you wish, Karma. I believe that she will get what she deserves. You may not ever know this when it happens, but I believe it will.
All I can say is, ((((((((((Cristi and family))))))))).
Life stinks sometimes, but at least you are fortunate in having a loving relationship with your son and husband. Many people are going through things like this with much less.
Although I have no idea where you live, or the laws of your local jurisdiction, you may be able to sue her on your own and get a judgment against her. Don’t collect the judgment immediately and hold on to it for a while. That way, if she ever does get any assets, then you can collect on your judgment and take 'em away from her.
Keep in mind that this is a very gross simplification and may or may not apply in your state.
Scotti, I know that she will eventually have to answer for this in some way or another thru Karma. But as you said I will probably never know. It is just so frustrating.
If we would have had car insurance ourselves it might have covered it. We are on a very limited income and we had to drop it for a few months. Go figure that something like this would happen in that window of time!
Our medical insurance and his bio-dads insurance has picked up quite a bit of the bills but what is left is still pretty steep.
In Iowa our well-fare system is so that you can only be on for five years and then you are done. Her daughter is the same age a Josh 9. Even if she hasn’t been on for that long (which is doubtful around here) she is getting close to being cut. She will find another way around to get back on. Even though we have the five year rule, they make all these exceptions and loop holes.
I have been there so I am not knocking people on well-fare, just those who make it a way of life and don’t look to better themselves.
If it would have been me who hit her child I would be in a whole hell of a lot of trouble.
I am so upset mostly that she just doesn’t care.
Her first reaction was (before she even got out of her car) to sit there and yell "oh God I don’t even have a license! Her second statement was “Doesn’t he know that it is the third of the month and I am here to cash my check?”
While I was sitting in ICU with my son her daughter was knocking on a neighbors door asking for a ride to school. Soaked to the bone in a thunderstorm and already late and missed breakfast. She couldn’t get 1 out of 6 adults in her house to wake up and give her a ride. It really is sad. I used to bake the little girl a birthday cake every year because we share a birthday.
Why should this waste of humanity not be held accountable for her actions because she is to lazy to get a job?
There are many of us even here who have up to 5 kids and still manage to keep a job. In Iowa there is even a program in which you can get the state to pay for your babysitting needs. And you get to pick the babysitter so the only worries about the care of your child are on who you pick since it isn’t a state run daycare situation.
So why not work and feel better about yourself? I know, some people just have no urge to be a productive part of society.
Thank you guys! If anything this is helping me just to get all this off my chest. My husband is on the program that nothing is wrong and we just have to deal with what comes. He hasn’t talked about it since the nite it happened and I doubt he ever will.
2)Contact the local paper and see if they’d like your story as human interest. (Papers often love to smear flawed laws in print.)
3)If that fails, write a letter to the editor of your local paper, omitting her name, making sure to enhance the fact that no lawyer will take the case and she is running around happily uncharged for anything. (Sometimes that will get you public sympathy and lawyers might call.)
4)Write a letter to the States Attorney demanding to know why nothing can be done.
5)Write a letter to every Florida congressman/woman concerning the incident (in great detail). At least 1 will investigate.
6)Write a letter to the Governor.
NOTE: NOT E-MAIL!! Hard copy letter! E-mails to congress people mostly get auto replies, scanned by secretaries and few reach the person you chose.
Thank you Skribbler. I will try all of those. I have seriously thought about going to the paper and now I really think I should.
As I said I don’t get much input from the home front on this and everybodys encouraging words help so much. I know my husband cares, and I know that he is upset about it all but he is the type of person who keeps anything emotional all inside.
And I was wondering about writting those people in Floridia? Wouldn’t it make more sence to write people in Iowa?
I think Skribbler’s advice is good. Writing letters to papers and congressmen/women usually works. You may also want to try some of the churches in your community. They are usually pretty good about helping out.
That really does suck that this woman is getting off scott free while you are stuck paying for her negligence. She should’ve at least been arrested for not having a license and insurance. I hope everything works out for you. Good luck!
By all means, write those in your State first. I wrote to Senators in several States concerning something different, which would affect all States. Be expressive in contacting your representatives.
BTW, contacting local officials of the city counsel usually gets one nowhere. They’re not interested in you alone.
You’ll find mailing addresses under government listings for your State on the web.
I did forget to mention the reason she wasn’t sited for anything other than no insurance was because it was a private parking lot.
One officer told me that you can pretty much get away with anything on private property. I just don’t get it.
You don’t have to have a drivers license on private property, but you had damn well better be insured!
Another thing is to find this out I had to go down to the police department. You see, the day Josh was hit was the day that Clinton was in town and all officers were told to finish up what they were doing and report to the school where the president was.
His accident report was incomplete, and there wasn’t an officer at the hospital for me to talk to. As far as I know they shoved him in the ambulance and took off. Aren’t they supposed to do a follow up with the parents or next of kin or something? They should have went to the hospital and waited for one of us right?
I got arrested on private property years ago. A bar parking lot. I was too drunk to drive and chose to sleep myself sober in the car. Everyone left and the cops saw me there and I got arrested. Private property didn’t stop them.
The accident report has to be completed.
A person can be charged with an accident when a person is injured by a car on private property which has public use.
I don’t know if they have to notify you or wait for you at the hospital.
You can take her to small claims court without a lawyer. You can get a judgment against her but, most states will not enforce the collection of such judgments. You don’t need a lawyer for small claims. The fee, I think, is a $50 filing charge. Once the judgment is in, it remains. If she doesn’t pay, you can take her to court again. Check to see what the statute of limitations is to take her back to court.
Using the judgment, you gain time to accumulate cash to get a lawyer to have the courts slap a lean on her income plus sue her for the initial accident.
I’d suggest you actually contact the Judge Judy show. #1, they’ll pay you to show up. (I didn’t know that.) #2, she can be subpoenaed to appear and you get to embarrass her in front of millions, #3, the judgment from the show is legal and can be used later for different suits.
You have to write those letters. You have to make a big noise. Write your story to the local letters to the editors of your newspaper.
She may never get to jail, but you can cause her a lot of trouble. You can even contact the welfare department about her actions. People can be kicked off of welfare.
Well, I got ahold of the county attorneys office today, and his legal secretary told me that he would probably tell me the same thing that every other lawyer already has.
I am going to call the Mayor tomorrow and then the newspaper.
I realise that I probably won’t get a settlement and that is not really what I am after anyway. I just want her to know that she is accountable. I know you guys already know that but why can’t I get people around here to understand that.
And yeah, maybe with a public interest story I might get a sympathetic lawyer to offer to help.
Judge Judy? I dunno, she’s awful scary. Even to the people who are in the right. I will keep it in mind though.
Thank you so much for the support. It really does mean alot to me. I feel so whiney about the whole thing at times and you guys have been great. You will really never understand just how much I appreciate this.
I will keep you all posted if anything happens, good or bad.
I have nothing else to offer save my prayers and best wishes. I hope this works out for you. I honestly don’t know how I would feel. I don’t have any children of my own, but I can imagine I would be nothing less than terribly upset and wanting revenge.
I also think that Skribbler’s advice was very good.