58 replies to this topic

[Omega Mugen]

In Bryman's world, this is irrelevant. I may or may not NEED the money, but the PRINCIPLE is this: Their dog, law says they're responsible, they pay. Simple as that. Everything else is extraneous info w/ no real bearing. BTW, my job has some pretty flexible hours (I'm a home health Occupational Therapist and I set my own schedule) so even though I TRULY don't want this to go to court, I could if need be.

<{POST_SNAPBACK}>

Bryman, why sue for the principle? You're not going to change the world with this lawsuit, so why ? If you really want the money for their share of the accidient, so be it and good luck getting it.

Another thing, the accident is not entire the dog owners fault. Fault is normally divided into percentages, with each party involved getting part of the blame. But this depends on the state law. In Maryland, for example, there is no fault. When there is an accidient, each owner of the vehicle pays for his/her own damage, no matter who caused them. I really think this makes people drive like shit in this state, but that is another matter entirely. In Minnesota, where I used to live, fault was divided to each involved, and no one ever got 0% of the fault. You received at least some fault just by being in the wrong place at the wrong time.

I think your hitting the dog is at least partially your fault. You are supposed to control your vehicle in a way where you must be able to stop should something dart out into the roadway. If that were a kid you hit, you would be in some deep doo doo, even if the kid was an idiot and ran into the road. Obeying the speed limit does not mean that you are free of responsibility. I am not saying you are entirely at fault, but more like partially responsible, at least.

[JDN14]

Ive never heard of these percentage things....i HAVE heard of no fault though. Id like to think that if there's a law stating the dog MUST be on a leash and im doing nothing wrong when i hit it, it is in no way my fault.

[Condor]

NC is an at fault state. It's definately the owner of that dog's fault.

Kids/people get run over all the time here, for running out
in the road. If he was going the speed limit, paying attention,
wasn't drunk etc., the chances of having no charges filed
would be very good.

See it on the news every night "...and no charges are expected
to be filed against the driver of the car"

[Omega Mugen]

Well, if that is the case then, I'd say you can win in court.

[bryman10]

***UPDATE***
Well, not really much of an update, but....
I dropped the 2 estimates (as asked) to her (dog owner wife) on wednesday. I explained again (VERY nicely, I might ad) that I've done a lot of digging and it really is in everyone's best interest just for her to pay me out of pocket. I explained my side (insurance rates will go up bigtime, me trying to be overly kind and give her the cheapest way out, etc.) and she gave me her side (standing firm that her insurance says DON'T settle out of pocket and that she's going to let her husband handle it, etc.).
Ugh.
OF COURSE her insurance is going to tell her that! They'll just raise my rates, then my insurance will go after hers, and then they raise her ins. too. It's a WIN-WIN for the ins. companies, so of course they'll say that!
I'm starting to get agitated because I just feel like she's being an idiot and can't see that paying me is the best/easiest/quickest way out.
I told her on wednesday that I REALLY need to hear an answer by friday (yesterday). She said her husband would call on wednesday, but of course he didn't. This was after she told me before he would another time but did not. Needless to say, I didn't hear anything friday or saturday (today) either.
I'm going to call her again tomorrow (sunday) and offer a last ditch SUPER NICE option:
I'll pay the $100 deductible (If I would have hit a deer, tree, etc. I would have to pay that anyway) and all she has to do is come up w/ $250.
If I don't get a reply by tomorrow night, I'm calling the cops, AND animal control AND taking her stupid a$$ to court. I'll be using the HIGH estimates then.
Since I KNOW she's at fault, and I've got all the evidence, I know I'll win.

Then when the judge finds in my favor for $1000 or so, and I'm walking out of the courtroom w/ a big ass smile on my face, I'll look over at her and say:
"Shoulda just paid me the $250 huh?........stupid bitch."

Some people just never learn....
[SIGH]

bryman

[signman]

Then when the judge finds in my favor for $1000 or so, and I'm walking out of the courtroom w/ a big ass smile on my face, I'll look over at her and say:
"Shoulda just paid me the $250 huh?........stupid bitch."

Some people just never learn....
[SIGH]bryman

<{POST_SNAPBACK}>

I know exactly how you feel on this one. We have a leash law in my county as well. I was walking my Rottweiler down the street one afternoon to my parents house when the neighbor's 2 dogs got loose and ran up the road and jumped us. The dogs are a chow mix and one was trying his best to get at my dog (Moses) and the other was circling and biting at me. I think I could have just let Moses go and he'd ate their asses up, but I didn't. My parents were outside and saw the whole thing and my dad came running up with a broom yelling at the dogs and they finally ran off. None of the dogs were injured too bad just some minor cuts on Moses (luckily he never got a hold of the dog), but in the process of kicking at the dogs I tore something in my knee. I called the animal control right away. When he got there the other dog's owner happened to be outside with another neighbor and the dogs were still running loose and tried to jump the animal control officer. He threatened to spray the dogs and take them if she didn't restrain them. I later got a copy of his report. The dogs also got loose and bit a young boy about 6 months prior to my incident and he went to the doctor, but didn't need stiches or anything so that family paid for the doctor visit and didn't push the issue. Anyway I called the dog's owners, told them I had health insurance but with surgery and everything I still had a $1000 deductible to meet so I asked if they could help out on that. I even offered to pay for half of it even though it was clearly not my fault. Their son and mine were good friends so I was wanting to "keep peace" in the neighborhood. They told me they didn't have that kind of money and that their homeowner's insurance wouldn't cover it because it didn't happen on their property. Wrong! I got a lawyer and it never went to court but their homeowner's insurance co. settled with me for $11,500. Idiots could have just given me $500 and that would have been that. It took almost a year for me to get that money but I'm glad it turned out the way it did. There homeowner's most likely went up and I don't know how much (if any) deductible they had to pay, but I'm betting they're still feeling pretty damn stupid about the way they handled the situation.

When I was playing devil's advocate with you in my earlier posts it's because in my case, in my county, my lawyer said I needed to proove negligance even though there was a leash law. Even though I had two witnesses, the animal control officer's statement that they were extremely aggressive and running loose, and a statement from the boy's parents that was attacked earlier I still ran the risk that I might not win in court. The dogs were chained up normally but they had gotten loose. Because they had tried the invisible fencing earlier in the year but had problems. Then they tried a wire fence, but they dug out off a few times so they went to chaining them to a tree. He said the judge MIGHT see it as they were making "efforts" to control the dogs and not see "gross negligance" and there was always that slim chance he might not rule in my favor. Seemed pretty cut and dry to me who was at fault, but like he said you just never know how things might play out in court these days.

One quick piece of advise. When you make them your next offer do it in writing and make sure you send it certified so they have to sign for it. Keep a copy for yourself. This way if it goes to court you can have definate proof that you went out of your way to settle this without going to court. I think this will impress any judge.

Good luck,
Paul

[bryman10]

Paul,
That's a great story. I'm glad everything worked out for you there, as it sounds like you were trying to do the nice thing, too. In your case, there was DEFINITELY some nice evidence (witnesses, etc.), not to mention those dogs seem to have a history of "aggressive" behavior.
In my case, "Jasper" (boxer/pitbull mix I hit) is a nice dog, I was petting him and such after the accident, and he was very calm and friendly about everything. The owner stated that he's normally ALWAYS on a leash, but he just bolted out of the house (something that I think ALL of us dog owners have dealth w/ one time or another).

It's just amazing to me that people can't see how much easier it is to just compromise a little to benefit everyone.

Great advice, btw on the certified letter thing.
I'm going to do that tomorrow.
thanks!

bryman

[bryman10]

Well,
Just got off the phone w/ Jim, the fucktard husband/dog owner. He basically asked me to deal w/ him from now on (wife is apparantly too stressed out to deal w/ this anymore---yeah, I know how SHE feels )

Anyway, he offered me $200 saying "You can do whatever you want or whatever, it's christmas time and money is tight but that's the best I can do".
I told him I was thinking about it and I agreed to cover the deductible, leaving him w/ $250 balance. He paused and then said "Fine, how do you want to handle getting the $250".
I said I'd like to get it as soon as possible, just to be done w/ this situation.
He says "I'll tell you though, we're having trouble making ends meet and you'll have to wait until the first of the year".
Me: "So, January 1st then?"
Him: "Well......(pause).....it'll have to be January 15th...I'll have it all by then".

Although I'm still a bit annoyed at his "oh well, Mr. Blase, you'll-get-what-I-give-you" attitude, I guess it's better than having to fight it out in court so I reluctantly agreed.

Me: "The only thing I ask, is that you agree/sign a letter to that affect saying you are 100% at fault/responsible and that the total amount of $250 cash will be paid by January 15, 2005 at the absolute latest. etc. etc. to be signed by both of us as a legal document and witnessed as such".
Him: "OK, fine."
Me: "OK then, but understand if I don't have the full $250 by then I WILL take you to court."
Him: (in a "I-don't-really-give a-shit voice) "Whatever".

Me: (a little suprised at his poor, lax attitude)"Alright, I'll type something up and drop it off to you at your work tomorrow or tuesday."
Him: (already half hanging up the phone) "Yep". CLICK.

Better than the alternative I guess....

I'm still going to file a police report AND call animal control....of course that's AFTER he signs the document

bryman

Edited by bryman10, 12 December 2004 - 06:12 PM.

[skrzastek]

just make sure you get the documents signed first, then go after the ass

[bryman10]

I'm still going to file a police report AND call animal control....of course that's AFTER he signs the document

bryman

[bryman10]

****UPDATE****

Well, seems I'm dealing w/ people who don't take any responsibility and feel they're above the law.
I tried to settle this peacefully and w/o going to court, but because the dog owner's haven't returned any phone calls and don't feel responsible,
they've left me no choice but to take them to court.

Paperwork filed this past monday....stay tuned.


bryman

[skrzastek]

go get them

[bryman10]

*****UPDATE*****

Well, I finally had "my day in court". I TRULY didn't want it to come to this, but they left me no choice.

GOOD NEWS: I won my case (hippy-hooray)!

BAD (or potentially bad) NEWS: Still have to collect judgment.

I guess I shouldn't have been suprised that her defense was basically to LIE her ass off ("He was impossible to deal with, your honor"; and "I responded promptly to his insurance representative's call"; and (my personal favorite) "He left threatening and harrassing messages on my phone".)

Yeah, right. You're nose is growing bitch.

Anyway, besides her blatant lies I thought it was quite sad that she coerced her CHILDREN into lying also.
They were basically trying to prove that I was some super speed demon, hellion driver purposefully trying to run down their dog or something.
Especially un-nerving was her older daughter claiming that she saw the entire accident (when she was 80 yards away on her porch on the OTHER side of the street and OTHER side of where the dog met my bumper).
Apparantly, she has super-eagle-X-Ray vision.
Fortunately, the judge saw through all their BS and lies, and awarded me the monetary judgement.

Now I get to wait even LONGER and file more BS paperwork to get closer to actually getting payment.


Bottom line?

She could have paid the $250 6 weeks ago, and it would have been a done deal---NO insurance involvment, NO raised premiums, NO court judgments, etc.
BUT...
What does she have NOW?
She's going to end up owing me probably about $700 or more PLUS she gets a nice fat court judgment as a permanent wounding scar on her credit report for the next 10 years, AND my insurance company can (and will) still pursue her legally, most likely ending her up w/ collections with ANOTHER blemish on her credit report.

Some people just don't learn...

bryman<-----asks "Why do I always end up having to deal w/ the morons?"

[down4ce]

Glad it worked out for you Some people have no shame I can't belive they lied like that. Later TT

Down4ce<-------good people always have to deal w/ the morons