Need some legal advice with a situation that happen with my car.
03-29-12, 05:26 PM
#18
This is my understanding of the situation, and others can correct me if I'm wrong. Here are the steps:
1) File a police report (you've done this already)
2) File a comprehensive claim with your insurance company under vandalism, and inform them of the fact that you filed a police report and have identified the perpetrator
3) The insurance company will cover your damages under the comprehensive claim (you will pay the deductible)
4) The insurance company can then decide whether to pursue the bouncer for the payment they made for damages
This is my understanding of the situation, and is backed up by multiple results when you Google situations like this: http://carinsurance.about.com/od/Car...nce-Claims.htm
The only part I'm not totally clear on is if and how you and your insurance company can recover payment from the bouncer after the car is fixed. You'll be out the deductible, and the insurance company will be out the rest - obviously the bouncer owes you this money, I just don't exactly know how that works.
1) File a police report (you've done this already)
2) File a comprehensive claim with your insurance company under vandalism, and inform them of the fact that you filed a police report and have identified the perpetrator
3) The insurance company will cover your damages under the comprehensive claim (you will pay the deductible)
4) The insurance company can then decide whether to pursue the bouncer for the payment they made for damages
This is my understanding of the situation, and is backed up by multiple results when you Google situations like this: http://carinsurance.about.com/od/Car...nce-Claims.htm
The only part I'm not totally clear on is if and how you and your insurance company can recover payment from the bouncer after the car is fixed. You'll be out the deductible, and the insurance company will be out the rest - obviously the bouncer owes you this money, I just don't exactly know how that works.
This also answers your last question about recovering payment for the car if it is already fixed. You can go ahead and have the damage fixed while pursuing criminal charges. Youll be out the deductible up until the bouncer is found guilty and ordered to pay his fine/court costs/ resitution. You have pics, the Officer/detective has pics and personally seen the damage go ahead and get it fixed.
03-29-12, 06:05 PM
#19
did you witness him actually hit your car?? If no, good luck. because if I'm a lawyer, I'd say your story has more holes in it than solid concrete evidence.
And please explain something, how does one just magically get mess with by a bouncer? Didnt like your shoelaces
All I'm saying is you have a tough case, you didnt get a police report filled out on site. You said you didnt want to do anything because there were minors around?
If that's your story, you've got a tough road ahead of you
03-29-12, 07:07 PM
#20
Intermediate
Thread Starter
positive or helpful...sure
did you witness him actually hit your car?? If no, good luck. because if I'm a lawyer, I'd say your story has more holes in it than solid concrete evidence.
And please explain something, how does one just magically get mess with by a bouncer? Didnt like your shoelaces
All I'm saying is you have a tough case, you didnt get a police report filled out on site. You said you didnt want to do anything because there were minors around?
If that's your story, you've got a tough road ahead of you
did you witness him actually hit your car?? If no, good luck. because if I'm a lawyer, I'd say your story has more holes in it than solid concrete evidence.
And please explain something, how does one just magically get mess with by a bouncer? Didnt like your shoelaces
All I'm saying is you have a tough case, you didnt get a police report filled out on site. You said you didnt want to do anything because there were minors around?
If that's your story, you've got a tough road ahead of you
03-29-12, 07:24 PM
#21
dude if i was lieing about anything i wouldn't have wrote what i did and admitted to my mistake i got in the car and not only did i witness it but also 3 other people did. Also when i said i did not want to call the cops on the spot is because if they knew about the minors they would have shut down the place asap and i actually know people who work there and they need that money to survive so i did not want to be selfish i don't know how they do it in your town but in NY in the "hood" is not as nice as you expect
03-29-12, 07:58 PM
#23
BANNED for ripping off other members
iTrader: (-1)
Join Date: Jan 2009
Location: ny
Posts: 434
Likes: 0
Received 0 Likes
on
0 Posts
rolando, my advice is to pursue with legal actions, you have a police report, provide the proof to your insurance and i'd proceed with small claims court. the bouncer is in no right to cause damage to your property, more so if you're actually inside your car driving away from the location. surveillance cameras are helpful. although i doubt the owner may release them without a fight. try to speak to nearby store/building owners to help you with their surveillance. some of the people don't understand the new york mentality, you get stomped and shot at for kicks, and the night scene here is no exception. alot of bouncers here have a sense of superiority and think they're untouchable, and actually pick random verbal arguments. people comment and give their .2 cents but have no idea on the different territorial barriers. just because your "neck of the woods" is a certain way, does not mean the entire planet is the same
03-29-12, 09:09 PM
#24
Rolando, sorry to hear about the drama. I know I've been to many calls with my fire dept to closing time at night clubs. I don't know why he followed you and you already admitted you shouldn't have thrown an object at him. That didn't give him the right to follow you down the street and hit your car. I'd call a lawyer who'll give you a free consultation and they'll be able to give you an idea if you have a case. Good luck.
03-29-12, 09:19 PM
#25
This is correct up till #4. If it was a civil suit then the insurance company would sue the bouncer or his insurance companty. Or if this was going to go to small claims court then the OP would diectly sue the bouncer. But since this is a criminal case the bouncer will be held liable to cover the cost of the damages (usually just the deductable) by the criminal court.
This also answers your last question about recovering payment for the car if it is already fixed. You can go ahead and have the damage fixed while pursuing criminal charges. Youll be out the deductible up until the bouncer is found guilty and ordered to pay his fine/court costs/ resitution. You have pics, the Officer/detective has pics and personally seen the damage go ahead and get it fixed.
This also answers your last question about recovering payment for the car if it is already fixed. You can go ahead and have the damage fixed while pursuing criminal charges. Youll be out the deductible up until the bouncer is found guilty and ordered to pay his fine/court costs/ resitution. You have pics, the Officer/detective has pics and personally seen the damage go ahead and get it fixed.
03-30-12, 04:22 AM
#27
dude if i was lieing about anything i wouldn't have wrote what i did and admitted to my mistake i got in the car and not only did i witness it but also 3 other people did. Also when i said i did not want to call the cops on the spot is because if they knew about the minors they would have shut down the place asap and i actually know people who work there and they need that money to survive so i did not want to be selfish i don't know how they do it in your town but in NY in the "hood" is not as nice as you expect
Anyway, you state that you didn't want to call the fuzz when it happened because there's illegal stuff (minors) on site and you're concerned about the ability of your compadres to keep working and not having the joint shut down. Seems to me that anything you start pushing through the courts could bring additional attention to the establishment. Is it worth the cost of your deductible to run that risk for the people who 'need that money to survive'?
I'd personally leave this one alone and chalk what happened up to instant karma.
ds
Thread
Thread Starter
Forum
Replies
Last Post
Downfall75
GS - 2nd Gen (1998-2005)
55
09-22-07 01:50 PM
