Lawyers?

[Hit_Sqd_Maximus 0]

Is anyone on this forum a lawyer or is currently studying law?

edit: oops

[Tex -USMC- 0]

lawyer. The 'y' is what makes the word, Max

[Albert Schweitzer 10]

I may assume you want an answer to a legal issue? Well then I can tell you that it very much depends on the country you are from and definetly also the field you are talking about. Private law? Public law? Statutory law? Case study law? bla bla bla. Come forward and speak up. Or do you need legal assistance because the CIA server kicked you?

[Tex -USMC- 0]

Max is from Oklahoma, so I can safely assume that he got pulled over because the inspection sticker on his cow was out of date.

[Hit_Sqd_Maximus 0]

CIA server kicked me? Where was I when this happened?

Anyways, I need some help w/ some traffic laws.   Legally I was at fault(did not receive a citation though) because I failed to yeild and pulled out in front of her, but the other driver was being neglegent and driving faster than what the conditions could have allowed(20 foot visibility from frog) and she had no headlights on. The speed limit was 55 mph, but when I was talking to her she said she didn't even see me(she was 1/2 a mile away by the time she stoped), so she was going faster than what she could see. The insurance companies saw it as 50/50 fault, so they only payed half of the 25,000 liability coverage and the other half came from their policy, but the car was worth 26,640 and they want me to pay the difference(1,640).

This is from the oklahoma traffic code.

Quote[/b] ]notwithstanding the posted speed limits, any person driving a vehicle shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the roadway and any other condition then existing; and no person shall drive any vehicle upon a roadway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead (Title 37 – Traffic Code, Chapter 6 Section 618).

So my question is, do I have grounds to fight this? or should I just bite the bullet and cough up $1,600.

[Albert Schweitzer 10]

That is the statue. very nice. But in the US you got Case law, which means if you can find a simillar case that happened elsewhere you might be very well able to succeed. But in order to find such a past case you need a good lawyer. You need to look up a case with comparative negligence, best is if you find one that happened in YOUR state.

Did you have a look at this one: http://www.ourpeak.com/spatin/negligence.html

Comparative negligence comes into play when it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person". For example, suppose one person was driving too fast in a patch of dense fog on the highway and hit a car -- but the car that was hit did not have its lights on as it should have.

In a situation where each party has some degree of negligence in causing an accident, the responsibility to the other person(s) is reduced by the others' degree of negligence. For example suppose a jury decides that the driver going too fast in the fog was 60% responsible for the accident, while the driver without vehicle lights on is 40% responsible. If the driver who didn't have his lights on would have recovered $10,000, his recovery would be reduced to $6,000 because of his 40% contributory negligence. Whether the speeding driver would recover anything will depend on state law -- in some states the driver who bears over 50% of the responsibility would recover nothing, not the 40% of his damages.

[Major Fubar 0]

[Fixed the title for ya, Maximus ]

Looking at half the debates in the political threads, I swear half the guys there are lawyers!

[Llauma 0]

[Fixed the title for ya, Maximus   ]

Looking at half the debates in the political threads, I swear half the guys there are lawyers!  

Or at least they would wanna be

Good luck solving this issue Hit_Sqd...

[ralphwiggum 6]

AFAIS, you don't have much ground. you are also at fualt, so 50/50 is what will happen. i think it's very difficult to convince that you were less guilty.

[Hit_Sqd_Maximus 0]

Yes, 50/50 is what happend, but the total amount the 2 policies will cover is $25,000.($12.5k from each of our policies) They want me to pay an aditional $1,640 out of my pocket for what the insurance did not cover.

I'm not trying to convince I am less guilty than the other person, I just do not want to pay the other driver that much money when I still have to pay for repairs on my vehicle.

[ralphwiggum 6]

hmm...that i have no idea. personally, i'd say that there is no reason to pay from your own pocket to balance the residuals, since both of you are at fault.

does your insurance have a legal service? maybe you can use them.

[Hit_Sqd_Maximus 0]

Turns out, I dont owe her jack shit. She sent that letter behind the insurance company's back because they deducted $1,640 dollars from the value of her car because of mileage. Thats where she got the number. The insurance company is going to send her and her lawyer a letter saying not to bother me about it again as I dont owe her anything.

[MSpencer 0]

You were right. No reason for you to pay.

However do not send any letters to her or her lawyer. If you must, do so with a CLEAR head. If you sound aggressive, you can be fined or imprisoned. Have fun.  

EDIT: A good way to see if you sound threatening is checking for "if" and "you" in the same sentence. If they're together, you can come across as aggressive.

[Hit_Sqd_Maximus 0]

However do not send any letters to her or her lawyer.

I'm not, the insurance company is going to.

[MSpencer 0]

Sue her for emotional damages!

[Akira 0]

. If you must, do so with a CLEAR head. If you sound aggressive, you can be fined or imprisoned. Have fun.  

That's what I hate about the law. Some jackass tries to screw one over on ya, and you have to be all nice about it. If it was up to me, the recipient of the letter (herewit refered to as HSM) should be able to go up to the sender (herewit refered to as ASSHAT) and f*cking pound her in the freakin' noggin!

God people piss the living sh*t outta me sometimes....

Ok really they ALWAYS piss me off...

[PAPABEAR_1985 0]

Lawyers nice people usually, but Vampires in court room.

Now we need other class than law.

[SpongeBob 0]

Here's some funny statements that people wrote on their insurance claims

<ul>[*]"A pedestrian hit me and went under my car."

[*]"The other car collided with mine without giving warning of its intention."

[*]"No one was to blame for the accident, but it never would have happened if the other driver had been alert."

[*]"The pedestrian had no idea which direction to go, so I ran over him."

[*]"The indirect cause of this accident was a little guy in a small car with a big mouth."

[*]"I was sure the old fellow would never make it to the other side of the road when I struck him."

[*]"I told the police that I was not injured, but on removing my hat, I found that I had a fractured skull."

[*]"To avoid hitting the bumper of the car in front, I struck the pedestrian."

[*]"When I could not avoid a collision, I stepped on the gas and crashed into the other car."

[*]"The guy was all over the road. I had to swerve a number of times before I hit him."

[*]"An invisible car came out of nowhere, struck my vehicle, and vanished."

Good shit

[Placebo 28]

And on that note let's close a thread that perhaps shouldn't have been started to begin with, glad the problem is resolved but I don't think a gaming forum is the place for personal legal matters