OT: Another Day From Hell

[coralfragger101]

Most of you know that I'm going nutz over my wife leaving me. Some of you probably even think I was nutz before that but hey? - what can ya do?

My wife, who does not drink or party or anything (or at least hasn't in years) gets talked into going out this past Saturday evening. They hit a couple local places. My wife, the non drinker goes from one drink to throwing up sick before the second one is even finished. What made her think things would be any different now is beyond me but whe went for it and of course she ended up drunk and sick. She was there with her neighbor. Her neighbor's son was there with them for awhile as well. Both of the ladies were smashed and both new that they weren't going to drive home so someone that they knew took them home. Then, neither one of the ladies had keys to their places. So this guy takes both of them to HIS place to sleep for the night. The next morning he took them back to the bar but the wife's car was not there.

She ended up going to the police station and filling out a stolen vehicle report (this was on Sunday).

Today - I get a call from my insurance company telling me that the vehicle has been found. It was involved in a fatal car accident. I found the story in the Paper:http://www.sun-sentinel.com/news/br...land-crash-fatal-brf-20100503,0,5865994.story

Guess what? This Timothy kid is the son of my wife's friend. He is now saying that my wife gave him permission to take the car. She was wasted so she doesn't remember.

And now since it appears that it's been involved in a fatal accident the OWNER of the car is going to be held liable.

3 guessees as to WHO the owner of my car is and the first two don't count.

 

[avaneaton2000]

Talk about a **** sandwich.

 

[Uncle Luke]

Wow dude, that's crazy... How did the accident happen?

 

[coralfragger101]

I don't know anything more

 

[mitchwelt]

i dont see how you can be liable, when you didint loan out the car, if anyone should be liable its the driver, or your wife for giving him the car, sounds like a bunch of fun...

if i was you i would contact a lawyer and see what he thinks.... im sure theirs a lawyer on rc...

 

[illal]

My wife knew the guy that was killed!

 

[score 110]

Wow that suck. But you can always say it was thefth. I fell for you.

 

[Elan L.]

wow, that is a day in hell.

I agree, since you were the owner it was technically theft right?

 

[mitchwelt]

if this tim guy didint have the owners permission (chuck), to drive the vehicle, you will not be held liable, unless you gave him permission, which u didint...

 

[ReefWreak]

Sorry to hear about this happening Chuck. It's going to be a headache for sure, however I can't imagine that if this went to court a jury would in any way convict you of any wrong doing. Your vehicle in ownership by your separated spouse, was taken by someone without knowing or willing consent or permission. The fact that a police report was filed on the vehicle should be enough (in my mind at least, I would hope of that of a jury's as well) to separate you and her from the incident.

If someone steals your car, robs a bank, shoots a bunch of people, gets in a wreck causing more deaths, how could you be responsible for that?

Still, my heart goes out to those involved in the incident, and to you and your wife as well, as this is not going to be easy to go through for anyone.

 

[reefsahoy]

IMHO the law doesn't mean you are actually right, wrong, fair or unfair. The law is whoever has the best lawyer. sorry to hear of your troubles.

 

[coralfragger101]

if this tim guy didint have the owners permission (chuck), to drive the vehicle, you will not be held liable, unless you gave him permission, which u didint...

Nice try BUT the car is in both of our names.

ALSO I need to clarify what I meant when I wrote that my wife and I will be held liable.

No - I don't believe that we can be held liable for the death of anyone or anything like that. Where we are going to get stuck is with the insurance claim. My agent said that we only have $10000 of one of kinds of insurance on the vehicle. She said with 4 injured people she is sure that it will go well above the $10000 limit. It is this "overage" that we will be responsible for.

 

[cvd55]

Lawyer up fast and its going to be expensive
A good lawyer is going to cost you probably over $350.00 an hour unless some one knows one and will charge you less. I know the ones my wife works for are over $400.00 an hour so be prepared.
I'll have my wife take a look at this as soon as she can but I'm not sure if either of them handle these kinds of cases but maybe she knows one who does

 

[streetjudge79]

You aren't going to be held liable. You weren't driving and did not give permission to the kid to use your car.

 

[JWright02]

OMG
I dont know what to say Chuck; Im at a loss for words.

 

[mrx66699]

Ok enough of this I cant take no more....YES YES YES YES he (his insurance) can be held responsible.

What he leaves out is that during one of his estranged wifes visits with the police when they found the car is that when she realizes it was her friends son that took it, she tells them she may have given him permission to use it but cant remember.

Chuck I just got an email response back from one of the personal accident lawyers I do advertising for and absolutely your insurance can be held liable. Anything above and beyond that you personally could be held liable for. You gave her (the wife) permission to drive the vehicle (a vehicle registered in your name and insured by you). Anyone she allows to use the vehicle he (his insurance) is now responsible for even if he was not present or didn't give direct permission to use the vehicle and even if the vehicle was only in his name (which its not)......

Now whats worse is if they can prove the son was under the influence at the time of the accident and she gave him the keys she could even face criminal charges for allowing him to drive her vehicle while he was intoxicated if she knowingly allowed him to do this. (this is a very sticky subject here...the proving and the knowingly)

They (his insurance) could (and he stressed the word COULD) be held liable in a civil court and she (the wife) could face possible criminal charges, city and state court and clean up cost, lawsuits for cost and personal injury of the persons that were injured in the crash, and a possible lawsuit for cost and personal injury from the surviving family of the the victim that died.

 

[Lacy]

OMG this is just horrible. What about this Timothy kid that was driving? Shouldn't he be held responsible since he was driving? Where is his accountability?

 

[mrx66699]

Of course he can and will with citations and/or fines or possible jail time if he was under the influence. Good luck collecting any funds from him though. He was borrowing a car from his moms drunk friend at a bar..... so that should probably tell you his income level or responsibility level. (he wasn't just taking the car home for them as a responsible friend to keep them from driving and had an unfortunate accident in the process he was out joy ridding in it)

 

[Tecdiverfl]

Your insurance Company will usually provide you with legal services as they are on the hook. I would still talk to a good attorney and see what other options are available. The person who was driving your car sounds like a real piece of $%^&. The worst is for poor family who lost a loved one and the people who were injured in the other car

 

[Linesider]

HOLY F__K!!!! Dam When it rains it pours.