Friend rear ended a judge and now she wants money
10-01-2009, 12:28 PM
#1
Friend rear ended a judge and now she wants money
Long Story Short:
* Friend rear ended a judge from Jacksonville (we are in Tallahassee)
* They got out and looked at the damage and she agreed that her car wasn't bad and she didn't want to call the cops, they exchange information
* She writes him a letter about a week later with an estimate asking him to pay for the damages
*(this is where I think he went wrong) He writes her back and tells her he is in school and can't pay for the damages, etc.
What is his legal standpoint in this situation?
Since they didn't file a report, what can she do?
Since he wrote the letter back he kind of acknowledged that he was in the wreck, though.
Thanks in advance.
* Friend rear ended a judge from Jacksonville (we are in Tallahassee)
* They got out and looked at the damage and she agreed that her car wasn't bad and she didn't want to call the cops, they exchange information
* She writes him a letter about a week later with an estimate asking him to pay for the damages
*(this is where I think he went wrong) He writes her back and tells her he is in school and can't pay for the damages, etc.
What is his legal standpoint in this situation?
Since they didn't file a report, what can she do?
Since he wrote the letter back he kind of acknowledged that he was in the wreck, though.
Thanks in advance.
10-01-2009, 12:31 PM
#2
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I don't think she has anything on him. I think.
No police reports and it's his word against hers. But then he wrote back so your right, it does show that there was an accident. Shit, I hope your friend doesn't have to pay. That's fucked up how she writes a week later but initially everything was fine?? She's an idiot.
No police reports and it's his word against hers. But then he wrote back so your right, it does show that there was an accident. Shit, I hope your friend doesn't have to pay. That's fucked up how she writes a week later but initially everything was fine?? She's an idiot.
10-01-2009, 12:46 PM
#5
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Y'all seriously need to learn to read...the friend rear-ended the judge; the judge did not rear-end the friend.
As for her options, she can file a claim if your friend doesn't pay. Her insurance company will pay it. Whether they assess it to her collision and/or subrogate it to your friend's insurance company will depend on the law and how things work in your state (ie. must there be a police report, is it a no-fault state, etc.)
As for her options, she can file a claim if your friend doesn't pay. Her insurance company will pay it. Whether they assess it to her collision and/or subrogate it to your friend's insurance company will depend on the law and how things work in your state (ie. must there be a police report, is it a no-fault state, etc.)
Last edited by chill_dog; 10-01-2009 at 12:49 PM.
10-01-2009, 12:48 PM
#6
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The judge is the "she"
Your friend should give the judge his insurance. Let them deal with it.
Your friend should give the judge his insurance. Let them deal with it.
10-01-2009, 12:49 PM
#7
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10-01-2009, 12:50 PM
#8
Outnumbered at home
10-01-2009, 12:51 PM
#9
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Insurance.
That's what it's for.
That's what it's for.
10-01-2009, 01:11 PM
#10
Y'all seriously need to learn to read...the friend rear-ended the judge; the judge did not rear-end the friend.
As for her options, she can file a claim if your friend doesn't pay. Her insurance company will pay it. Whether they assess it to her collision and/or subrogate it to your friend's insurance company will depend on the law and how things work in your state (ie. must there be a police report, is it a no-fault state, etc.)
As for her options, she can file a claim if your friend doesn't pay. Her insurance company will pay it. Whether they assess it to her collision and/or subrogate it to your friend's insurance company will depend on the law and how things work in your state (ie. must there be a police report, is it a no-fault state, etc.)
The quote from her was ~$445. Depending on what his deductible is, it might be better for him to pay out of pocket.
10-01-2009, 01:19 PM
#11
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10-01-2009, 01:37 PM
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10-01-2009, 02:08 PM
#14
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If it were me, I'd let insurance cover it for two reasons; 1) it's such a small payout that his rates wouldn't (shouldn't) go up much, if at all, 2) if there are any issues with the repair work, it's the insurance company's problem to deal with.
Last edited by chill_dog; 10-01-2009 at 02:12 PM.
10-01-2009, 02:29 PM
#15
OP is correct... your friend's biggest mistake was writing a letter back basically admitting there was an accident.
Now, he could argue that he barely tapped her and there was no damage which is why the police were not called, then it becomes a he said/she said incident with no proof either way. Bad part about that is that it may go to court where it's not a good idea to lie under oath.
Or, he can just suck it up and pay. He could also wait for her reply, then if she does reply he can request he get an estimate from a local body shop which he knows and trusts... and go from there.
Be interesting to see how she replies to a college student with no funds. But before he does anything else I would just wait to see what her reply is... if any.
Now, he could argue that he barely tapped her and there was no damage which is why the police were not called, then it becomes a he said/she said incident with no proof either way. Bad part about that is that it may go to court where it's not a good idea to lie under oath.
Or, he can just suck it up and pay. He could also wait for her reply, then if she does reply he can request he get an estimate from a local body shop which he knows and trusts... and go from there.
Be interesting to see how she replies to a college student with no funds. But before he does anything else I would just wait to see what her reply is... if any.
10-01-2009, 02:42 PM
#16
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So there's some damage to her car, correct?He should pay now in exchange for a full release from her, or have his insurance deal with the claim.
/thread.
10-01-2009, 05:19 PM
#20
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Just pay the shit and get it done. She's asking less than $500 for the bumper damage, that doesn't sound like she's trying to rip him off or anything.
10-01-2009, 05:56 PM
#22
OP is correct... your friend's biggest mistake was writing a letter back basically admitting there was an accident.
Now, he could argue that he barely tapped her and there was no damage which is why the police were not called, then it becomes a he said/she said incident with no proof either way. Bad part about that is that it may go to court where it's not a good idea to lie under oath.
Or, he can just suck it up and pay. He could also wait for her reply, then if she does reply he can request he get an estimate from a local body shop which he knows and trusts... and go from there.
Be interesting to see how she replies to a college student with no funds. But before he does anything else I would just wait to see what her reply is... if any.
Now, he could argue that he barely tapped her and there was no damage which is why the police were not called, then it becomes a he said/she said incident with no proof either way. Bad part about that is that it may go to court where it's not a good idea to lie under oath.
Or, he can just suck it up and pay. He could also wait for her reply, then if she does reply he can request he get an estimate from a local body shop which he knows and trusts... and go from there.
Be interesting to see how she replies to a college student with no funds. But before he does anything else I would just wait to see what her reply is... if any.
Thanks for the responses, guys. I sent him the link to this thread so he can come check out the responses and make his decision. I think he should just wait and see what she says in the letter back. Another thing that pisses me off about it is that she is a judge who lives in a very ritzy part right outside of Jacksonville. She is trying to get this $500 from him (a full time college student working two jobs and barely making his bills) when she knows damn well that her and her husband have the money to take care of it.
10-01-2009, 06:15 PM
#23
where is....
shes trying to cut him a break by not making his insurance premium go up and hes going to try to pull this crap. this pisses me off, i hope karma comes to bite him in the ass.
10-01-2009, 06:52 PM
#24
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First, an officer may not respond to a property damage-only accident, depending on local law enforcement policies.
Second, the judge has a right to seek compensation from the party causing the damage for at least a year, and likely longer. Statutes of limitation govern when a lawsuit may be filed. The judge could wait until next August to send her letter, then file a lawsuit in Sept. 2010. Her status as a judge has no bearing on how long she has to make a claim or to sue 6MTUA5's buddy.
Third, the judge's insurance contract gives her some time to make a claim to her insurance-- it could be 30 days or 60 days after a property damage-only accident. Then the insurance company can go after the driver causing the damage.
She doesn't have any proof besides his letter back saying he could't pay for the damages.
...
Another thing that pisses me off about it is that she is a judge who lives in a very ritzy part right outside of Jacksonville. She is trying to get this $500 from him (a full time college student working two jobs and barely making his bills) when she knows damn well that her and her husband have the money to take care of it.
...
Another thing that pisses me off about it is that she is a judge who lives in a very ritzy part right outside of Jacksonville. She is trying to get this $500 from him (a full time college student working two jobs and barely making his bills) when she knows damn well that her and her husband have the money to take care of it.
What's your buddy going to do-- lie under oath that there was no accident? That would be interesting, and likely not turn out well for your buddy.
b) The judge may be well off and able to pay for the damages, but why should she pay if someone else caused damage to her property?
I have yet to see a thread on here where any of us say "oh, we can afford to fix the little parking lot ding because the person that caused it was poorer than us."
I am pretty sure you would moan, bitch and cry-- more than Paris Hilton getting into the transport to jail-- about a $50 ding to your car, regardless of the status of the person who caused the damage. You'd probably also rant about uninsured status if that person did not buy, or could not afford insurance, too.
Or would you then say, "Oh, I can afford to pay to fix this" and refuse to make a claim?
10-01-2009, 06:54 PM
#25
Tell your friend to do the right thing. It sounds to me like the judge cut him a big break not calling the cops and asking for a reasonable repair reimbursement.
Some of you need to learn to read. Then there are those who need a lesson in ethics.
Personally, I wouldn't want to get on the bad side of a judge. It doesn't matter if there were no police report. There are still other ways to get him to pay.
Do you know how far it would go when she gets on the phone to call Tennessee and say "This is so-and-so, a judge from the Appellate Division (or whatever district/level she works in) and I need your help"?
Then your friend will have a police officer knocking on his door asking questions about the accident.
Pay for the mistake and pay attention from now on while driving. He will sleep better at night.
Some of you need to learn to read. Then there are those who need a lesson in ethics.
Personally, I wouldn't want to get on the bad side of a judge. It doesn't matter if there were no police report. There are still other ways to get him to pay.
Do you know how far it would go when she gets on the phone to call Tennessee and say "This is so-and-so, a judge from the Appellate Division (or whatever district/level she works in) and I need your help"?
Then your friend will have a police officer knocking on his door asking questions about the accident.
Pay for the mistake and pay attention from now on while driving. He will sleep better at night.
10-01-2009, 06:55 PM
#26
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Note to self after reading this thread: call the cops every time no matter how small the damage is because there are people in this world who don't take responsibility for their actions.
10-01-2009, 07:13 PM
#27
I drive a Subata.
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they take forever to get to the scene. i'm too lazy to call them up!
10-01-2009, 07:21 PM
#28
He knows it's his fault and is going to own up to it, he just wanted to know where he stood. He's probably just going to have to put money aside every paycheck and work out a deal with her to get her paid back.
I wouldn't bitch and moan about a $50 ding if I had to go through insurance to get it fixed. I have plenty of them. Not even worth it to make a big deal and get stressed out about something that small.
I actually have let someone off the break because of the situation they were in when they hit me. My car was PARKED on the street and me and a few buddies of mine watched a taxi back into it. He was breaking down and talking about how he would get fired and all of this so we just settled on the spot for some cash to fix the body damage. Turned out there was suspension damage behind everything that I had to cover out of pocket. Does it suck? Yeah. But it was MY decision to handle it that way so I lived with the consequences of that.
I wouldn't bitch and moan about a $50 ding if I had to go through insurance to get it fixed. I have plenty of them. Not even worth it to make a big deal and get stressed out about something that small.
I actually have let someone off the break because of the situation they were in when they hit me. My car was PARKED on the street and me and a few buddies of mine watched a taxi back into it. He was breaking down and talking about how he would get fired and all of this so we just settled on the spot for some cash to fix the body damage. Turned out there was suspension damage behind everything that I had to cover out of pocket. Does it suck? Yeah. But it was MY decision to handle it that way so I lived with the consequences of that.
10-02-2009, 05:52 AM
#29
Someday, an RS6 Avant+
Tell your friend to do the right thing. It sounds to me like the judge cut him a big break not calling the cops and asking for a reasonable repair reimbursement.
Some of you need to learn to read. Then there are those who need a lesson in ethics.
Personally, I wouldn't want to get on the bad side of a judge. It doesn't matter if there were no police report. There are still other ways to get him to pay.
Do you know how far it would go when she gets on the phone to call Tennessee and say "This is so-and-so, a judge from the Appellate Division (or whatever district/level she works in) and I need your help"?
Then your friend will have a police officer knocking on his door asking questions about the accident.
Pay for the mistake and pay attention from now on while driving. He will sleep better at night.
Some of you need to learn to read. Then there are those who need a lesson in ethics.
Personally, I wouldn't want to get on the bad side of a judge. It doesn't matter if there were no police report. There are still other ways to get him to pay.
Do you know how far it would go when she gets on the phone to call Tennessee and say "This is so-and-so, a judge from the Appellate Division (or whatever district/level she works in) and I need your help"?
Then your friend will have a police officer knocking on his door asking questions about the accident.
Pay for the mistake and pay attention from now on while driving. He will sleep better at night.
And when your friend does get in touch with her, make sure that every time he speaks, he starts with "Your Honor" until she tells him otherwise. A judge, at whatever level, for whatever reason, wants that show of respect. She will probably like this, and given a good overall explanation, just may allow an installment plan.
10-02-2009, 07:30 AM
#30
So apparently if the friend hypothetically doesn't reply to the letter, the judge has nothing on him? 
10-02-2009, 07:42 AM
#31
Here's the bottom line.
If/when it goes to court, two things will happen.
1. The judge is FAR more knowledgeable with the legal system than he is. When it comes to the legal system, knowledge is a huge advantage.
2. Ever tried to fight a traffic ticket and it turned into a he-said-she-said between you and the cop? Yeah, try that against a JUDGE.
If/when it goes to court, two things will happen.
1. The judge is FAR more knowledgeable with the legal system than he is. When it comes to the legal system, knowledge is a huge advantage.
2. Ever tried to fight a traffic ticket and it turned into a he-said-she-said between you and the cop? Yeah, try that against a JUDGE.
10-02-2009, 09:47 AM
#33
If it was me I would have her sign a document which states something along the lines of: this payment covers all estimated damages as provided by [the judge] and no further monies will be paid. Something like that.
As was mentioned, she does not appear to be taking advantage of him, so it may not be far fetched that she would agree to that... especially since she's a judge.
10-02-2009, 11:22 PM
#35
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get a copy of the estimate before your friend pays her and have her sign it stating that the two of you agreed to this mutually that way she can't come back to him for futher payment for damages that she "claims" she will file later if she tries to pull that card.
Also, if your friend were to go through insurance, he'd have to deal with higher insurance premiums since he would have been the one at fault. Sounds like if he plays his cards right, he'll end up spending less paying her off than going through insurance.
Also, if your friend were to go through insurance, he'd have to deal with higher insurance premiums since he would have been the one at fault. Sounds like if he plays his cards right, he'll end up spending less paying her off than going through insurance.
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