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Got hit from behind - By an unlicensed Lawyer's kid!

Discussion in 'Donut Shop' started by NinoAvila, Jun 17, 2008.

  1. NinoAvila

    NinoAvila Who's awesome....YOU ARE! Established Member

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    I will say that right off, my Mother didn't do the right thing which was to report it immediately to the police. This occurred in Hidalgo County.

    She was stopped at a stoplight and she was hit from behind. It wasn't horrible, but it was enough to puncture her rear bumper on her Maxima maybe the size of a dime with a few gouges to go along with it. Also, the other vehicle left the ink/slight impression of 1/2 the car's license plate numbers.

    The kid hopped off and it turned out that he didn't have a license (just 15 yrs old). The kid begged and pleaded for her not to report it because his dad was a lawyer and "everything would be taken care of". So, the kid wrote down his name, his dad's name, his insurance information, his permit info...etc on a piece of paper and handed it over. She also spoke to the father on the phone (there on the spot) and he assured her that everything would be taken care of and thanked her for not filing a report.

    Well, some time later, the lawyer told my mother that he wanted to be sure that she wasn't driving around with a messed up bumper and that he wanted to touch up the car until it could be properly repaired. So went by my parents' place and "buffed out" the license plate ink and used some touch-up paint to cover some scratches. Yes, imagine a lawyer working on a bumper of a car! The gouges remain and same for the minor punctures.

    My mother had gotten a quote from a body shop to repair the bumper (JUST the damage received from the lawyer's kid). She talked to the lawyer a few days ago and he NOW says that "he's not going to pay for other people's mistakes" (my mom had a few scratches on her rear bumper prior to accident, paint only, nothing major). He said that it was too much and that he was not going to pay it.

    Needless to say, she didn't take pictures although she has documented the times/dates she's spoken to him.

    HAVING SAID ALL THAT:

    1. Is there a statute of limitations for filing a report?
    2. Can she even file a report AFTER the fact (happened back in mid March)?
    3. What else can she do to "report" this guy (if anything - ie: Texas Bar?)

    It angers me that she didn't tell me anything until *AFTER* everything had transpired :fm: . Sad that this guy is trying to take advantage of your average "do the right thing" mom.

    I think that because she's a woman, he's counting on her not following up. There's got to be some things she can do to let him know that he's not going to take advantage of her. Any insight or advice would be greatly appreciated!

    Thanks a ton!

    -N
     
  2. Silver04L

    Silver04L 93 Octane Member Established Member

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    I don't know for sure, but since there was no police report filed, she may be S.O.L.
     
  3. DEAD EYE

    DEAD EYE You must defeat Shenglong Established Member

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    Where I work we give the parties 24 hours to report the crash. There are ways to deal with this through the insurance companies. Things like this happen all the time on private property parking lots. Have her call her own insurance company and they might take the ball and run with it. That's why we pay them.
     
  4. jshen

    jshen Well-Known Member Established Member

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    No- you can legally file a report anytime but in reality it may not do much good if there aren't any witnesses to corroborate the facts. The "her word against his word" will not get you through a criminal trial...and there is not sufficient evidence to report anything to the bar [ you have to show the lawyer did something criminal or in vio of the code of ethical conduct ] Being a crappy dad and irresponsible sh*t isn't enough.

    We all know what "should" have been done but cut your Mom some slack. She was trying to give the kid a break and we all hope that people are basically good and parents will take care of children's damages. Unfortunately that isn't the case and lawyers, as a group, are pretty crappy at doing the right thing. I recommend letting Mom's insurance company know what happened. If repairs are needed you go through uninsured motorist coverage.
     
  5. Common

    Common Active Member Established Member

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    You live and you learn......ALWAYS, ALWAYS,ALWAYS get a report...........
     
  6. mswaim

    mswaim Dark Side Poster Established Member

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    You need to check the laws for your state; most have mandatory reporting rules enforced through DMV. In California, you have 10 days to file an SR-1 form with DMV if the accident:

    1) caused any injuries or
    2) a death or
    3) collective damages in excess of $750.

    Failure to self-report can lead to a administrative license suspension. If local police respond and file a report, you are exempt from this rule.

    I believe Texas has a similar rule, their threshold for damage is $1,000 and the form is a CR-2. If your mom has not already filed a CR-2 with your DMV, she may want to contact them asap.
     
  7. Invictus

    Invictus Banned

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    Something like this happened to me a few years back, although he was a licensed driver. He hit my car while I was parked in a lot, we mutually agreed not to call the police and he said he'd take care of it. After getting a few quotes, I showed him the cheapest and he said he could not do anything about it. I called HIS insurance and made a claim, they settled everything, had to go show the car at a location they provided me with. Also brought the most expensive quote with me, they honored that quote and I had a check in the mail within 2 weeks. I don't think my insurance ever even found out. Might try that. I didn't call until several weeks after the fender bender.
     
  8. JohninMD

    JohninMD Member Established Member

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    I'd be sitting outside that lawyers office making sure people going in there knew what kind of lawyer he really was. Eventually he would man up and make it right or lose alot of business.
     
  9. TxRR

    TxRR New Member Established Member

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    The minute they (your mom and the attorney) entered into an agreement (verbal or in writing) to fix the car it became a civil matter. If the attorney now refuses to pay for the damages then you have to sue him in small claims court. It is no longer a police matter. Sorry.
     
  10. Iceman II

    Iceman II Right Behind You! Established Member

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    A lot of good info here. If someone were coming to me after any amount of time, my name (investigator) is NOT going on anything. Like the guy said, above it is all your problem now.
    Jshen, hit it on the head, not enough to turn the guy into the Texas Bar Ass.

    Good luck collecting anything.
     
  11. mswaim

    mswaim Dark Side Poster Established Member

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    Actually, he sounds like a pretty crafty guy to me; the kind of attorney you want when tactics are to be the centerpiece of your defense. Sounds like something Shark would do!
     
  12. cobr96

    cobr96 getting old Established Member

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    "topic doesnt say LEOs only"

    so , Maybe if the 15 yr old had all of his windows broke out one night , He would be a better driver! hint hint
     
  13. mswaim

    mswaim Dark Side Poster Established Member

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    Now you know why so many people request LEO response only. Weeds out the low-voltage light bulbs in the group.
     
  14. cobr96

    cobr96 getting old Established Member

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    LOL , I think the experts have pretty much determined his mom was SOL, so I tought I would throw a humor in, dont expect him to or at least hope he doesnt follow through on my post.

    Sorry , I'll keep it straight here from now on.
     
  15. NinoAvila

    NinoAvila Who's awesome....YOU ARE! Established Member

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    Just as I suspected, good info from quality guys.

    I was only considering the Tx.Bar route because I thought that he may be held to some sort of standards. But I guess they don't apply outside of "work"?

    As far as his word against hers, the only reason I even brought that up is because the son wrote down all his info (Name, insurance, contact info...etc) in his own writing on a piece of paper and handed it over. I dunno, maybe it doesn't' count for anything once it gets to court? Also, it's a lot harder to lie on the stand in front of a judge (especially when your career depends on it?) vs just saying "I never said that" to some lady.

    I should also add, that my mom did some research and it turns out that the guy had his license suspended for a year for "ambulance chasing" (forgot the "official term" heheh)

    Regardless, thanks a bunch. I guess I'll advise her and we'll go from there. I'll update whenever anything happens. If you have any other info, it would be appreciated!

    Thanks for your input.
     
  16. jshen

    jshen Well-Known Member Established Member

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    Lawyers & Standards....Oxymoron if ever there was one...How many professions have mandatory rules of conduct as comprehensive as this one. They were promulgated for a reason...for those who have no standards..no ethics. "Lawyer jokes"...most lawyers don't think they're funny....Most folks don't think they're jokes........
     
    Last edited: Jun 19, 2008
  17. NinoAvila

    NinoAvila Who's awesome....YOU ARE! Established Member

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    Lawyers & Standards. Yeah, what a crock. There has to be a FEW good ones out there though. Course, they're probably broke.

    Thanks for the input. Like I said, it's nice to know I can come to a place and get some "REAL" advice straight from the source. Not a buddy's cousin who's friends with a sherrif's deputy.

    -N
     

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