Date:         Tue, 4 Dec 2001 11:52:49 EST
Reply-To:     ThingGuy@AOL.COM
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Steve Lashley <ThingGuy@AOL.COM>
Subject:      Re: rollover accident in a 1971 VAN
Comments: To: holbink@cnw.com
Content-Type: text/plain; charset="US-ASCII"

In a message dated 12/3/01 4:55:04 PM, holbink@CNW.COM writes:

<< My question: anyone else have to deal with an accident caused by a
non-insured, drunk, suspended license, barely employed individual?  My
insurance company says that we won't get compensated for work time missed,
minimal for rental car, none for property damage, etc. etc. because the
drunk driver had no insurance.  I have never sued anyone, but think this
may be the only way to get some monetary compensation.  My partner and I
are self employed and work contract...so no sick time.  AND rental cars
are expensive! >>

You can take them to small claims court, but it may not be worth it.  First
you file the claim and then the other party is usually served by registered
mail, unless you pay extra to have them served in person.  The registered
mail will likely not work since it can be refused.  Even after you get them
served, they may not show up in court.

Even after you win in court, you then have to try and collect.  If they don't
own any property or have a job, you will never see any money.  If he does
work, you can garnish his wages.

I would suggest you check the laws in your state, and find out if there are
any protections for this situation.  I went through a similar incident here
in Missouri where insurance is mandated, and I was able to get their driver's
license taken away and their car impounded.  After I made it very clear that
I would pursue them to the ends of the earth, they suddenly paid up.

The whole thing took about 2 years and lots of time taken off work.

Steve Lashley
SKL Enterprises Inc.
http://EuroCampers.com
636-797-9015
636-789-2127 fax