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Other party does not pay

Discussion in 'Auto Accidents, Injuries' started by trit0n, Jun 4, 2016.

  1. trit0n

    trit0n Law Topic Starter Member

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    Jurisdiction:
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    I was involved in an accident for which other party (guy- he and his wife are registered owners) was at fault for.

    Went through insurance and court.

    The other party and I are to pay (since the car I used was a rental). He has to pay 60% while I have to pay for 40%.

    He was paying for a while...then he abruptly stopped. I was not able to reach him (police had problems serving him the papers since he is either not home or not found). I tried going back to court but they told me to pay my dues first as I am still responsible for paying the 40%. I have been paying my part for about a year now, and I am almost close to paying it off.

    I tried to contact the other party as they still have not paid any more since they stopped. They still have a high number left to pay. I was able to reach them the first time and they gave me the excuse that he lost his job, however, they kept saying they'll call me back. They never did. Their story is still the same every time, whether its losing a job, or not being home, or having the check ready another day. No call back, no answer or not home when I come to pick up the check.

    My question is, am I still liable to pay their 60% if the guy is not found? As I am paying the rental insurance directly and they said I am still responsible for the guy, although court orders say he is to pay 60% while I pay 40% and the police report states the guy is at fault. They say that they can still pursue a case after me if the other party does not pay the rest of his dues.

    What can I do about this in court? I go back and file, letting them know he is not paying the rest of his dues and he is not reachable at all.

    Thank you in advance
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Didn't you have liability insurance?
     
  3. trit0n

    trit0n Law Topic Starter Member

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    Yes my owned car was originally hit by another person so I had to rent a car which is paid for by her insurance while my car is in shop.

    Then, while driving my rental car, the guy (other party in this post) backs up into me and damages and fees came out to about $7k.

    Her (first accident) insurance covered for the damages done to my car plus the rental. The guy did not have insurance although he claims to have one at the time of accident. My own insurance pursued this but was unable to find anything as the guy is unable to get in touch with, and his insurance company first said he is not covered, then later tried to fight the fault (police report states he is at fault), otherwise disagreeing to pay the deductible and damages done to the rental car.

    Which leaves us $7k in damages to pay for. So as suggested by my insurance, I took it to court and they found both of us responsible to pay for the damages as he is at fault and has no insurance, and me because my insurance is not able to go through with the claim for the rental car, and the rental company is not willing to negotiate with either insurance companies.

    I am almost done with paying off my 40% though, with a few hundred to go. He has about $3k left to go.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Something's not clear here. You mention "court."

    Answer each of the following:

    1 - Were you sued (served a summons and complaint)?

    2 - Was the other guy sued in the same lawsuit? Both of you named as defendants in the same lawsuit.

    3 - Was there a trial?

    4 - Did the judge issue a judgment against you (and the other guy) that says how much you each pay?

    If yes, please quote the judgment word for word.
     
  5. army judge

    army judge Super Moderator

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    If things are as you say, he was ordered to pay 60%, you the remainder by a court, you've answered your question.

    You pay off the 40%, it's over insofar as you're concerned.

    If his 60% is never paid, not your problem, not your worry.

    If, things are as you've revealed.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    I agree with you, Judge, but I'm wondering why the OP's liability insurance isn't paying his share.

    The standard definition of "covered auto" in an auto liability policy includes:

    "Any auto or "trailer" you do not own while used as a temporary substitute for any other vehicle described in this definition which is out of normal use because of its:
    a. Breakdown;
    b. Repair;
    c. Servicing;
    d. Loss; or
    e. Destruction."


    His policy should pay any damages for which the OP became "legally liable" while driving a rental while his car was being repaired.

    Hence the questions about the lawsuit and judgment.
     
  7. trit0n

    trit0n Law Topic Starter Member

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    1. no I was not. The rental co. was going to if I do not take legal action against the guy at fault.

    2. No he was not sued by anybody except for myself.

    3. No trial.

    4. Yes, he orders that the guy pay 60% and I pay 40% of the damages.
    As stated:
    Defendant Mr. (Guy) and (wife) are to pay sixty percent $4,579.69- four thousand, five hundred and seventy nine dollars and sixty nine cents to plaintiff Ms. (Me) for above case.
    Plaintiff Ms. (Me) to pay forty percent- (reminder of the cost) for the above case.
    This settlement resolves all issues of rental car (car make and model, and year )from (rental car co) in (city).
    Mr. (guy) and wife are to pay $250.00 each month on day of 29/30/31 with money order starting (date), 2014 until all payment due in full to plaintiff ms. (Me) at (address).
     
  8. trit0n

    trit0n Law Topic Starter Member

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    According to my insurance agency, they said the other party from initial accident is paying for the rental car coverage (by their insurance). As a driver, I am covered by my own insurance (at that time).
    However after the second accident with that guy, my insurance did take the claim and tried to contact the guy and his insurance. It was found that he had no insurance, then the company wanted to say he was not at fault, despite the evidence at hand. They refused to be pay or negotiate.

    Then, my insurance tried to get in touch with them for months and was unable to. Same time, rental co is trying to call them. No response. In turn, they started calling me and sending me letters stating legal action will be taken if there is no payment by either the guy or myself as he is unreachable.

    After this, my insurance decided to close the claim as they said "nothing can be done, they are refusing to pay, we suggest you to go to court and sue the other party for the damages. "

    I then got in touch with the rental company and let them know what was going on. They believe that the other party should be responsible but they have to hold me responsible too since I am involved.

    Finally filed in court. Switched insurance companies. Court day: guy shows up.

    Guy pays 6 payments.

    Guy stops. I started mine.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    OK. You went to court and the judge ordered you to pay 40% of the damage to the rental car.

    That order makes you "legally liable."

    The insurance company that you had on the date of that accident should be paying that 40% under your liability coverage.

    Why isn't it?
     
  10. trit0n

    trit0n Law Topic Starter Member

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    I showed them the paperwork from court as well as the judgment.

    They said they closed the claim and there was nothing else they could do. I told them I got in touch with the rental co of where my dues can be paid to. They told me no. They still use the fact that the other party is not reachable and they are at fault.

    On a lighter note, despite having a shitty insurance company, I got settlement money from the initial accident. Been using that towards my 40%. I didn't have to touch my pockets although it would've been very nice to have that.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    Sure there was. All it takes is a keystroke on the computer to reopen the claim and address the liability obligation.

    File a complaint with the CA Dept of Insurance:

    Getting Help

    At the same time google "insurance bad faith attorney" for your city and talk to a couple.

    Bad faith lawsuits can involve punitive damages and attorneys often take them on contingency.

    Wouldn't cost you anything to bring some smoke down on your "shitty" insurance company. ;)

    You should not have to be paying this no matter where the money comes from.
     
    Betty3 likes this.
  12. trit0n

    trit0n Law Topic Starter Member

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    I will do that, thank you very much.

    On other note, if the other guy does not pay his dues I know to let him be responsible however he is to pay me directly for me to pay to the rental car co for his 60%. Once I've paid my 40%, can I go back to court and file for non payment?

    If anything, I'll be responsible for his 60% (for the payments to rental car co ) and then he'll owe me that money, correct?
     
  13. adjusterjack

    adjusterjack Super Moderator

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    Yes.

    Getting it from an unemployed deadbeat could be a problem.
     
    trit0n likes this.

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