Accident Question....

[beanie baby]

Here's the problem:

I have a 19 y/o daughter. This child has yet to learn any kind of responsibility and that alone is just ripping me apart. Anyway, this past summer she moved into an apartment with her boyfriend, she lost her job and couldn't keep the insurance up on her car.

I have told her, even when she had insurance on her car, not to let any of her friends drive the car. Well, she let one of them drive her car and yes still with no insurance. The kid wasn't paying attention, hit a guardrail and totaled out the car and the guardrail. :wtf:

When the accident happened about 3 months ago, she did get a $189 ticket for letting someone drive her car when he didn't have a license, which apparently she didn't know.

Today she receives a bill in the mail from the WI DOT for the guardrail, $7,824.86. I handed it to her and told her, "You are 19 y/o, it is time you start getting your act together and handle this". I won't do it for her, she has to make all the moves from here.

My question is, I told her to contact a lawyer, is that where she should start and find out what she can do about it or is she going to have to just bite the bullet on this one?

I'm looking for suggestions, so when she does ask me questions, I can try to steer her in the right direction, yet making her do what is neccessary to help her situation.

WI DOT: $7,824.86 - here is the break down
$3,281.87 - Labor
$1,054.38 - Equipment
$3,293.48 - Material
$195.13 - Miscellaneous

Them guardrails aren't cheap!! :yikes:

[Jack5]

Ive done a few stupid things myself when I was 19. I believe you can do one of 2 things. Contact a lawyer first and explain the situation and see what they say, or just contact WIdot and agree to a payment plan. I still owe TXdot over 6,000.oo for running over a construction site 10 years ago. :rofl: . I agreed to pay them 50.00 month and stopped paying after the first 2 months. They haven't contacted me since. But that's TX. Not sure how Wi. is. Good Luck.

[Crystal Pistol]

Wow, sorry to hear about that BB, driving without insurance or letting someone else drive without it is a real recipe for disaster though. You know the risk are even greater obviously, but she didn't it seems (or she chose to ignor them?), and now she's got a hard lesson coming.

As you know, guardrail is placed there first at taxpayer expense, after that, if you tear it down, you pay to put it back up here. If she fails to, whether or not the state DOT comes after her in court depends on your state's DOT, but here, in the face of ever tightening budgets and increased costs, they go after every dime in court. If it's an out of state person or firm that owes, they will consider the costs of recovery against the cost of damage and make a decision, but if it's up in the thousands, they'll go after it usually.

In any case, I'm afraid she's probably going to be held liable for it if it winds up in court. An attourney really isn't a bad suggestion.

WI DOT: $7,824.86 - here is the break down
$3,281.87 - Labor
$1,054.38 - Equipment
$3,293.48 - Material
$195.13 - Miscellaneous

Them guardrails aren't cheap!! :yikes:

No they aren't. ;)

------------------------------------------------------------------------------------------------------------------------------------
Make Courtesy Your "Code of the Road" ......

http://www.imagestation.com/picture/sraid191/p566a17da827deeee53c307f398a1a726/f1d02765.jpg
...... and whatever you do ... Have a Safe Trip!

[towstrap]

Okay, I'm gonna role play here.

Daughter screwed up, daughter is "of age".

Hey daughter, I realize you’re not very responsible yet, although you should be. I have warned you more than once that allowing others to drive your car, much less w/o insurance is not good, actually could be quite bad. Now you have learned the lesson I was speaking of. Being that you are an adult and you made a juvenile decision, I'm gonna try one more time to assist you in pulling your head from your arse. You are now responsible for a large sum of money, to the state. Tell boyfriend your moving back home, ya know why? Your gonna get a job, go to it every day and pay your debt. I will provide housing and food for YOU, not friends not boyfriends. When you have repaid said debt, you can start paying me rent or get out on your own. I hope this helps you to understand that you are now an adult and YOU are responsible for your actions. Not me, not anyone else, YOU are!

BB,

I'd also suggest she ask said friend to pitch in since she or he was the one who wrecked. A payment plan with the state will most likely be easier to follow than a court appointed payment plan, JMO.

[joerockhead]

Tow Strap Said:
Your gonna get a job, go to it every day and pay your debt.

I'm thinkin' a FEW jobs as she really doesn't need any spare time. BB may end up being responsable for getting her to and from work unless public transit is available, that's a small price to pay for teaching her daughter responsability. Once she gets done paying her debt to the state, she can then start saving for another vehicle and INSURANCE!

[beanie baby]

Thank you all for your comments.

She has moved back home. I already did the back and forth to work running with her. She is working, but needs to find another job or one that pays better. ;)

She contacted a lawyer today, he's going to see what he can do or refer her to some that can help her.

I know there is no way she's going to get out of paying the state. I'm thinking more on the lines of this other kid should be paying something. We were initially told the bill was going to go to the other kid. I have a feeling what happened is the kid didn't pay it and they are coming after her now. :noclue:

[Zebra]

I hope she doesn't waste a bunch of money on an attorney. It only encourages them.

I forsee three outcomes:

The attorney will get the bill dropped or reduced. In which case your daughter learns that she can beat the state.

The attorney will rack up a big bill and do nothing. In which case your daughter will turn to you and demand that you help pay for the attorney bill.

The attorney will rack up a big bill and get the cost cut in half. But the net owed will stay about the same. An attorney get the money rather than the state.

Unless there is some technical legal issue (car was stolen or the guardrail was previously damaged) I think your daughter should appear by herself before the judge, explain her financial circumstances, and offer to set up a payment plan and do community service.

Just a quick personal note: I've got a ne'er do well second cousin that beat about 5 raps as a juvenile through technicalities and second chances. He kinda got the idea the law wouldn't touch him. Last I heard he put a gun in some guys face and demanded his car. The State of Colorado didn't think that was such a good idea. We're still in the wait and see phase (he's in jail pending disposition). It's just a damn shame.

[Jimbo]

Beany,

I was once 19 years old, and was probably just as dumb, if not more than the teen you are dealing with. I truly feel that the only thing that made me stop doing stupid things, was the fact that my parents never, ever looked to get me out of any jams I got myself into.

Sure, they would pay a bill for me, but I was expected to pay every cent back. After a while, I got very tired of working so hard just to pay for stuff that had gotten in my car's way. It didn't take too long after that for me to start towing the line.

[Crystal Pistol]

Jimbo:
I got very tired of working so hard just to pay for stuff that had gotten in my car's way.

Yeah, I like the way you describe the problem as it appeared to you then. Yeah ..... been there. :cheers:


------------------------------------------------------------------------------------------------------------------------------------
Make Courtesy Your "Code of the Road" ......

http://www.imagestation.com/picture/sraid193/p047057b8fa3cad039c990411075fa931/f190ff99.jpg
...... and whatever you do ... Have a Safe Trip! :bye:

[beanie baby]

Woke me up when I got in trouble at 18, dad gave me $10 and a suitcase and told me to get the he!! out!! :yikes:

I'm not paying this for her, she is going to have to figure this one out. Maybe once she realizes how much of a pain it is, she'll start learning. I can only hope. ;)

[Uturn2001]

Here is what I find a little pathetic about this entire situation.

Beanie's daughter was not driving the car but yet she is being held accountable for the damages incurred to the guardrail.

IMHO the person driving the car should be held liable for those damages.

Now on the other hand Beanie's kid should be held accountable for failing to maintain insurance on the vehicle and even having to bite the bullet as far as repairs or replacement goes for her car, though a reasonable argument could be made against this last since she was not driving.

There is no question that her daughter acted stupidly from the get go, but to hold her responsible for the entire mess is just wrong.

Beanie I do appluad you on your stance in making your kid face the music. It is the only way she might learn something.

[Farmer_Joe]

I'd definitely talk to a lawyer about pursuing the idiot friend that created this mess to begin with, insurance or not - said friend is accountable - sue the basterd!

[LSMR]

Beanie-Your daughter needs to demand that her "friend" pay the damages to the guardrail & her car!If he/she doesn't then your daughter needs to cease all contact with this person.

Good luck & I hope your daughter learns her lesson.

[nitestar]

what LMSR said in spades. she can try . But his parents insurance may contribute to the paying the bill if not all

good luck beanie.

[beanie baby]

what LMSR said in spades. she can try . But his parents insurance may contribute to the paying the bill if not all

good luck beanie.

The kid is 19, doesn't live at home and his parents aren't responsible anymore.

I couldn't agree more, with the fact, yes, she screwed up. But he did also and he should be paying something.

The lawyer she has talked to has not handled a case like this, but knows one who has and the person ended up getting the other person to pay the bill, pay for the car and compensation.

[Hillbilly]

Well, the way I see this situation, the money is NOT what you should be concerned with, BB. What I see, is an opportunity for your child to get her head on straight. 20yrs from now, the money will seem a small bump in the road. Yes, she IS responsible for these costs. If, afterwards, she decides to, she can and should sue for re-embursement from the person SHE allowed to use her car. She made that decision, and its gonna cost her. Most importantly, though, is that she see, while she is not responsible for others, that poorly thought out decisions have serious ramifications.

[Wrongway]

Both parties have screwed up.
She, knowingly abetted the outcome without insurance.
He, knowingly he had no license thus no right to be on the road driving anyone's vehicle.

Your daughter needs to sue the boyfriend for at least a major share of the damages. She should not go scott free either.

It's sheer luck it was only a gaurdrail and not someone else. It's great that eveyrone walked away. What if it was someone else & they got seriously hurt? Their own insurance would have put up something but maybe not all the medical.

What if this all went to court & someone could prove that you knew she didn't have insurance or he didn't have a license or insurance? Now you could be implicated as well.

A stretch you might think. Not by todays' latigeous(sp?) standards.

[K C Brau]

I got to go with what seems to be the majority here, the only thing a lawyer could do is try to get the clown that was driving to take a little responsibility. However, our courts are full of these cases with not a lot of hope. Maybe Judge Judy could help.

I have long maintained that people would be less willing to loan vehicles if the law required that the vehicle driven by any unlicensed\suspended\revoked driver or illegal immigrant was automatically impounded. The roads are for those who pay for them and are willing to abide by the rules.

[Bikerboy]

Maybe the guy driving didn't no, there was no insurance. I think it is mostly the owners fault for not having insurance and allowing someone else to drive.

Don't let anyone else drive your vehicle. I never do, i'm 21 and have never let any friends drive my vehicles, i bought my own car when i was 16. i love my truck, to much to trust anyone else to drive it