More stuff from the Oct. 12 getting hit by drunk driver accident:

I got a letter in the mail today from the Hennipen County corrections office. It said that if I want to persue any restitution to fill their 5 question form out and send it in. It sounds like the other insurance company doesn't want to reimburse my $500 deductible, and $110 from the tow bill. So I may apply for that, but the main thing I was wondering about is the loss of time, inconvenience, getting a vehicle to drive, and trailering the truck to all the different shops. I crunched some numbers and if I would have had a tow company haul my truck to the 3 shops it would have been $168. But I have no reciepts for this, only how many miles the trips were because we used Dad's truck and the car hauler to transport it. I also came up with $140 worth of down time that jobs had to be cancelled because we had no way to pull a trailer to the sites. This means I'm trying to get $308 out of the lady that hit me, apparently the restitution is paid directly from the "defendent." The issue is that at the bottom of the letter it says that you must have receipts to accompany all expenses. They also included a pamphlet that had FAQs and in there it said that uncompensated loss of wages may be included. Soooooo, how would you guys go about this? I was thinking type up some sort of proposal to give to them explaining everything that happened and why I want restitution. I mean the truck was out of commission for 5 or 6 weeks, right in the heart of fall cleanup season (we do lawn care and landscaping). Not to mention I had to drive an 80 Chev that got 8 MPG on a good day...

Any help/advice is greatly appreciated!

 

Let it ride. Submit for the expenses you can easily support with receipts. Going for more will only add to your frustration and add to the time you have already wasted.

 

Nevada is giving you some real good advice there

Do yourself a favor and don't worry about padding the bill, they aren't going to give it to you anyway and you will just suffer more aggravation.

 

You know, I would usually agree with Nevada and Larry. I mean, accidents happen. But in this case, since the driver was drunk, I'd say document your losses, on company letterhead if you have it, and submit them to the court. Submit every cent you're out because of her stupidity in getting behind the wheel drunk. Including the added fuel costs. It will probably take you a little while to put this all together, but you can't just brush off a drunk driver! Realize that you may or may not get the money directly so you won't be frustrated about it, but don't "let it ride".

And, consult a lawyer if you haven't already. Her insurance company is going to be trying to get you to sign off on stuff about not sueing in the future and waiving other rights you may have. Have a lawyer review anything before you sign it.

 

I agree with joel, talk to a lawyer before you do anything.

 

Personally if it were me. I'd just forget about it. Lawyers are expensive...........

I wouldn't "sign off" to anything but I wouldn't bust my neck running around trying to scrape stuff up to win a few hundred bucks that you mat or may not be awarded in court. I know it was a huge pain for you. I would just hope that the legal system gives the driver what she deserves, if she was drunk like you say, hopefully she gets a DUI and learns her lesson.

However I don't understand why if she was clearly at fault those charges (like the towing etc, wouldn't have been covered) personally I would just suck up the loss of trailering the truck to the shops. The actual towing bill from the scene of the accident definitely should have been covered though.

 

I'd skip the lawyer, but I would file for everything. What do you have to lose? Just a little more time to fill out the paperwork? If you get $1 more than your reciepts it will be a moral victory in my opinion. Yes, it could be frustrating, but you've already been frustrated this long, what's a little more.

 

You can't take it laying down. Just document everything and do it legitimately. You might be suprised. If it goes your way great if it doesn't well you tried. As far as the difference in mpg's of the vehicles I doubt it. Do a little work and submit it but don't blow a gasket.

Hondo

 

just because the court says she owes you the money, don't hold your breath on getting it. the courts will get there money from her[threaten jail] but they are just asking for your money.

 

Matt, Andy gave you some great advice. I got restitution for my lost wages from when I got my nose broke. The courts asked me what I wanted to see happen and one of the things was payment for lost wages from getting fired. They asked me "approx. how much?" and I told the guy. The week before Christmas I got a nice check from the court administrator's office. I didn't have to supply any proof as to how much the twelve days cost me. Call the court administrator's office and see what kind of documentation they need. You may be surprised.
Tom

 

I like the idea about the company letterhead. I don't plan on taking her to court, or getting any lawyers involved. I just want to get a nice one-time shot together to try and get something back. For a high school kid, the extra $100 I put in for fuel into that friggin 80 Chev is like gold. I am not trying to screw anybody over, but this was her second DUI, and she only got a 3rd degree. I think I'm going to type up a draft and post it here for you guys to pick through it for a bit and then submit it. thanks...

 

A "reciept" may simply consist of YOU documenting when, where, and how much $ was lost. Sounds open and shut to me. Just remember, this Restitution will likely come in the form of a Judgement, which are often ignored by the kind of people who drive under the influence. As Joel said, the Company letterhead is the way to go.

 

Her 2nd DUI????

You need to get yourself a lawyer and go for her jugular. If her insurance has to pay out to the max, it'll go on her record right alongside the DUI and make it that much harder for her to get insurance in the future.

AND, you should talk to the D.A. and see if they're going to pursue this and send her to jail. 2nd DUI??? Sheesh.

 

Unfortunately, in Minnesota, a second DUI is just getting warmed up. Recently had a woman on trial that had received her 23rd DUI if I remember correctly.

 

A drunk driver needs to be punished!!!!!! I am so sick of the crap. Push it all you want. You are lucky. Most times if hit by a drunk driver, an innocent victim dies!!!! Trust me I KNOW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!