Legal opines please

[Doc Moose]

Long story short:

Drunk hit and took out a section of backyard fence at the daughters house.  Multiple DWI's, no insurance info on police report.  Likely no car insurance by the guy to pay for damages.

Daughter is understandably p'-od cuz their homeowners has a $1000 deductible they'll have to pay to get things fixed up - or the homeowners assoc. will get on their @ss about fixing it!

Do they have any recourse against the guy if he's uninsured for collection of the deductible they'll have to pay, or any part of the total cost?  Or do they have to eat it all?

[Big Mike]

Jim, it is called Small Claims Court. She may not have a problem winning, the problem might be collecting after she wins.

[BamaDrifter64]

If they arrested him, he should have to pay whatever your daughter is out of pocket as restitution.  District Attorney should make payment part of his sentence and probation.

If no criminal charges filed, a civil suit is her only remedy if he won't voluntarily pay for the damages.

[sheets]

Not an authority on legaleeze, but had a similar situation years ago.  Drunk - borrowed vehicle - no insurance - no nothing.  Homeowners policy would handle it with deductible and a rate increase.  Factor in depreciation for age of fence when damaged to arrive at value covered.  If its fairly new it may be worth the insurance claim.  My fence was 15-20 years old.  In the eyes of the insurance company, that old of a fence has little to no value.  I ate it.  Spent a couple years working on it piece-meal.     

[Big Rig]

If he did not total his car get the DA to put a lean on the car for the price of the deductable...assuming he owns the car....

[R J]

If he did not total his car get the DA to put a lean on the car for the price of the deductable...assuming he owns the car....

Ya put the lien on his drivers license.  I'm assuming if he had a fist full of DWI's he has no license.     NO pay the lien, NO drivers license issued until it is paid...............    This is through the Indiana DOT.......   Was the guy arrested?   If not, why not?

Either way she is in a big pile of Umpah...........   Help her out dad, she just moved over their and still working very hard to make a name ofr herself....

[vanagon40]

Mostly good advice here.  I am unaware of any procedure to put a lien on the guy's car.

Have your daughter contact the prosecutor and request restitution.  However, there is not always a lot the court or judge can do if the defendant does not pay the restitution.  This is even more true if the defendant will be spending significant time in jail or the department of corrections.

The Indiana BMV will suspend the defendant's license if your daughter obtains a judgment (e.g., small claims court) and the judgment is not satisfied.  The suspension will remain in effect until the judgment is paid.  However, if the guy has multiple DUIs, he may be facing (or already have) a 10 year suspension as an habitual traffic offender (HTO).  Stacking suspensions does not provide much incentive to pay a judgment.

There is NO prohibition in Indiana for the judge to order restitution in the criminal case AND the injured party obtain a civil judgment.

[Jess from VA]

If they arrested him, he should have to pay whatever your daughter is out of pocket as restitution.  District Attorney should make payment part of his sentence and probation.

If no criminal charges filed, a civil suit is her only remedy if he won't voluntarily pay for the damages.

I agree with BD.  He should have to pay, but whether the prosecutor makes it an issue in his criminal prosecution and sentence (by judge) is no sure thing.  "Victims rights" criminal sentencing is different to nonexistent all over the Country.  I recommend you create a package to give to the prosecutor to include pictures of damage, documentary evidence of homeowners insurance and required deductible, reputable estimate for repair, documentation of any other out of pocket expenses, if any (do not get greedy here), and a simple request that since the perp was uninsured, the prosecutor attempt to have the judge require payment/restitution for repairs as part of perp's sentence after he is convicted.  Call or make an appointment to see the actual person who will prosecute the case and ask for assistance, hand him the package (keep your own copy), and ask if this is a remedy the local District Judge(s) will meet out.  If so, the prosecutor can hand the package to the judge for the record to support the remedy.   Generally, enforcement of the ordered restitution can be had by a sentence which includes jail time which is all or partially suspended UNLESS payment is not made. (ie, what ever else he gets, he is looking at 30/60/90 days if payment is not made within a certain time period).

Of course, this assumes he was DUI or charged with anything requiring a court appearance.  If he got a simple prepayable ticket this remedy is out.  If the perp is a complete deadbeat, a civil suit is probably a waste of time, unless you get a judgment and then garnish wages (PITA). 

I know nothing about particular State law allowing a lien against suspended/revoked license. 

[RoadKill]

get his information from the court,assemble a mob and bring fourth some good ole fashioned vigilante justice! that is probably the only closure you can get....or leave it up to the justice system...

[Doc Moose]

Thanks for the advice.  I'll let you know how it turns out.

Daughter is mostly p'-od that it's more money out of pocket for someone elses stupidity and endangering other peoples lives and property.

[Hoosier Valk]

Thanks for the advice.  I'll let you know how it turns out.

Daughter is mostly p'-od that it's more money out of pocket for someone elses stupidity and endangering other peoples lives and property.

Like what has been said before - "Can't fix stupid". Best of luck to her.

[MNBill]

Request restitution, usually the prosecutor has a form that you fill out, the idiot can contest it so i would include some kind of estimate (cost of lumber, price of a contractor to do the job etc). In our jurisdiction the court collects the restitution, the judge can order the restitution be paid FIRST before the fine. This order means that the idiot has the jail sentence hanging over his head for not paying his fines (which come after the restitution) giving you a better chance at getting your money. Just something you can ask the prosecutor to do. Good luck !

[Black Dog]

What kind of fence?  If wooden, I can swing a hammer, and I'm thinkin' there a bunch of us that can 

Head to your local Home Depot, buy the lumber, and lets have a wrench (hammer) party...

I'm in 

Black Dog

[R J]

Mostly good advice here.  I am unaware of any procedure to put a lien on the guy's car.

 

It is called a mechanic's lien...........   We use it at the shop on dead beats all the time.........   Piises them off, but they do pay the bill........

[ArmyValker]

Yea, most large mechanics shop also have a large number of cars sitting behind them, the one I used to work at had about 40 cars the owner was holding the title for. After a certain period of time, he'd just sell them.

[fudgie]

I'm with B' Dog  I can be over in under 2 hrs, assuming she is at C-Ville. We'll have'er done in no time. Plus I been wanting to hit the 32 Saloon again.

[big turkey]

The guy is a drunk and he probably will never pay for the fence.

I recenlty quit drinking and this guy should too.

But for the grace of God , there goes me.

Help her out and build the fence back.

Then go find the guy and beat the Sugar out of him.


No that would put you in jail.

Just one of life's little treats is paying for the lesser person's mistakes.

Sorry it happened but the best thing is to just get er done and move on.

Big Al

[BamaDrifter64]

Mostly good advice here.  I am unaware of any procedure to put a lien on the guy's car.

 

It is called a mechanic's lien...........   We use it at the shop on dead beats all the time.........   Piises them off, but they do pay the bill........

A mechanic's lien is exactly what it says...it was created so that someone like a mechanic, who does work on an item, can hold the item until it's paid for....it's a civil remedy, not a criminal one.  No way to put a mechanics lien on the car in this situation.

Now some states might have laws where if a person is convicted of a driving violation that causes damage to another party, then basically a "lien" is attached to that person's driving license....it's cancelled and cannot be reinstated until that "lien" is paid...each state is different, so you would just have to check your state's laws....

Dave

[R J]

I'm with B' Dog  I can be over in under 2 hrs, assuming she is at C-Ville. We'll have'er done in no time. Plus I been wanting to hit the 32 Saloon again.

Fudgie, she is in Indy-nap-lass.

[fudgie]

I'm with B' Dog  I can be over in under 2 hrs, assuming she is at C-Ville. We'll have'er done in no time. Plus I been wanting to hit the 32 Saloon again.

Fudgie, she is in Indy-nap-lass.

Guess I'll go to Hooters then!

[FryeVRCCDS0067]

Have somebody else knock his teeth out. Then he pays you to fix them. Make sure the novocain wears off long before you are done. Give him a 30 day supply of disulfiram (antabuse) and tell his it’s a once a day antibiotic.

It won’t put money in your daughters pocket but it will put a smile on her face.

[fudgie]

Have somebody else knock his teeth out. Then he pays you to fix them. Make sure the novocain wears off long before you are done. Give him a 30 day supply of disulfiram (antabuse) and tell his it’s a once a day antibiotic.

It won’t put money in your daughters pocket but it will put a smile on her face.

Thats mean!   

[Doc Moose]

Ditto what Fudgie said!  

She's gonna see what homeowners says, then procede from there.  Her next door neighbor said it happens every year, some drunk takes out one of the wood fences along that row of houses.  It evidently was her turn. 

Scary thing, is this is one of the main N-S thoroughfares in Indy on the Northside of town.