WWYD? Car accident

[Deleted]

DH was in a car sccident. The other driver is, without question, at fault- he turned right from the center lane into the EXIT of a Harley dealership, and hit DH who was traveling straight in the right lane. The third party witnesses all confirmed this, the damage is consistent with this, the video of the incident supports it. In addition, DH sounded his horn and the driver didn't hear it because he had on ear headphones on.

The other driver has denied liability. He has given an assortment of conflicting accounts, all of which were demonstrably false or simply not an excuse. He also denies he was wearing headphones, but the video camera shows he was.

He has no insurance. Well, he has minimal insursnce- $5K in property, which is the state minimum. Our losses are in the range of $175K. DH was in a new, $100K car, which was totaled, and while our insurance covered replacement of the SUV, it doesn't cover lost use (DH's car has to be special ordered, and he won't get a replacement until mid-May; under Califormia law he is entilted to the value of a comparable replacement until his new car can be ordered,and a comparsble replacement costs $10K/month at the least expensive rental agency I have been able to find). It also doesn't cover Nika's vet bills, replacing $10k in after market parts, replacing the huskies $1.5K crate (which have to be replaced after an accident, like car seats). We do have underinsured motorists, so the guy won't be on the hook for DH's medical (at least, not to us;he will be to our insursnce carrier).


So, here's the wrinkle. The other driver is a UK citizen, just relocated to California (doesn't have a CA license, BTW), and while he had virtually no insurance, he has assets - a house in the UK, a yurt that doubles as a yoga studio, the converted van, a $20K motorcycle, half a dozen MacBooks. He is a licensed psychologist with a PhD, a published author, and a self-described public figure who refers to himself as the "White Gandhi". His grandfather founded a major clothing factory in England, his father owns a rock venue where the Beetles launched. And in England, a creditor can force a debtor into selling his possessions, including his home, to pay a debt.

Under normal circumstances, I want not go after someone's house. I would totally be willing to accept the Harley as payment. I would not normally entertain going after someone's house, even though it means we were out of pocket a lot of money for loss, because that's just gross.

But this guy has been SUCH a hypocritical asshole. Total new age hipster. His FB page is riddled with statements about the need for accountability and integrity, living your truth, material possessions impeding thr path to enlightenment, etc. He actually refers to himself as the White Gandhi. But clearly he doesn't live by this. He has denied liability even though he obviously was at fault. He lied about wearing in ear headphones even though the security tapes show he was. He gave DH a false address at the scene and has ignored my emails to him and his personal assistant asking for his address. Because he is a professional motivational speaker, his location on weekends is public, so I can still have him served, but it will increase the cost needlessly.

I have drafted a complaint and sm going to file this weekend. I am jut wrestling with whether to ask for our total losses (recognized by thr law) or just a more modest figure. I do understand its not the other driver's fault that DH was in a super expensive car, but under CA law that's irrelevant. A plaintiff has to pay for actual losses, not reasonable ones. I should go ahead and file, right? I think keeping it is awful to take his house- and I will have to to satisfy this judgments- but we would not have gotten to this point if he had been civil and offered to pay, for example, for some less expensive SUV (while we are in a rental) and not continued to try to evade lability.

Thoughts appreciated. :-)

[Muddled]

I feel like you would advise someone else to ask for everything and thus start the negotiation.

[tripleshot]

I'd ask for total losses. This was 100% his fault and he needs to be accountable. It sounds like you have plenty of evidence to prove that. Just because you can cover the loss yourself doesn't mean you should. I'd have no pity for him based on your post. Balls to the wall.

[Dezi]

Considering that he's being a total asshole about it, I would go for everything.

[ECB]

Feb 20, 2015 12:50:10 GMT -5 littleduck said:

He has evaded you and his responsibility as a reasonable person. I would go after everything.

This is where I'm at.

I too wouldn't want to go for "everything" because it would make me feel bad, but if he's being an ass and not at ALL living up to his  own professed words.... fuck him. 

[hereigo]

Yes, file.

It may not be the others guys fault that your H was in a expensive car, but its y'alls fault that he was the cause of the accident..

He wants to be a huge pain in your ass, you should return the favor and be a pain in his.

[MWOS]

welcome to America, motherfucker



hope your pup is okay <3

[waffletime]

Feb 20, 2015 12:51:52 GMT -5 Dezi said:

Considering that he's being a total asshole about it, I would go for everything.

Yup.

[Deleted]

Feb 20, 2015 12:50:45 GMT -5 mp said:

It would depend on his attitude, to me. Is he super apologetic and wanting to make it right? Then I would go for reasonable and not for everything.

I'm glad Nika & your H are ok, though. Eesh.

No, he has refused to speak to us. I found his email online, don't habe a phone number for him, and while his insurance adjuster told me is is getting them he has declined to respond. DH wouldn't have gone after him eat all,me scent for maybe a few thousand to cover a cheap rental, had he not been a jerk.

[CurlyQ284]

I agree. Fuck him.

[ECB]

I think I'd also start quoting his FB page to him.

[Deleted]

My only unhelpful thoughts:
(1) OMG, I'm so sorry your husband was in an accident. Glad he's ok. Fuck about the car! UGH.
(2) LMAO that you are dealing with a guy who has a yurt.

(heart)

[TrickyBob]

I cannot wrap my head around most of this money amounts. Remind me to never get in a car accident in California.

I am glad he and the pup are okay. I would go after the dude full stop for being a dick.

[malibu]

I would go after him for full damages. Just your description of him makes me cringe. Wearing earphones while driving? Dumbass. This guy thinks he owns everything, I'd go after it. The lying about his address at the scene, the fact he refers to himself as White Gandhi...ugh. Take him down, elle. If he'd been apologetic, was willing to talk with you rather than ignoring contact attempts, I might be more inclined to say to go after reasonable figures, but he sounds like an absolute douchebag.

And yes, how is your H? If it totaled his car, that couldn't have been a very minor accident. Is Nika OK?

[TC]

The fact that you are asking if you should go after everything when it sounds like the dog was in the car AND this guy is a great big douche has me laughing. Just look at your sweet pups face and let the mommy rage give you power.

[rosiebear]

White Gandhi + yurt sealed his fate for me.
Take all to which you're entitled.

[Bernadine]

Feb 20, 2015 12:50:45 GMT -5 mp said:

It would depend on his attitude, to me. Is he super apologetic and wanting to make it right? Then I would go for reasonable and not for everything. (ETA - that was a hypothetical. Since he is not being kind & reasonable - I'd pursue the full scope of what I was able to pursue.)

I'm glad Nika & your H are ok, though. Eesh.

This is where I am.  I'd go after what you can, since he's being an ass.

[zizibet]

I'd do it. He hit you, caused a lot of damage, he needs to pay. I' not seeing extenuationg circustances here.

[Deleted]

also. He's losded. Not him, but nis family. Presumably he thought he didn't need insursnce because no one j. a,Erica would go after assets in England. Ha! Maybe don't hit a car that belongs to a lawyer who sees enforcing foreign judgments as child play.

[TrickyBob]

Also, couldn't providing false information be seen as akin to a hit and run?

[kittyb]

Feb 20, 2015 12:50:10 GMT -5 littleduck said:

He has evaded you and his responsibility as a reasonable person. I would go after everything.

This. If he had taken full responsibility, I would be be satisfied with going for the minimum. Why should you be reasonable when he's not?

Hope your H and Nika are on the mend!

[CurlyQ284]

Do you have to be licensed to be a process server? I wouldn't mind serving him myself at one of his events lmao that will be hilarious

[pagas]

I would go after him for full damages, it was his fault and it is his responsibility to make you whole.

What kind of car was it? Is there any way to expedite the ordering process?

[pooh8402]

because he's being an asshole, go for all of it. get thee a lawyer.

missed the part about your dog. he hurt your dog??? oh, go get his ass.

[floridakat]

Aside from him being an asshole, he's also underinsured. And it sounds like he can afford proper insurance. Why should you guys go OOP because he's trying to save a buck with insufficient insurance? It's one thing if he's working three jobs to feed a family of seven and can only afford the bare minimum. It's not your fault he's a cheap skate on top of being a despicable human being.

[Deleted]

burn it down

[Deleted]

Take that fucker's yurt and burn it to the ground (figuratively).

[rex]

if this were someone else posting, i think you would tell them to go for all of it, and that's what you need to do.

and that dog is your baby! he hurt your dog! fuck him. 

[Kit]

He's being a dick. Take him for everything he's got.

[Deleted]

Feb 20, 2015 12:57:06 GMT -5 kevin arnold said:

I'm sorry, elle, but I cannot give you legal advice over the internet.

Just kidding! Fuck this asshole. Who drives with headphones on?! I hope this goes as smoothly as possible for you.

A lot of people here in LA. A loooottttt of people. Assholes.