Is there any JUSTICE?

[BroncoFan]

This really bugs me:

A friend of mine recently was in an accident in which he became paralized from the waist down. He is a father, husband and was main provider for the home. He goes to therapy at the mall on a hot windy day. His wife parks car in handicapped parking space and takes him into the mall for his session. When they return, they have been cited for parking in a handicapped parking zone without proper authority. During his session, the wind blew the handicap tag off of their mirror. Yet, it was in plain view on the seat.

My friend goes to speak with judge, and judge says, "just pay it. No, I will not drop it"

Why does this bother me??

[Tee]

It should bother you.

It seems the judicial system is taking a very hardline approach to this.

Your Friend was definitely deserving of the handicapped parking space.

The fact that the sign was not properly displayed should not have been that big of a deal for the judge. It's for situations like this that judges have latitude.

Municipal courts sometimes forget this. WHO WAS THE JUDGE?

If I was your Friend I would have to remind them of it.

Appeal the judges decision- send him a message.

[Highwayman]

Gee BF, I think it would really piss me off.

[BroncoFan]

One of the problems is that the Judge and clerk feel that it is not a big deal for this person to pay the fine (and court costs). Do they not realize that this person no longer has a job, and will have to train to get a new job? His life has changed enough the way it is.

Secondly, he now has to go to court to fight this, as he really cannot afford to pay for it. I would pay this fine for him, but it is the principle of it.

Why would the Judge/City Atty not just throw this out now? Is this city so desperate for revenue? (dumb question)

I know, let's make it up by letting a well known citizen get away with a DUI!

[Jolly Rancher]

Get this.

My daughter, fully licensed and insured, was hit in a grocery store parking lot (private). The 14 year old, unlicensed driver, with no other adult in the vehicle but with a sibling (3 years old) and no car seat, backed into my daughter (Buick Century) with her SUV. Scratched her bumper. Crushed in the entire front quarter panel of my daughter's car. I come to the accident after my daughter called me at work. The other girl's mother came to the accident scene after a call from her daughter. When the police arrived, the mother and daughter were given a stern warning that they were lucky that she was in a private parking lot because he can not ticket the child.

I think of several tickets: 1. No Driver's License 2. Improper backing 3. No child restraint 4. Endangerment of a child (both to the 14 year old and the 3 year old) 5. Driving restrictions (even if the girl had a license, she is not allowed to drive without a licensed driver until she is 16, and the mother let the officer assume that the child was driving, but the parent was in the vehicle). 6. Child neglect (on the parent who sent her daughter to the store).

I am told by the police that it is correct that they can not ticket the girl.

Where is the justice?

Oh, by the way, did I mention the other parties were hispanic? They kept speaking to each other in Spanish until I loudly mentioned to my daughter that I thought it was funny how Mexicans don't think anyone that is white knows how to speak Spanish. They stopped speaking Spanish and started whispering.

I don't know yet if the other parties had insurance. I have not yet received the report.

Now, the accident is considered a no-fault. We will have to pay for the damages.

Just my b**ch for the day.

[Bubba]

Originally Posted by BroncoFan

...Secondly, he now has to go to court to fight this, as he really cannot afford to pay for it. I would pay this fine for him, but it is the principle of it....

You might find an attorney who would do it pro bono just because of the underlying principals.

If not I would chip in $20 or so for attorney fees. If enough people feel like I do and would chip in a few dollars, you should be able to cover attorney fees in no time.

[lurker]

Regarding the handicap issue; the judge is an ass. The cop is a prick. Maybe they go together.

The underage driver shouldn't have been operating the vehicle. Contact their insurance company directly and provide all details.

[BroncoFan]

Originally Posted by Jolly Rancher

Get this.

My daughter, fully licensed and insured, was hit in a grocery store parking lot (private). The 14 year old, unlicensed driver, with no other adult in the vehicle but with a sibling (3 years old) and no car seat, backed into my daughter (Buick Century) with her SUV. Scratched her bumper. Crushed in the entire front quarter panel of my daughter's car. I come to the accident after my daughter called me at work. The other girl's mother came to the accident scene after a call from her daughter. When the police arrived, the mother and daughter were given a stern warning that they were lucky that she was in a private parking lot because he can not ticket the child.

I think of several tickets: 1. No Driver's License 2. Improper backing 3. No child restraint 4. Endangerment of a child (both to the 14 year old and the 3 year old) 5. Driving restrictions (even if the girl had a license, she is not allowed to drive without a licensed driver until she is 16, and the mother let the officer assume that the child was driving, but the parent was in the vehicle). 6. Child neglect (on the parent who sent her daughter to the store).

I am told by the police that it is correct that they can not ticket the girl.

Where is the justice?

Oh, by the way, did I mention the other parties were hispanic? They kept speaking to each other in Spanish until I loudly mentioned to my daughter that I thought it was funny how Mexicans don't think anyone that is white knows how to speak Spanish. They stopped speaking Spanish and started whispering.

I don't know yet if the other parties had insurance. I have not yet received the report.

Now, the accident is considered a no-fault. We will have to pay for the damages.

Just my b**ch for the day.

Now this sounds unreal! How can a person in a motor vehicle accident not be ticketted in a parking lot accident??
On the same token, how can my buddy be ticketted in a private parking lot. The parking lot is property of the mall owners. PRIVATE!

[BroncoFan]

I think that I will call the city atty (????) to ask if this is really necessary. Don't know the name of judge or atty.

[Tee]

It is true that kansas considers any driving accidents within a parking lot "no fault" as it pertains to insurance. However civil courts are not constrained to insurance practices as it pertains to "no fault" standards and civil courts are allowed to assign civil liability.

In other words...sue the bastards!! You will most likely win and be granted a judgement by default due to the fact that the other side will not show up for court. Even if they do show up, sounds like you have a good case. If they don't show or don't pay the judgement, then place a garnishment on the parents payroll. If you don't know where they work, get the judgement and then schedule an "Aid in Execution Hearing" to collect on the judgement. If they fail to show up at that, you can file for a hearing to "show cause" as to why they didn't show up for the "Aid in Execution hearing". If they fail to show for that, you can have a warrant issued for their arrest. The warrant will be a bench warrant for the amount that is owed to you, meaning; they don't get out til it is paid. Eventually, you will get paid.

Even if your insurance pays for the damages, you are allowed to collect ("subrogate") the damages on behalf of the insurance company. You must then reimberse your insurance company, which will eliminate your insurance premium increase due to the claim payout.