If the people can do everything by themselves, why we need police and court??

[knight007180]

I came from China and just arrived US for half year. Before I come I think USA is the place full of justice and the law is enforced, people are protected. But this time I am wrong, I am totally disappointing what I have experienced here.
I had a car accident in March, when I drove normally in the I 59 in Mississippi, one car is driving craze fast and hit my car’s rear end, and my car is badly damaged. The police officer come and give the report that the guy who hit me is guilty and I can reimburse my damage by his insurance company. I went home and wait until the police report come[report number: 9 0 1 8 0 7 0 3 2 7 1 6 0 0 0 4], it shows that the driver did not have an insurance. My car have only liability insurance which is not cover my damage. I called the driver and he said he do not have insurance and do not have money to pay me. I called the MISSISSIPPI HIGHWAY PATROL police officer who give the report and they told me the other driver get a only a ticket for no insurance, that is all what they can do. They ask me to go to court and sue him for money back. I called the Forrest County Justice Court since the accident occur there. They told me I can sue him, but I must know the address where he live, which property he have, and even I know these, the court can only provide me a judgement no more, they will not collect money from him. I try to send the driver a demand letter to claim my damage with the address written on the police report, but the letter is send back to me said no receiver. I called MISSISSIPPI HIGHWAY PATROL again and the feedback is they do not in charge of searching the people. And the feedback from Forrest County Justice Court is that they also do not in charge of searching people and collect money. I have to search him by myself and collect money by myself. I also try to find some lawyer, but no one want to touch it because they said the people who hit me probably can not afford for the cost.
If I can find him and collect the money, why I need to go to court???!!! What is the police officer do when he know this guy do not have insurance and can not pay me? If the law and police can not protect people and punish the criminal, what they are used for? Only send ticket?
It seems I can never get back my money from the guy who hit me. I am totally disappointing with the law, the court and the police here. They are doing nothing at all. They ask the victim to do everything by themselves.
Compare with United State, in China, the third world country. If this case happened in China, the guy who do not have insurance and damaged other car will put into Jail, his car will towed and sell out if he do not pay for the other car’s damage. The police department will sue him and the court will force to sell his property to pay for his damage.
I can not believe the law enforce system in USA is even worse than a third world counter.

Zhang
[email protected]

 

[Asclepias]

Welcome to america and next time get full coverage.

 

[Iceweasel]

Welcome to America. Yes, the laws suck and favor the criminals to a great extent. It's a civil matter so the police can't help collect the money. Sounds like you sent it registered mail. All he has to do is say he didn't get it, and maybe he didn't. Sounds like he isn't intending to pay, a demand letter will do no good.

What you need to do is file the case in small claims, take the paperwork to a process server (often sheriff's office can do this) and have him served. Even if you win there's no mechanism to collect, you can go to collections but they take about half. There a few other options but if he doesn't have the money you really aren't going to see any.

That's why it's always a good idea to have uninsured motorist coverage on your car. Still won't cover damages but if you get hurt it will cost a lot more and you'll be in the same boat.

 

[there4eyeM]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

 

[Iceweasel]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

Are you serious?

Oh, you mean you don't get the license until you are insured? DL is usually good for 5 years though, right?

 

[knight007180]

Welcome to America. Yes, the laws suck and favor the criminals to a great extent. It's a civil matter so the police can't help collect the money. Sounds like you sent it registered mail. All he has to do is say he didn't get it, and maybe he didn't. Sounds like he isn't intending to pay, a demand letter will do no good.

What you need to do is file the case in small claims, take the paperwork to a process server (often sheriff's office can do this) and have him served. Even if you win there's no mechanism to collect, you can go to collections but they take about half. There a few other options but if he doesn't have the money you really aren't going to see any.

That's why it's always a good idea to have uninsured motorist coverage on your car. Still won't cover damages but if you get hurt it will cost a lot more and you'll be in the same boat.

Thanks for the information, the small amount collection court even did not take my case since I can not find his correct address, they only send the summon by mail. They ask me to find the correct address of him then I can file a law suit.
I believe the better way is to buy a full coverage insurance. In this case I was so trust the law in US that everybody should have a insurance on his car. And the other reason is that the full coverage insurance is so expensive. This is also what I can not understand that people will only pay a fine for driving the uninsured car and make others suffering from it.

 

[knight007180]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

 

[Iceweasel]

Welcome to America. Yes, the laws suck and favor the criminals to a great extent. It's a civil matter so the police can't help collect the money. Sounds like you sent it registered mail. All he has to do is say he didn't get it, and maybe he didn't. Sounds like he isn't intending to pay, a demand letter will do no good.

What you need to do is file the case in small claims, take the paperwork to a process server (often sheriff's office can do this) and have him served. Even if you win there's no mechanism to collect, you can go to collections but they take about half. There a few other options but if he doesn't have the money you really aren't going to see any.

That's why it's always a good idea to have uninsured motorist coverage on your car. Still won't cover damages but if you get hurt it will cost a lot more and you'll be in the same boat.

Thanks for the information, the small amount collection court even did not take my case since I can not find his correct address, they only send the summon by mail. They ask me to find the correct address of him then I can file a law suit.
I believe the better way is to buy a full coverage insurance. In this case I was so trust the law in US that everybody should have a insurance on his car. And the other reason is that the full coverage insurance is so expensive. This is also what I can not understand that people will only pay a fine for driving the uninsured car and make others suffering from it.

They send out a notice by mail, you have to have an address for them, it should be on the report. But that isn't proof that they got the notice, that's where the process server comes in. The judge will toss the case if you can't prove they got it.

It is the law that we all have insurance but not all people obey the law. The jails are too full to arrest people for it. They should have impounded his car though.

 

[Iceweasel]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

Most states I lived in would yank your license for driving uninsured.

 

[there4eyeM]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

As was said, insurance should come from the authorities that insist on having it, that way everybody would and everybody would know.

 

[Iceweasel]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

As was said, insurance should come from the authorities that insist on having it, that way everybody would and everybody would know.

You want the state to handle insurance? Yours isn't expensive enough?

 

[Asclepias]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

As was said, insurance should come from the authorities that insist on having it, that way everybody would and everybody would know.

You want the state to handle insurance? Yours isn't expensive enough?

Isnt the state requiring you have insurance? They could make it very inexpensive to have.

 

[knight007180]

Welcome to America. Yes, the laws suck and favor the criminals to a great extent. It's a civil matter so the police can't help collect the money. Sounds like you sent it registered mail. All he has to do is say he didn't get it, and maybe he didn't. Sounds like he isn't intending to pay, a demand letter will do no good.

What you need to do is file the case in small claims, take the paperwork to a process server (often sheriff's office can do this) and have him served. Even if you win there's no mechanism to collect, you can go to collections but they take about half. There a few other options but if he doesn't have the money you really aren't going to see any.

That's why it's always a good idea to have uninsured motorist coverage on your car. Still won't cover damages but if you get hurt it will cost a lot more and you'll be in the same boat.

Thanks for the information, the small amount collection court even did not take my case since I can not find his correct address, they only send the summon by mail. They ask me to find the correct address of him then I can file a law suit.
I believe the better way is to buy a full coverage insurance. In this case I was so trust the law in US that everybody should have a insurance on his car. And the other reason is that the full coverage insurance is so expensive. This is also what I can not understand that people will only pay a fine for driving the uninsured car and make others suffering from it.

They send out a notice by mail, you have to have an address for them, it should be on the report. But that isn't proof that they got the notice, that's where the process server comes in. The judge will toss the case if you can't prove they got it.

It is the law that we all have insurance but not all people obey the law. The jails are too full to arrest people for it. They should have impounded his car though.

Yes, that is what the court told me, I send the registered letter to the address in the police report, but it show no receiver. So the court refused to open a case. I should ask them to impound his car if I know he do not have insurance, but the police officer at that moment told me he have insurance and ask me to contact his insurance company to get my car repaired. That confused me a lot.

 

[knight007180]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

Most states I lived in would yank your license for driving uninsured.

It happened in Mississippi, it should be a heavy punishment for that kind of behavior.

 

[Iceweasel]

Welcome to America. Yes, the laws suck and favor the criminals to a great extent. It's a civil matter so the police can't help collect the money. Sounds like you sent it registered mail. All he has to do is say he didn't get it, and maybe he didn't. Sounds like he isn't intending to pay, a demand letter will do no good.

What you need to do is file the case in small claims, take the paperwork to a process server (often sheriff's office can do this) and have him served. Even if you win there's no mechanism to collect, you can go to collections but they take about half. There a few other options but if he doesn't have the money you really aren't going to see any.

That's why it's always a good idea to have uninsured motorist coverage on your car. Still won't cover damages but if you get hurt it will cost a lot more and you'll be in the same boat.

Thanks for the information, the small amount collection court even did not take my case since I can not find his correct address, they only send the summon by mail. They ask me to find the correct address of him then I can file a law suit.
I believe the better way is to buy a full coverage insurance. In this case I was so trust the law in US that everybody should have a insurance on his car. And the other reason is that the full coverage insurance is so expensive. This is also what I can not understand that people will only pay a fine for driving the uninsured car and make others suffering from it.

They send out a notice by mail, you have to have an address for them, it should be on the report. But that isn't proof that they got the notice, that's where the process server comes in. The judge will toss the case if you can't prove they got it.

It is the law that we all have insurance but not all people obey the law. The jails are too full to arrest people for it. They should have impounded his car though.

Yes, that is what the court told me, I send the registered letter to the address in the police report, but it show no receiver. So the court refused to open a case. I should ask them to impound his car if I know he do not have insurance, but the police officer at that moment told me he have insurance and ask me to contact his insurance company to get my car repaired. That confused me a lot.

If you send a letter registered and they refuse it you have no evidence he had notice. See my comments about a process server above. Sounds like he had an insurance card
but it was not valid.

 

[there4eyeM]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

As was said, insurance should come from the authorities that insist on having it, that way everybody would and everybody would know.

You want the state to handle insurance? Yours isn't expensive enough?

Isnt the state requiring you have insurance? They could make it very inexpensive to have.

What is the logic of having a law that only serves to provide business to an enterprise? Licenses and plates are required, but they aren't sold by Allstate.
"They could make it very inexpensive to have," and totally egalitarian. Everyone would be protected (except the insurance companies, that would no longer be protected by the law).

 

[Iceweasel]

Again, this is why car insurance should come from the same place as drivers' licenses and registration plates.

The people who hit me purchased the insurance for license register, after that he just cancel the policy and ask the money back. No one monitoring if he have the insurance or not when he is driving on the road.

As was said, insurance should come from the authorities that insist on having it, that way everybody would and everybody would know.

You want the state to handle insurance? Yours isn't expensive enough?

Isnt the state requiring you have insurance? They could make it very inexpensive to have.

What is the logic of having a law that only serves to provide business to an enterprise? Licenses and plates are required, but they aren't sold by Allstate.
"They could make it very inexpensive to have," and totally egalitarian. Everyone would be protected (except the insurance companies, that would no longer be protected by the law).

Insurance laws are not enabled to provide income for insurers, it's to protect innocent citizens, mostly injury. I am seriously not interested in obamacare for cars.

 

[knight007180]

I have claim this case in a Collection company called " Legal Action Bureau" , they do a investigation on him and told me this guy is a professional truck driver and owned a truck, he worked for a transportation company and 2 bank account. He is not that poor people but just not want to pay my damage. The collection company ask me to pay for the court and sue him. The collection company say no collection no pay, but now they ask me to pay for the court about $500, is that normal?

Thanks.

 

[Iceweasel]

I have claim this case in a Collection company called " Legal Action Bureau" , they do a investigation on him and told me this guy is a professional truck driver and owned a truck, he worked for a transportation company and 2 bank account. He is not that poor people but just not want to pay my damage. The collection company ask me to pay for the court and sue him. The collection company say no collection no pay, but now they ask me to pay for the court about $500, is that normal?

Thanks.

That's not normal for small claims court. It's $30 here. Collections takes about half the judgement though. If he's a trucker he must have insurance. Find out who it is and call them direct.

 

[knight007180]

I have claim this case in a Collection company called " Legal Action Bureau" , they do a investigation on him and told me this guy is a professional truck driver and owned a truck, he worked for a transportation company and 2 bank account. He is not that poor people but just not want to pay my damage. The collection company ask me to pay for the court and sue him. The collection company say no collection no pay, but now they ask me to pay for the court about $500, is that normal?

Thanks.

That's not normal for small claims court. It's $30 here. Collections takes about half the judgement though. If he's a trucker he must have insurance. Find out who it is and call them direct.

I have the name and phone of this guy from police report, I called him but he refused to pay. Maybe the truck have insurance but the car he drive that day did not show any insurance on it. He is driving a old Ford that day.