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echo: askacop
to: RICH WILLBANKS
from: RD THOMPSON
date: 1998-02-09 15:00:00
subject: Re: Impoundment

Hi Rich, as you were just saying about Re: Impoundment....
RW> RT> driver was a teen-age male who was specifically excluded
RW> RT> from the owner's insurance policy.  He hit and ran (my wife
RW> RT> got his license number) so the police caught up with him. 
RW> RT> she got hit again by a young woman.  Suspended license, no
RW> RT> insurance, no registration on the car.  Guess what?  We have
RW> RT> to pay to get it fixed again.  Meanwhile, the police are
RW> 
RW> did you contact a. . .. . .lawyer?  You might
RW> wind up with nothing but their piece of junk car but
RW> you should have a good case.  Even if all you get is a
RW> piece of junk car they won't be driving it and a scrap
RW> yard will haul it off for free.
 
To get his car (actually, his parents) would have been one thing, but
as you note below, it was not his car and was 'borrowed' without
permission.  They, of course, did not pursue it as a 'stolen'.  I was
more concerned (at the time) with getting my wife's car fixed.  Here in
Arizona, uninsured motorist only provides coverage for "...damages due
to bodily injury or death if the motor vehicle that caused the bodily
injury or death is not insured by a motor vehicle liability policy that
contains at least the limits prescribed in section 28-1170."   ARS
20-259.01, Subsection E. 
 
RW> RT> My wife is going to start pushing for legislation to get
RW> RT> drivers like that off the streets by immediately impounding
RW> RT> their cars when they get into an accident with no insurance
RW> RT> and/or drivers license. 
RW> 
RW> They are trying that w/ DWI cases in places but are
RW> running into trouble.  You wind up with cars that are
RW> not owned in part or not at all by the driver.  Then
RW> you are punishing the other owner w/o cause.  If
RW> someone's name is on the title you can't very well keep
RW> them from driving it and you dang well can't control
RW> what they do in it.
My opinion is that if the car is being used 'with permission' of the
vehicle's owner, then the owner has no bitch as it is still their
property and their responsibility for its operation.  If the vehicle is
used 'without permission', then I would expect that charges pursuant to
auto theft should be pursued against the driver.
Take for example, my wife's accident.  Why should it be possible for
the woman who hit my wife to be able to continue driving (as if nothing
had happened) after causing an accident and having no driver's license
(suspended), no registration (expired) and no insurance.  She ought to
be taking a damn cab or a bus home from the accident.  Not be driving. 
There is no way that a correct system should cause the innocent party
to be the only one who has to pay for damages to their car.
RD 
sandman@azstarnet.com - A newspaper ISP - Arizona Daily Star
sandman@brassroots.org - A no compromise gun rights organization.
http://www.azstarnet.com/~sandman
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