Need advice(sorry very long)

Discussion in 'Credit Talk' started by mike101, Feb 2, 2002.

  1. mike101

    mike101 Well-Known Member

    I hope that this is not considered off topic. If anyone believes that it is please let me know and Iâ??ll ask that it be removed and post it in the general lounge. Hereâ??s the story sorry itâ??s so long but thought you would need to hear it all.

    Last Saturday night my teenage daughter (letâ??s call her CM to avoid confusion) was driving by a local teen club and saw several friends standing around out front. She stopped in a near-by parking lot and walked back to club to talk with them. While chatting, a girl that has been upset with my daughter (over what else but a boy letâ??s call her AC) came out of the club, with about 5 friends, wanting to â??talkâ? with my daughter. My daughter ignored her and with her friends started walking back to car. When my daughter walked off ACâ??s friends became upset and followed her, yelling, name calling and threatening. A friend of my daughter interceded and was struck several times. My daughter pulled her friend away and stood between them. These girls then turned on my daughter, who then begins to retreat to the car. They followed striking her, etc. Once at the car while CM was attempting to leave, these girls slammed her hand, head, and ankle in the car door. The police, who apparently witnessed much of this finally came and broke it up but did not make any arrest though they did advise CM to have her injuries checked at the ER, which she did. Most of the girls attacking CM ran as soon as the police showed up. They did question one who it appears was over 21 but convinced the police she was only 15.

    CM went to the ER. Injuries were minor Thank God, but did require head, neck, and hand x-rays. I am guessing that the hospital bill for this will be around $500. Our insurance may cover part of it (not sure if the deductible for year has been met) but no doubt I will be responsible for part.

    There were many witnesses to this that have agreed to testify. Even, the manager of the club, who came out and apologized. I think that even AC would testify. We know her and her parents, they are good people and apparently AC had no intention of this happening and I tend to believe it. I have two names of girls involved but am missing last name and addresses of 3. In particular that of the 21 year old as she appears to have been the main aggressor. None of CMâ??s friends know this girl, nor does AC, but I believe that some of the other girls involved may know her.

    Almost all the negative items on my CR are medical related and the last thing I need is another doctor bill. Our local hospital is VERY quick to sue and the local courts tend to side with them. I was once sued by the hospital the involved in the above less than one month after service was rendered so you can see why I am concerned. I plan to sue in small claims court for the hospital bill but need the names of all involved to do that. I spoke with the legal guardian of one, who was pleasant but offered no names. I know the father of another and I know that there is no point in calling. What I need is a nice letter, with all the legal terms, to send to these parents/guardians demanding names and payment. This is something for which I have no talent whatsoever, but seeing all the great letters on here know that many of you do. If anyone has a letter that I could adapt to this or ideas or advice I would love to hear them.

    Also, if I do win is there anyway that they can assume legal responsibility so that the hospital will go after them instead of me?
     
  2. uniondiva

    uniondiva Well-Known Member

    you may need a police report to assist in substantiating your claims. you can also ask if the city police or da has a victim assitanc fund... since your daughter was assaulted, maybe you are eligible for assitance from this source? just an idea.

    I don't see how a letter on it's own would force the parents or the over 21 young lady to pay, unless either a criminal or civil court claim was pending. If these young people are under 21, you may have to sue legal guardian any way.

    also, what about the possibility of a claim against homeowner's policy or auto, i have heard of this happening but don't know any details.
     
  3. mike101

    mike101 Well-Known Member

    The police have not been much help and don't want to even talk about it. The girls I was considering sending this to I feel had less involvement, more followers.

    Also, I would think that before going to court I would at least have to make an attempt to get them to take care of the bill.
     
  4. Rina

    Rina Well-Known Member

    Oh, mike101, I'm so sorry to hear about that.

    The 21-year-old's parents certainly aren't financially liable.

    It seems to me if the police were witnesses, they took too long to help your daughter.

    In addition to any letter-writing help you get from here, definitely consult with a good attorney to protect your rights.
     
  5. mike101

    mike101 Well-Known Member

    To be honest, from what I have heard even if I win I may not be able to collect. My main concern is that this does not happen again and perhaps a nice civil suit would do that as the police have no intention of getting involved. My daughter is very athletic and strong, and could handle any of these girls one at a time, but when they attack in groups! She is also under strict instructions not to fight except under extreme circumstances. I think that this was such a case but she controled herslf, I'm very pleased with her.
     
  6. Kittw1

    Kittw1 Well-Known Member

    If there is a police report. I would suggest that you either contact an attorney that will assist you pro-bono or I would enter a complaint into small claims court against these "supposedly young ladies". Here in Georgia, parents are also responsible. In essence you could name the parents and their children for this and ask for damages (payment of medical bills, pain and suffering, etc.)
     
  7. mike101

    mike101 Well-Known Member

    I believe that is the case in my state as well and it is what I intend to do. I'm hoping that someone might have an idea for a letter that I could send to those who are "less" involved that might convince them, or their parents to provide names of the others.
     
  8. Rina

    Rina Well-Known Member

    What about suing the PD for negligence or some such?

    My CPR instructor told us if you hold yourself out to the public as CPR certified & someone is having a medical emergency, you are liable if you do nothing and the person worsens or dies.

    I would think this same logic applies to cops.
     
  9. mike101

    mike101 Well-Known Member

    I thought about that, but think in my area it would be a waste of time.
     
  10. monij2000

    monij2000 Well-Known Member

    I would be FURIOUS that the police did not make any arrests!!!!!!! They witnessed your daughter and friend getting jumped and made NO ARRESTS! I would consult an attorney and write a formal complaint to the Chief of Police, and CC the District Attorney. i would also have the other witnesses write down what they saw, and provide you their letters (while it's still fresh in their minds). Find out if it's too late to press charges and have them arrested! If you do this, you may have an easier time in the civil suit.. as far as the minors are concerned, their parents are liable financially for medical bills! Don't take this laying down! Make the police do their job!!!
     
  11. mike101

    mike101 Well-Known Member

    I re-read my post an realize that in trying to get the entire story out I probably really confused everyone. Sorry, I'm just not a writer. I'll try to clear things up a bit.

    I'm very grateful that my daughter was not hurt but do have two concerns. Her saftey, I do not want this happening again, and I think someone needs to take care of the hospital bill.

    I do not have the names of all involved and do not think that the police are going to be of any help. I have the names of two of the girls who were "less" involved than others. I think that these girls know the others involved. I would like to get those names from them and think a letter threatening to sue them might help. Perhaps their parents might then supply the names or force their children to. Any thoughts?

    Again, sorry for such a confusing post but thanks for all the feedback.
     
  12. breeze

    breeze Well-Known Member

    Mike, if you have Medical Payments (Medpay) coverage on your auto insurance policy, you can file a claim with your insurance company, since the injuries came from having the car door slammed on her. Tell the insurance company the contact information for the girl who started this, and they will likely go after her in a much more effective way than you ever could.

    MedPay pays for injuries in, on or around the vehicle.
     
  13. mike101

    mike101 Well-Known Member

    Good idea Breeze, I'll check with my insurance company. But I still have to get names. I mentioned above that the 21 year old convinced police that she was 15. I'm guessing that she gave them a phoney name and as 15 years old's generally have very little in the way of ID's the police probably never pursured it very far.

    Gotta run for a few minutes, my turn to make dinner. Wish you all were around here you could stop by for Taco's and beer. I'm a great cook.
     
  14. breeze

    breeze Well-Known Member

    You can still get the bill paid even if you don't have the names.
     

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