Quote:
Originally Posted by tfmotors
You need a attorney fast... this is basically " hit and run " with a fancy legal name here in Oregon. If your husband cuts a deal or is found guilty of the crime, most likely there will be no jail time, but the insurance company who paid out on the claim for the accident, will file suit against your husband and most likely obtain a judgement for the cost of the claim.
May Trucking is self insured. I am going to call Monday and find out if they have paid the claim yet. I am considering adding them and the BLM (the tree and light pole place) to our Chapter 7 Bankrupcy just in case.
With the Criminal Charges filed against my husband for
Criminal Mischief in the first degree, and Criminal Mischief in the second degree there has to be intent. Which would mean that he intentionally damaged the property.
I can not see a company or insurance being held liable if their employee with Criminal Intent went and destroyed something.
As far as Failure to Perform Duties of a Driver the law states
ORS 811.700
(c) If the person is the driver of any vehicle involved in an accident resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall do all of the following:
(A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver’s name and address and of the registration number of the vehicle the driver is driving.
(B) Upon request and if available, exhibit any document issued as official evidence of a grant of driving privileges to the driver.
Being Property damage that is all my husband was legally required to do.
I know that Jackson County seems like a very corrupt place and I have been reading up on other cases and things down there.
Goin Fer It's Wife