Repairing Property Before Court

Summary

Repairing damaged property before a DUI court date isnt legally required but may positively impact the case. Document all efforts and provide proof of insurance. Courts are generally aware that an insured vehicles coverage often extends to any driver, not just those named on the policy. Ensure your public defender has all relevant documentation.

Full Conversation

My boyfriend got a Dui and unfortunately swerved and hit a brick pillar/mail box. Will the property need to be repaired/replaced before his court date? Will it make a difference?
Hello ****, while it's not legally required to repair or replace the damaged property before a court date, it may positively impact the case. However:
- It doesn't guarantee any leniency from the court.
- It's important to document the damage and repair process.
- Any agreement with the property owner should be in writing.
Our car in surance has more than enough coverage to cover it, and I actually drove by and it looks like they have already replaced and repaired it on their own. My adjuster said they haven't gotten ahold of the owners yet. I think they went ahead and repaired it on their own. I have called multiple times to my adjuster to make sure they have been contacted because I want them to know we are more than willing to cover it with our insuance
I see. It's great that you're taking responsibility. You should ensure your adjuster keeps trying to contact the owner. Document your efforts to reach out and willingness to cover the damage. It's important to have these records handy for any potential legal proceedings.
We do have a public defender. She didn't mention anything that we needed for the property damage.
In this case, it would be beneficial to:
- Provide your public defender with all documentation related to the property damage.
- Keep ensuring your adjuster contacts the property owner.
- Continue documenting your attempts to remedy the situation.
These steps could potentially influence your boyfriend's case positively.
Do they ask about the property damage at the proceeding?
Yes, the court may ask about the property damage during the proceedings as it's part of the overall incident. It's crucial to be prepared with all the relevant documentation and information.
Ok I will ask my adjuster to email a document that we are definitely covered to replace the damage and that they are ensuring that they are following protocol to repair the brick pillar
That sounds like a good plan, ****. Having that documentation can be beneficial. Remember to share this with your public defender as well. Is there anything else you need guidance on regarding this matter?
I will need to provide proof of insurance for the vehicle.
Yes, providing proof of insurance is crucial. In Kentucky, you are required to have liability insurance to cover any damages or injuries caused by a car accident. Make sure you have a copy of the insurance card or a statement from your insurance company.
My boyfriend was driving the car. He is not on the policy but USAA covers everyone in the car, even if I wasn't driving. So his name is not on the insurance card.
That should not be a problem, ****. As long as the vehicle itself is insured, it generally covers incidents regardless of who was driving. However, it's always a good idea to check with your insurance company to confirm their specific policies.
Yes they know. Is this common knowledge in the courts?
Yes, generally courts are aware that an insured vehicle's coverage often extends to any driver, not just those named on the policy. However, it's always wise to provide clear documentation from your insurance to remove any doubt.
OK thank you very much.
You're welcome, ****! If you have any more questions or need further assistance, feel free to ask. Best of luck with your boyfriend's case.