Kubota RTV and CAR Accident.

[MessickFarmEqu]

Sounds to me like you might end up digging a bigger hole if you start inviting more questions.

 

[kthompson]

Well as an insurance agent...but not a traffic accident expert get professional advice.

Don't assume the officer was correct on any point. Hope my link to Ohio driver training book helps. http://publicsafety.ohio.gov/links/hsy7607.pdf

A quick look of their drivers book (in more than one area) gives me reason to believe the other driver is at best partly liable. Also look for max speeds at schools where it sounds like this happened.

To me it seems you and your brother are not trying to do anything wrong as he made effort to be legal to begin with.

But the main thing is no one was hurt and don't loose sight of that.

Do let me add, anything you are turning left you should check for driving passing regardless of what you are driving for there are nuts out there.

 

[LD1]

Please listen to all the well-meaning advice and then go get a lawyer.

This is exactally the goal. To hear others opinions and then posibally talk to a lawyer. There is damage to the car as well as the RTV, the issue is who is liable to pay for it. Kubota ins doesn't cover it and neither does the grange ins he carries on it. When he signed up for the grange ins he was upfront and told the agent his intent. The agent said it covers off road liability only and if he ever got in an accident that he was at fault, that they would cross that bridge when they got to it. He does plan on contacting them but I havent heard back about that yet but it doesn't sound like they'll cover it. So if it is indeed his fault he will be out of pocket to fix the other car, and the kubota ins to fix his rtv.


To answer some other questions that came up

1. Yes he drives these same roads every day.

2. He IS legal to drive this vehichle to and from work. We researched it to death before his purchase. SMV sign and flashers make it road leagal. And the fact that the officer said nothing about it confirms that.

If anything he is a safer driver than 90% of everyone else out there, due to his impairment he is overly cautious. No radios, or cell phones, or fast food. He CAN see well eonugh to even get a license, with special glasses to help see signs. But he didn't feel comfortable and felt he would be safer to everyone else going this route. But that is the only thing stopping him from getting a license, is the inability to read the smmall road signs, NOT because he cant see to "drive".

Regardless of how it turns out, I comend him for actually trying to make it on his own. Too many out there would just use this as an excuse to sit at home and live on everyone else's money, i mean welfare

 

[Dutch445]

LD,
This is why you have to take the opinions as just that, opinions
and not legal advice.

there is a lot going on here, and you have unknowingly contradicted
yourself along the way. you just posted that he could get a license,
yet up above it was "He is legally blind and has been riding a under 50cc moped two miles to his work for the last several years as he can never get a license due to his vision."

so keep your mind open to the opinions, we all have them. but leave
the legality to the appropriate people. i'm sure there
could be even more to this story that may come out as things
progress.

if anything, i think a lot of us have posted about the liability of operating
in such a way without liability insurance. fixing a car is cheap compared
to medical lawsuits these days, can you imagine one of those big time
TV lawyers getting ahold of a case like this in a personal injury? without
proper insurance, your family stands to lose a lot, even with insurance the
risk is high.

good luck

 

[Ken45101]

I am amazed that someone can daily drive an unlicensed UT to work, SMV or not.

AFAIK, the SMV is for farm or construction use, not for public roadway commuting. I highly doubt that I could take my RTV down to the state forest for a pleasure drive. I know that in Kentucky, they are very specific about how unlicensed off road equipment may be used (e.g. it wouldn't be legal on a public roadway in Kentucky unless it is licensed.)

Don't rely on what the LEO did or did not do. They are not prosecutors or lawyers. Most police do not know all the fine points of the laws, many don't even know the broad points of the laws.

Ken
southern Ohio

 

[LD1]

I apologize for contradicting myself. He CAN legally get a license but we always just say that he cannot due to the fact that he feels he wouldn't be safe behind a automobile that is much larger, much faster, and many more blind spots. He is 26 and has had to deal with this for the last 10 years and wehn asked about his vision and driving, it is just easier to say that he cant, instead of trying to explain everything.

So for clarification, he legally can get a license but cant in a personal sense.

 

[Scotty370]

More 'gray' than 'black and white' going on here! If the car damage is minimal, I think I'd consider paying it, and getting this behind you. Gotta be more to it, or every kid would be drivin' a tractor to the mall at 12yo! Questions such as "What farming operation were you engaged in at the time of the incident?" etc. A lawyer would be your resource for answers as mentioned, but my bet is he'd suggest you extract yourself from this whole issue as quietly as possible. ~Scotty

 

[TWO GUNS]

First, Thank God nobody was hurt >>>
Fix the car, fix the RTV, and lay low. Walk into the shadow on this and hope it goes away. One will spend more money fighting the " right / wrong " thing with lawyers . It not worth it .

Once had a brand new car-hauler tandem trailer that I lent out. ( First Mistake, I knew better ) Somebody run red light , totaled out trailer. Person who run light, had no insurance. I spent over six thousand dollars fighting this in court, to find out later, they didn't have anything, they will not ever have anything, and I will NEVER get paid for my brand new trailer. Now, What I should of done was, swallow my pride and took that money and purchased a new trailer. So now, I still had to pay lawyer fees, and then, go purchase me a new trailer ....
I paid dearly for that lesson ....

My suggestion is, fix it and let it go >>>>> LIFE IS TO SHORT !!!!

............... Two Guns >>>>>

 

[timswi]

I'm in the TWO GUNS camp..Let it go, there could be more trouble created than solved..This has way too many open ends. The car's insurance company will have a field day with this one.

 

[toy]

You never said whether you knew the people he hit or not. I would check and make sure that no one in the car went to the doctor or hospital, hopefully they didn't have to go. If no one was injured I would try to make it go away by trying to settle with them without involving a lawyer if I could, but just make sure if you can that they sign a release form when you make the settlement. If you do have a meeting with them and they try to be hostile with you and won't be reasonable then walk away. If he hit them in the side he will have to fix their car probably, but don't admit fault, just try to see where their mind is and if your brother has little financial wealth then it will cost them more to try and collect than they can get so they may be reasonable. Just hillbilly logic and not legal advice so take it for what it is worth, not much.