car accident with horse

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hlf2888
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car accident with horse

Post by hlf2888 » Fri Oct 16, 2020 7:37 pm

A month ago my worker was driving my car and hit a horse that ran onto the highway. He was not hurt, but sadly, the horse was killed. My car was destroyed. The police said it was the fault of the owner of the horse. They said the owner of the horse was responsible for the damage to the car or for reimbursement of the vehicle value. The horse owner had not maintained his fences.

Unlike insurance in Canada, the basic car insurance I purchased in Chile does not cover this.

At first the owner admitted it was his fault, now he is denying it. The police told my worker that the owner of the horse had to pay my legal fees if I needed a lawyer.

1) Does the owner of the horse pay my legal fees?

2) Do I wait until the judgement in the court in November and then hire a lawyer if the owner of the horse refuses to pay for my car or do I hire a lawyer now?

3) Has anyone experienced this before?

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Re: car accident with horse

Post by admin » Sat Oct 17, 2020 9:04 am

hlf2888 wrote:
Fri Oct 16, 2020 7:37 pm
A month ago my worker was driving my car and hit a horse that ran onto the highway. He was not hurt, but sadly, the horse was killed. My car was destroyed. The police said it was the fault of the owner of the horse. They said the owner of the horse was responsible for the damage to the car or for reimbursement of the vehicle value. The horse owner had not maintained his fences.

Unlike insurance in Canada, the basic car insurance I purchased in Chile does not cover this.

At first the owner admitted it was his fault, now he is denying it. The police told my worker that the owner of the horse had to pay my legal fees if I needed a lawyer.

1) Does the owner of the horse pay my legal fees?

2) Do I wait until the judgement in the court in November and then hire a lawyer if the owner of the horse refuses to pay for my car or do I hire a lawyer now?

3) Has anyone experienced this before?
you have to hire a lawyer. the costs are recovered in court, if you win.
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From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

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Re: car accident with horse

Post by hlf2888 » Sat Oct 17, 2020 6:21 pm

Thank you Alexchampal5 and admin ... and admin, I am flabbergasted that you changed your spelling lol

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hlf2888
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Re: car accident with horse

Post by hlf2888 » Thu Oct 29, 2020 11:26 am

Part Two I hired a local lawyer, paid a deposit and then she sent me this:

<<<Acabo de conversar con Rodrigo esta todo listo.

Lo que si por parte suya necesito un poder para representarla para ello necesito sus datos personales como: Nombre completo, Rut no sé tiene cédula chilena, estado civil, actividad y domicilio en Cauquenes.

Yo enviaré un archivo que contendrá copia del Mandato Judicial para representarla en el juicio.

Se debe concurrir a un Consulado Chileno en Canada, entregar el archivo para ser firmado el documento ante ellos, y nosotros con Rodrigo nos preocupamos de legalizarlo en Chile para que tenga validez legal.>>>

I am in Canada. We still have travel restrictions here. Taking a four hour train trip to Toronto, where the only Chilean consulate is located, is not feasible. Can't a person just hire a lawyer in Chile from Canada without all these tramites? A simple contract? I have all my documentation, cedula, passport.

Are these hurdles (visit to consulate) necessary just to hire a lawyer to represent me???
I am concerned that she did not tell me this until after I had paid a substantial deposit.

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Re: car accident with horse

Post by admin » Thu Oct 29, 2020 11:52 am

no, not for a power of attorney to represent you in court.

Make sure the power of attorney is strictly limited to the powers required.

number one biggest legal and financial mistakes we have ever seen people make in Chile was people signed an unlimited power of attorney, and most of the time was because they thought 'well, it will just be easier to sign one open power of attorney and be done with it'.

The others were typically signed by people that did not understand what they were signing and the implications.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
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Re: car accident with horse

Post by hlf2888 » Thu Oct 29, 2020 7:07 pm

1) So, I cannot hire a lawyer to represent me without giving them power of attorney?

2) There is no way I can go to Toronto, visit the embassy and send the POA off in time for the court date of November. Can the lawyer ask for an extension of 10 months since I am out of the country and under travel restrictions?

3) To do that she would still need a POA?

4) Does it look like I am totally screwed?

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Re: car accident with horse

Post by admin » Thu Oct 29, 2020 9:46 pm

well, you can hire a lawyer and not give them a POA, but what good does that do you?

If you want to get anything done they need a POA for signing settlments, court filings, etc.

I guess the other alternative is to fly back to chile.

Don't know about the extension. not enophe info. ask your lawyer. there may be statute of limitations or other deadlines.

The other option is to sign a POA at a local canadian notary, and then have do an apostille; however, there may be very specific reason why your lawyer needs you signed it at the consulate.

For example, we do not allow clients to sign POAs for real estate purchases at local foriegn notaries then have it apostilled, because real estate is one of those situations when it would not be a valid POA because it needs to be a public deed, among many other issues.

Just in general we avoid doing it that way, if for no other reason that on the other end, third-parties, may not recognize it just out of lack of familiarity with the process (it is pretty new). for instance, a court might reject it, or the other parties attorney. Which puts you back to square one with a whole pile of delays, and needing to go to the consulate anyway.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

proger
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Re: car accident with horse

Post by proger » Thu Oct 29, 2020 10:50 pm

poor horsey
good to know nobody else got hurt. suerte

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Re: car accident with horse

Post by hlf2888 » Fri Oct 30, 2020 12:24 am

proger wrote:
Thu Oct 29, 2020 10:50 pm
poor horsey
good to know nobody else got hurt. suerte
I am sad for the horse also

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Re: car accident with horse

Post by hlf2888 » Fri Oct 30, 2020 12:26 am

admin wrote:
Thu Oct 29, 2020 9:46 pm
well, you can hire a lawyer and not give them a POA, but what good does that do you?

If you want to get anything done they need a POA for signing settlments, court filings, etc.

I guess the other alternative is to fly back to chile.

Don't know about the extension. not enophe info. ask your lawyer. there may be statute of limitations or other deadlines.

The other option is to sign a POA at a local canadian notary, and then have do an apostille; however, there may be very specific reason why your lawyer needs you signed it at the consulate.

For example, we do not allow clients to sign POAs for real estate purchases at local foriegn notaries then have it apostilled, because real estate is one of those situations when it would not be a valid POA because it needs to be a public deed, among many other issues.

Just in general we avoid doing it that way, if for no other reason that on the other end, third-parties, may not recognize it just out of lack of familiarity with the process (it is pretty new). for instance, a court might reject it, or the other parties attorney. Which puts you back to square one with a whole pile of delays, and needing to go to the consulate anyway.
Thanks admin, the lawyer is working on an innovative option. Will share if it works.

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Re: car accident with horse

Post by hlf2888 » Mon Jul 19, 2021 5:33 pm

Today I got an email from the juzgado de policia. I am grateful for their response which was " Junto con saludar, informo a usted que para solicitar la suspensión de la audiencia debe presentar un escrito en formato Word a través de este mismo medio, señalando que es el propietario del móvil y que en estos momentos no se encuentra en el país.
a la vez acompañando el certificado de inscripciones y anotaciones vigentes."

What is an escrito? in this context, and where/how would I get a certificado de inscripciones y anotationes vigentes? I am in Canada until January.

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