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This is the drivers insurance problem, not yours. He bought insurance to protect him from liability. If they are not going to step up, then he is personally liable for the damage. Contact the guy and tell him his insurance is not responding so he is going to have to pay for the damage and seek reimbursement from his insurance carrier. Or he can lean on them and get them to pay for the damage. If he refuses, you only realistic option is to take him to small claims court. I expect the damage to your car is less than $5000, or you would have insurance coverage. If it is more than $5000 damage, and you cannot get him or his insurance company to respond, you may be partially out of luck. Hiring a lawyer will cost more than the claim is worth. You could try to DIY in regular court, but that is a minefield. You could also waive any damages above $5000 or whatever your state's small claims limit is and proceed in small claims.
I'm sorry but that is bad advice. First, that would be a pretty straight forward case. I doubt that a lawyer's fees would be more then the claim is worth. Unless it's a really high priced lawyer. Second, if the OP wins a judgment his legal fees would be part of the judgment. Third if he can't afford to hire a lawyer, it's not hard to find lawyers who will work for a contingency fee. It pays to hire a lawyer, regardless of the amount.
I was involved in a car accident a few days ago. I parked my car in a parking lot and a truck crash my car in the rear bumper and the trunk lid when the driver backed up his car. He originally escaped but luckily a witness saw everything and call him, then he returned to the scene and admitted it and gave me his insurance info, he also gave me a unsigned buyer tag receipt which shows he just bought this truck three weeks ago in a local dealership. I did not call the police as I trust him.
Thanks.
Mike
Statements like this leave me shaking my head. The guy tried to run off, but a witness saw the whole thing and got him to return. After this, you didn't call the cops because you trust him? Why in the world would you trust him when he already tried to flee on you?
I'm sorry but that is bad advice. First, that would be a pretty straight forward case. I doubt that a lawyer's fees would be more then the claim is worth. Unless it's a really high priced lawyer. Second, if the OP wins a judgment his legal fees would be part of the judgment. Third if he can't afford to hire a lawyer, it's not hard to find lawyers who will work for a contingency fee. It pays to hire a lawyer, regardless of the amount.
The OP did not say how much the claim is worth, but based on the way the property damage was described it does not sound like a very big claim.
I am an accident lawyer and I frequently give claimants who are fighting over a little property damage the same advice that Coldjensens gave them. The lowest fee I charge anyone anymore is about $1,500.00 and that contemplates a relatively simple and easy case.
Legal fees are almost never part of the judgment in an accident case. Parties in the USA are expected to pay their own legal fees unless there is a contract or a statute that requires separate payment of attorney's fees.
I do wish more people took the advice I give them about proceeding on their own in Small Claims Court. However, very few people do. I find it almost wasteful to give this advice for that reason.
Recently, things have changed. The dealership finally admitted that they have not sold the truck to the driver. So the truck drive was doing the test drive and he did not lie. So the insurance company is waiting for the dealership to send them a borrow vehicle form that is signed by the driver. not sure if the dealership will send it or not. so what is the next if the dealership have this form and send it to the driver's insurance company?
Quote:
Originally Posted by Cloudy Dayz
I'm sorry but that is bad advice. First, that would be a pretty straight forward case. I doubt that a lawyer's fees would be more then the claim is worth. Unless it's a really high priced lawyer. Second, if the OP wins a judgment his legal fees would be part of the judgment. Third if he can't afford to hire a lawyer, it's not hard to find lawyers who will work for a contingency fee. It pays to hire a lawyer, regardless of the amount.
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