Anyone collected from a small claims settlement in PA? If so how?

[jimazee]

Originally Posted by fisheye

Just out of curiosity; did you get a copy of the police report? I was recently rear-ended and got a copy of the report from our local police. I presume that our State Police handled your accident? I would also presume that you could 'purchase' a copy from them? It only cost me $15 for a copy of the from my local police department and my insurance company paid me back the $15.

By the way; does anybody think our roads are getting more dangerous? This last year I have seen more drivers in the wrong lane, unsafely passing, swerving or running red lights and stop signs. I don't mean to hijack this thread - perhaps I should start another thread on this subject?

When we were rear-ended; we wished that the driver was given points - but have no evidence that they received any punishment. I have even been told that our police have a hard time proving anybody was talking on a cellphone when an accident occurs. If another driver cost you pain, money, time or whatever; you wished that our system worked better. In our case we at least had the larger vehicle that suffered the least amount of damage and we got a new bumper out of the deal - but we could have suffered physical damage.

Yes, I think all the phones, text, electronics, even internet crap in cars increases the danger a lot. I haven't looked for supporting stats (if you do, don't bother with 'fatalities' stats rather than accidents...the new cars are much safer, so crashes are the indicator), but it seems there are many more one car and 'unexplained' daytime off the road into tree, crossed over median, and rear enders reported on TV and in papers. It could be my imagination but I'd bet not.

In a few years this will pass and cars will drive themselves...in the interim, it is like the wild west out there at times and never assume the other guy/gal is looking and in control.

[boredinBing]

Originally Posted by fisheye

Just out of curiosity; did you get a copy of the police report? I was recently rear-ended and got a copy of the report from our local police. I presume that our State Police handled your accident? I would also presume that you could 'purchase' a copy from them? It only cost me $15 for a copy of the from my local police department and my insurance company paid me back the $15.

By the way; does anybody think our roads are getting more dangerous? This last year I have seen more drivers in the wrong lane, unsafely passing, swerving or running red lights and stop signs. I don't mean to hijack this thread - perhaps I should start another thread on this subject?

When we were rear-ended; we wished that the driver was given points - but have no evidence that they received any punishment. I have even been told that our police have a hard time proving anybody was talking on a cellphone when an accident occurs. If another driver cost you pain, money, time or whatever; you wished that our system worked better. In our case we at least had the larger vehicle that suffered the least amount of damage and we got a new bumper out of the deal - but we could have suffered physical damage.

The PA state police are saying the report is not completed yet and they don't have time to because they are chasing that fugitive who shot the troopers, so they are maxed out right now. The trooper who was at the scene did release the guys insurance info to me tho. I will get a copy as soon as it's available.

The guy admitted to the cops it was his fault, even the tow truck guys told me he said the same thing to them and the owner even said he can't believe how bad this was, that this guy could easily have killed me and doesn't even have insurance to pay for my car. He said he'd even help me research to find out if this guy ever buys a car or house etc. so I can take it from him if I win a judgement. I'm in dire straits at this point because of his lack of insurance and the PTSD and pain from this accident, I'm a mess and it feels like he's just gonna walk away from this...I'm so angry!!!!!

[Wells5]

Unfortunately since the other driver did not have insurance, no "personal injury" lawyer will take your case on a contingency fee basis. You might try contacting the Legal Aid Society of Mid New York. If you meet certain income guidelines, they may take your case or at least offer advice.

You can't sue for "pain and suffering" (as the OP inferred) in PA justice court. That's a matter for the Common Pleas Court.

[boredinBing]

Originally Posted by Wells5

Unfortunately since the other driver did not have insurance, no "personal injury" lawyer will take your case on a contingency fee basis. You might try contacting the Legal Aid Society of Mid New York. If you meet certain income guidelines, they may take your case or at least offer advice.

You can't sue for "pain and suffering" (as the OP inferred) in PA justice court. That's a matter for the Common Pleas Court.

The lawyer I have now did take the case on contingency, because I am covered through my own insurance for pain and suffering. The issue I'm having is suing this guy for the property damage. My medical bills and pain and suffering go through my own car insurance so they took my case for that part.

[Wells5]

Originally Posted by boredinBing

The lawyer I have now did take the case on contingency, because I am covered through my own insurance for pain and suffering. The issue I'm having is suing this guy for the property damage. My medical bills and pain and suffering go through my own car insurance so they took my case for that part.

I was under the impression that your insurance only covered your medical expenses due to the uninsured driver. You may not be left with much for pain and suffering after your lawyer takes her cut. Did you try to settle with your insurance company yourself?

By all means, file a suit against the other party for damages to your car in justice court (if it's less than $12,000). Bring all of the evidence that you have including repair bills, photos, eyewitnesses statements, etc. and present your case to the judge without a lawyer. If judgment is entered in your favor and if the other party does not appeal the verdict within the alloted time, hire a lawyer to record and collect the judgment. The other party will be liable for the attorney's collection fees if he doesn't pay up.

I also want to correct what I wrote about garnishment. PA law only allows garnishment of wages in limited circumstances such as for child support, back taxes, losses due to criminal activity, etc. Garnishment of wages would not be allowed in your case. It's a defect in PA law.

[boredinBing]

Originally Posted by Wells5

I was under the impression that your insurance only covered your medical expenses due to the uninsured driver. You may not be left with much for pain and suffering after your lawyer takes her cut. Did you try to settle with your insurance company yourself?

By all means, file a suit against the other party for damages to your car in justice court (if it's less than $12,000). Bring all of the evidence that you have including repair bills, photos, eyewitnesses statements, etc. and present your case to the judge without a lawyer. If judgment is entered in your favor and if the other party does not appeal the verdict within the alloted time, hire a lawyer to record and collect the judgment. The other party will be liable for the attorney's collection fees if he doesn't pay up.

I also want to correct what I wrote about garnishment. PA law only allows garnishment of wages in limited circumstances such as for child support, back taxes, losses due to criminal activity, etc. Garnishment of wages would not be allowed in your case. It's a defect in PA law.

Yes my insurance does cover my medical bills. I also have uninsured/underinsured coverage which covers pain and suffering and such but does not cover property damage, which is what I need at the moment.

I guess I will be sending him a demand letter that he needs to pay me or else he's getting sued and I'm going to make it quite clear in a tactful way that he's either going to pay me now or down the road when he wants to buy a house or car and I'm there holding the lien on his property in my hands...His choice. I will also make it quite clear to him that I have every intention of destroying his credit if he skimps out on paying a judgement.