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Home > Law > Small Claims   »   my car was , didn't call the cops, not getting paid!

 
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Old Nov 20, 2007, 10:32 AM
redwings rock
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my car was , didn't call the cops, not getting paid!

i was just wondering what the statute of limitations is on a car accident, that the police were never called, but at a police report was filled out. no insurance was used as she said she would pay for the damage, which was in the range of 800 dollars. she has not answered any calls or returned my messages. i live in ontario, canada. ty

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Old Nov 20, 2007, 10:37 AM   #2  
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You most likely have a couple years. Your best bet would most likely be to go to small claims court ask them if it is too late and if not file a suit against her.
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Old Nov 20, 2007, 12:15 PM   #3  
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Quote:
Originally Posted by redwings rock
i was just wondering what the statute of limitations is on a car accident, that the police were never called, but at a police report was filled out. no insurance was used as she said she would pay for the damage, which was in the range of 800 dollars. she has not answered any calls or returned my messages. i live in ontario, canada. ty


I realize you are not claiming this on your auto insurance but your auto insurance company will know -
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Old Nov 20, 2007, 04:23 PM   #4  
ballengerb1
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Wasn't her insurance company listed on the accident report. Call them and tell them you have a claim againist their insured.
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Old Nov 21, 2007, 12:50 PM   #5  
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Originally Posted by ballengerb1
Wasn't her insurance company listed on the accident report. Call them and tell them you have a claim againist their insured.


In most cases only the insured can report an accident - the company needs a report from the insured and may or may not respond to the other party involved in the accident.

I'd send a certified letter enclosing the estimate and advising you are pursuing the matter in Small Claims Court. Give a certain number of days to respond and then follow through.
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Old Nov 21, 2007, 02:23 PM   #6  
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Not sure about that Judy. I have had two expoeriences where the party who hit me was uncooperative. I called their insurance company and told them their insured did damage to me and the company contacted their insured and got the claim settled. The liable party can choose to file or pay on their own, they can't choose to just walk away. My insurance would have covered me and then they go after the other goys company. This was just shorter, quicker and not on my list of claims.
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Old Nov 22, 2007, 08:00 AM   #7  
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Originally Posted by ballengerb1
Not sure about that Judy. I have had two expoeriences where the party who hit me was uncooperative. I called their insurance company and told them their insured did damage to me and the company contacted their insured and got the claim settled. The liable party can choose to file or pay on their own, they can't choose to just walk away. My insurance would have covered me and then they go after the other goys company. This was just shorter, quicker and not on my list of claims.


I guess we've had different experiences but there are two scenarios I have seen: if the other party cooperates with the insurance company, you have a shot at getting paid; if they do not the claim will be denied and you will need to file in Small Claims or through an Attorney. I have never seen an insurance company accept a claim from other than their insured but perhaps that's how it works with some companies.
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