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-   -   Suing 3 months after an accident (https://www.askmehelpdesk.com/showthread.php?t=479141)

  • Jun 13, 2010, 08:23 AM
    Gloria2
    Suing 3 months after an accident
    Someone hit my car while I was parking. He tried to go around me but
    Hit the left side, knocked off the headlights, etc. I reported it to the
    Police & got a report. He told them I didn't signal that I was parking
    (bull)... anyway, I have a big ins deductable so I just had the lights
    Fixed and didn't report it to my insurance company.

    Now someone told me I could sue in small claims court even though it's
    Three months later. Can I? I have photos of a damaged car but no
    Photos at the accident site. It was a long way from my home.
  • Jun 13, 2010, 08:30 AM
    cdad

    I think it might be best to let sleeping dogs lay. The problem here is that you didn't report it to your insurance company. And you did make a police report. Now if you take it to court there is a possibility that if your insurance company gets wind of it they may cancel your policy. You were suppose to report it to them also. Even if your paying out of your own pocket. It is still part of their liability. What was the accident declared? Did the other person have insurance? If it truly was their fault then why didn't their insurance cover it?
  • Jun 13, 2010, 08:54 PM
    AK lawyer
    Quote:

    Originally Posted by Gloria2 View Post
    Someone hit my car while I was parking. He tried to go around me but
    hit the left side, knocked off the headlights, etc. I reported it to the
    police & got a report. He told them I didn't signal that I was parking
    (bull)...anyway, I have a big ins deductable so I just had the lights
    fixed and didn't report it to my insurance company.

    Now someone told me I could sue in small claims court even though it's
    three months later. Can I? I have photos of a damaged car but no
    photos at the accident site. It was a long way from my home.

    I tend to agree with the advice califdadof3 gave you.

    However, for future reference, your deductable wouldn't have applied had you made a claim against his insurance.

    If you would like photos of the accident site, without driving there, I suggest that you use Google Earth. Street Views are available for just about everywhere.
  • Jun 22, 2010, 07:02 PM
    Gloria2
    Quote:

    Originally Posted by AK lawyer View Post
    I tend to agree with the advice califdadof3 gave you.

    However, for future reference, your deductable wouldn't have applied had you made a claim against his insurance.

    If you would like photos of the accident site, without driving there, I suggest that you use Google Earth. Street Views are available for just about everywhere.

    It was dumb but I'll take your advice... both of your advice: let sleeping dogs lie
  • Jun 22, 2010, 07:06 PM
    Fr_Chuck

    Have you contacted them and asked them to pay. Next of course, if you have time to take off work, and can risk the fee to file, you can always sue, just how much money was the damage ?
    If you had to take off a couple days work, or some, go down and file, appear in court, maybe have to go back if they continue.

    Also if you do go to court and win, what if they still just don't pay, do you have ways to find out where they work, and where they bank.
  • Jul 13, 2010, 12:26 PM
    Gloria2
    Quote:

    Originally Posted by Fr_Chuck View Post
    Have you contacted them and asked them to pay. Next of course, if you have time to take off work, and can risk the fee to file, you can always sue, just how much money was the damage ?
    If you had to take off a couple days work, or some, go down and file, appear in court, maybe have to go back if they continue.

    Also if you do go to court and win, what if they still just don't pay, do you have ways to find out where they work, and where they bank.

    Thanks for your response. I decided not to do anything. There's about
    $1500-$2,000 worth damage. I'll live with the dents. I don't lose time
    From work because I'm retired. But as someone said above, my insurance
    Company could find out and they will drop me. I'm with them for over twenty years. I know where he lives but not where he banks for works.

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