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dexter91 · Oct 28, 2011, 08:46 PM

So 2 months ago, in the beginning of August, I bought my new SUV. Within a month, some friend I knew hit my car in a parking lot while backing out of his parking space too quickly, and another one of our friends witnessed this. This friend of mine (who hit my car) is only 17 years old, and was driving his dad's car. So he started to cry and begged for me not to call the police, and that he will get me the money somehow, even if he has to go to his dad. So I didn't call the police, trusting him and assuring myself since there was a witness. I know where he lives and all the information about his car, but he is not attending my calls and leading me to assume that he will not pay me back now anytime soon. I got an estimate of it and it is about $700. The problem is that I am also a new driver, and my insurance company is pretty expensive and so I only have that part of its general policy (the 'basic') which covers accidents that are proved to be at fault by police reports, so I cannot take that route. And the worse part is that his dad is not talking to me either, even though he knows that he is liable for his son's actions since he is still dependent on him. What can I do? Please help me... What can I do? Can I take him and his dad to small claims court? Or call the police now and file a report?

tickle · Oct 29, 2011, 03:06 AM

If the accident happened on private property (parking lot) the police won't intervene anyway. At least that is the way it works where I am. Don't know where you live.

I would take them to small claims, you have a witness, so it may work.

Tick

Fr_Chuck · Oct 29, 2011, 04:37 AM

First if you are in the US, I have no idea what you mean by Basic policy that only pays with police report but that is not true, there are many times their will not be a police report, police do not normally do reports on private property, they do not do reports if there is little damage, and in Atlanta at times unless there is injury or a lot of damage they are too busy with shootings and crimes they may do a very very limited report. So I think you totally misunderstand your policy.

So have you went to their dad and asked for payment,
You then file in court ( small claims will do) against the friend and his dad for payment of the damages.

You can report it to your insurance, who will contact the other drivers insurance for payment.

The last thing you do is nothing and expect him to pay.

JudyKayTee · Oct 29, 2011, 07:29 AM

Agree with FrChuck - go to Small Claims Court, take your proof (including your witnesses) and get a Judgment against him AND his father. Call your insurance agent and ask for an explanation of the "Police Report" wording in the policy. The only thing I can think of (and I'm a liability investigator) is that if a report is not filed with the insurance company within X days they will disallow coverage.

And learn a lesson about calling the Police when there's an accident.

AK lawyer · Oct 29, 2011, 01:27 PM

Originally Posted by dexter91

... The problem is that I am also a new driver, and ...

Are you a minor? If so, I wonder if you have the legal capacity to file a small claims action.

Also, with respect to this "basic policy": did you pay cash for your vehicle? If not, whoever has the lien on the car would normally require coverage to protect it's interest. That's another reason to question whether the "basic coverage" is as you have described it.

tickle · Oct 29, 2011, 02:02 PM

Originally Posted by JudyKayTee

And learn a lesson about calling the Police when there's an accident.

It doesn't matter, they won't attend an accident on private property, as in a parking lot.

Tick

AK lawyer · Oct 29, 2011, 02:14 PM

Originally Posted by tickle

It doesnt matter, they wont attend an accident on private property, as in a parking lot.

tick

Call them anyway. That way failure to call them can't be used against you in some way. If they refuse to respond, so be it.

JudyKayTee · Oct 30, 2011, 05:22 AM

Originally Posted by tickle

It doesnt matter, they wont attend an accident on private property, as in a parking lot.

tick

They will in NY -

Fr_Chuck · Oct 30, 2011, 06:01 AM

The police report on private property varies greatly by state,and in some areas even by city. Don't expect one in Atlanta GA unless you are on a college campus

JudyKayTee · Oct 30, 2011, 08:21 AM

Originally Posted by Fr_Chuck

The police report on private property varies greatly by state,and in some areas even by city. Don't expect one in Atlanta GA unless you are on a college campus

I keep telling you - move to NY!

Fr_Chuck · Oct 30, 2011, 08:46 AM

Originally Posted by JudyKayTee

I keep telling you - move to NY!

It is easier there, after that 2 foot snow fall you can't tell where private property is