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    coupe's Avatar
    coupe Posts: 3, Reputation: 1
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    #1

    Jun 10, 2013, 04:53 PM
    minor accident
    My brothers friend hit his car. The damage exceeds the value of my brothers car (84 Z28)... so his friends insurance wants to total his car... so this makes this cival... problem is my brother never called the cops. Has no police report.. so if he was to take his friend, that won't pay, to small claims,is my brother screwed without a police report?
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Jun 10, 2013, 05:03 PM
    Where is this? Laws vary by State/province/country

    Where I live, the friends insurance would be required to reimburse your brother the black book value of the vehicle in bad condition.

    Does the friend that hit your brother's car have insurance? You state that they do, that they deemed the car a write off. That means they have to cover the cost of the black book value of the car, since their insured hit the car.
    coupe's Avatar
    coupe Posts: 3, Reputation: 1
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    #3

    Jun 10, 2013, 05:10 PM
    The friend has insurance... however the car in question is worth more than book value due to its 6k dollar motor.. so this will not be an insurance claim... my bro wants to take him to court but didn't call cops and has no police
    report. So basiccly he has no proof in court, right?. by the way. This is in Florida...
    Where I live, the friends insurance would be required to reimburse your brother the black book value of the vehicle in bad condition.

    Does the friend that hit your brother's car have insurance? You state that they do, that they deemed the car a write off. That means they have to cover the cost of the black book value of the car, since their insured hit the car.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 10, 2013, 08:08 PM
    Quote Originally Posted by coupe View Post
    ... the car in question is worth more than book value due to its 6k dollar motor.. so this will not be an insurance claim....
    What are you talking about? The car was worth what it was worth, no matter what kind of engine it had in it. The insurance will pay him what damage the friend did. He cannot get more than that by suing in small claims court.
    coupe's Avatar
    coupe Posts: 3, Reputation: 1
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    #5

    Jun 10, 2013, 08:19 PM
    No where did I say he was trying to sue for more money
    .. all I was asking was,is my brother screwed cause he didn't call the cops and has no police report
    The value of the body damage exceeds the stock value of the car, so the ins company wants to give him what the car is worth as a stock car... so he is going to take him to small claims for the amount of the damages... again, my question was, is my brother screwed with out a police report?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #6

    Jun 11, 2013, 10:13 AM
    No - your brother is not "screwed" because of no police report, because it seems that the friend isn't denying he caused the accident, so no need to provide proof of who was at fault. But before suing - what has your brother done to document the fact that the car had an after-market engine which increases the value of the car significantly above standard blue book value? He will need to provide documentation - receipts, pictures, etc - to the insurance company to prove that the car does indeed have a high-value motor. If after that the insurance company won't play ball, then he sues.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jun 12, 2013, 07:07 AM
    I'm a liability investigator, and I have no idea what you are talkinga about (either). The Police Report is rather immaterial - the Police are after the fact witnesses and it appears the claim has been submitted to the insurance company(s) and accepted.

    Are you arguing Blue Book (in my area) value? If so you present your evidence about increased value due to add ons/after market accessories (which includes the motor). The company then sets a new value. My personal van was totaled last year and that's exactly what I did - and I won. I had receipts for the "extras" and they were all accepted at their true, depreciated value.

    This was always a civil (not cival) matter. It's crminal if someone committed a crime - such as deliberately ramming the vehicle or fleeing the scene. Otherwise, it's civil.

    What specifically are you asking?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #8

    Jun 12, 2013, 07:19 AM
    Quote Originally Posted by JudyKayTee View Post
    What specifically are you asking?
    The OP's question was simply whether the lack of a police report is an issue. As we have both replied - the answer is "no."
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jun 12, 2013, 09:32 AM
    Yes, you are right - I answered a question which wasn't asked.

    My apologies for highjacking the thread.

    EDITING MY POST: No, your brother is not "screwed" because there is no Police Report.
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