[dipsetmami69]

I recently had an accident and the other driver was at fault. At the time we were waiting for the cop, he had told me that he didn't have his new insurance card and that he had a warrant out for his arrest for not paying a parking ticket. The accident took place in a store parking lot, so after I had spoken with the cop I went into the store to purchase what I went there for and when I came out the cop was leaving. So I asked the kid that hit me if he got in trouble for having his expired insurance card and he told me no, that the cop didn't even run his license because he got a call that someone pulled out a gun and he had to go to the scene. Turns out that the guy from the accident no longer has insurance with the company he had expired insurance card with. My insurance agent has tried several times to contact him and the passenger that was in the car with him and neither of them have responded to her phone calls.

My question is how do I go about taking this guy to small claims court to get my money back from the $500 deductable that I had to pay? :mad:

[excon]

Hello d:

Go to the court. Fill out simple forms. Pay about $50. Wait. Go to court. Win. Collect. Go on with your life.

excon

[JudyKayTee]

[QUOTE=excon]Hello d:

Go to the court. Fill out simple forms. Pay about $50. Wait. Go to court. Win. Collect. Go on with your life.



You left out the "win" "try to collect" "wait" "try to collect" part.

[twinkiedooter]

Aw Judy you make it too easy when you add all those naughty words like collect, etc. excon makes it too hard. Or is it the reverse?

[Fr_Chuck]

Well first your insurance company will be filing a suit against them theirself, and if they ever collect their entire amount they will actually collect your deductable, maybe by retirmenet time.

But it may be easy to win in court but it is the collecting, do you know where they work, where they bank, if the judge says you win, how do you plan on making them pay you?

[dipsetmami69]

If you take someone to small claims court, wouldn't I get the money if I win the case?
I know where the guy lives, it says on the police report.
I don't think it's right that I have to pay my deductible if someone else damaged my car.
:(

[excon]

Hello again, d:

What everybody is saying here is it's easy to win, but the court doesn't help you collect. That's another matter entirely. If you win, come on back and we'll tell you how to collect.

excon

[JudyKayTee]

If you take someone to small claims court, wouldn't I get the money if I win the case?
I know where the guy lives, it says on the police report.
I don't think it's right that I have to pay my deductible if someone else damaged my car.
:(

You didn't understand what FrChuck said - your insurance company will move against the other driver for what they are out of pocket PLUS your deductible, which they will forward to you.

If you want to take the entire settlement out of their hands and pursue it directly, that is your choice, but you can't parcel out the claim.

Knowing where the guy lives helps you get him served but it does NOT provide much help in collecting a Judgment. You have to know where his assets are located, not his address.

[dipsetmami69]

How would I know where the guy does his banking? I got in an accident with him, he isn't my best friend. I am not trying to be rude, I have never been in a situation like this before and I need help.

[JudyKayTee]

How would I know where the guy does his banking? I got in an accident with him, he isn't my best friend. I am not trying to be rude, I have never been in a situation like this before and I need help.

So you are going to take it out of the hands of your insurance company and sue for the entire amount of the claim?

Okay - after (and if) you get a Judgment, then it's up to YOU to find his assets. Some Courts will allow you to subpoena him back into Court to give sworn testimony concerning assets. This gets a little bit expensive.

Some people hire a Private Investigator (Licensed) who can access financial records or has sources. That can also get expensive.

A very large percentage of Small Claims Court Judgments never are collected - it is very difficult to locate someone's assets. Often your only hope is that the person who owes you the money will pay in order to get the Judgment off a credit report - some people, unfortunately, don't care and never pay.

I think excon described the process pretty well - file, pay, wait, wait, wait (or something like that).

[dipsetmami69]

Thank you so much for clearing it up for me :)