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kitkat77774 · Oct 24, 2006, 08:33 AM

My car was hit back in April. Since no one was hurt, and I was in such a hurry to get where I was going, I did not call the police. I quickly jotted down the man's information myself. However, I cannot get money out of the guy. He said he would pay and now isn't. The damage is approx $400.00. I will not go through my insurance because I have a $500 deductable. I really want to get this settled as I want to sell my car. I've looked online about small claims court but don't understand all the legal jargon. I do not have a police report but I do have the man's information and several emails that I have saved from him. The accident happened in a different state in which we both live. Can someone please explain to me in simple terms the best way to go about this? Thank you!

LUNAGODDESS · Oct 24, 2006, 08:39 AM

You are right to go to small claims court... question do you have a police report..?. if not report it to your insurance company.. that will be the only way you will get what you want...

excon · Oct 24, 2006, 09:05 AM

Hello kit:

I think you're correct. Leave your insurance company out of it. Your deductible should be MORE than the $400, in any case.

Small claims is cheap, quick and easy. Assuming the accident happened in the jurisdiction where you live, just go down to the courthouse and ask for the forms for filing a small claim. They're short and mostly fill in the blank. The clerk should help. It'll cost you, maybe $50-100 to file and get him served.

If you win, and you should with the emails, you'll get back the filing fee. Collecting, on the other hand, is an entirely different matter.

Next time, call the police.

excon

s_cianci · Oct 27, 2006, 08:17 PM

You'll have to file in Small Claims Court in the county and state where the damage was done. Try to obtain photographic evidence to take with you. Also print out the e-mails and take those along.

RichardBondMan · Oct 28, 2006, 07:53 PM

You didn't say whether the accident occurred on private property or a public street, if on private property, most law enforcement authorities will not file a report, so if you had called the police, chances are you still would not an accident report. Regarless, strengthen your case with the Judge in Small Claims court by sending the at fault party a certififed letter stating the facts, requesting payment or a settlement offer, etc, and set a deadline for that party to act, otherwise, inform the party that lack of acton will result in your filing appropriate legal action, then don't delay, file, pay your fee, if you win and it sounds like you will, you must then collect on the judgement the court awards you. This is often the hardest part. Good luck.

steveinpa · Oct 29, 2006, 06:29 AM

As a general rule, you can file in the small claims court in the municipality in which the accident occurred, or the municipality where the defendant (person you are suing) lives. I suggest you file where the person lives, or you might find it very difficult to collect. Some people respond when they receive notice of legal action, and hopefully you will receive prompt payment. If you don't, and assuming you go to court and win, you might have to execute on the judgement you receive. This means you will have to go after the defendant's property. This can include instructing the local sheriff to go to the defendant's home, posting a notice, and attaching his personal property, such as TVs, furniture, etc. Hopefully your case will not get that far. When you file, make sure you include the cost of filing. Some courts add it automatically. Good luck.

this8384 · Oct 9, 2007, 02:32 PM

You didn't call the police so there's no proof that it even happened. So unless he admitted in those e-mails that he hit your car, you're out of luck.

If he did admit to it, all you're going to do is run up another bill with small claims hoping that the judge finds him guilty. Like excon said, good luck collecting and call the police next time.

RichardBondMan · Oct 9, 2007, 06:12 PM

Again, like I stated earlier, calling the police to private property unless someone was injured, and it seems no one was in fact injured, probably would not have worked cause police generally will not complete acc reports unless it's on a public highway, street right of way. But calling the police is a good idea anyway and always if there are injuries and always if on a public street. On private property, most police depts will tell you and the other party to just call your insurance companies or work it out yourselves if there is no insurance. I would sue him/her in small claims, obtain a judgement, then try to collect on your judgement.