QuestionWas loading my trunk(parked) when a lady whizzed in next
spot and scraped my car, (I saw and heard it) backed out
and took off...she was in the parking lot,I confronted her,
she stated" i didn't hit your car," Gave me her name and #,
begged me not to call police, she would pay (I think the
paint will be around $200)...she now refuses to pay...not her car, can i go after the owner of the car? My deductible
is higher than that but it was totally her fault....
i took cell phone photos which show my white paint on the
black car she was driving and the license plate of that car...
my insurance Co. contacted her, same story, i will pay, never called them back...
AnswerHi Peggy,
You did a good job to track her down and get her name, etc. I think if you follow my instructions you can get fully paid for the damages she did.
If the cost of repairs to paint is only $200, I am not sure that there is any advantage to going thru your own insurance since your deductible is higher. On the other hand, if that is just your guesstimate and the auto body shop writes an estimate of a lot higher, then by all means go thru your insurance and when they sue her in small claims court, you can get your deductible back.
As for the tortfeasor, I take it that with her name and phone number you can get her address. You can get the owner’s name and address from the department of licensing. They will need to know the details of the accident, etc.
First, get your estimate from the auto body shop owner.
Second, get a form from your local police or state patrol to report the accident to the state. DO NOT TELL THEM about the accident; just pick up the form. Reason being, they will say that no report has to be filed in this case—either because of private property instead of public road, or the damages do not rise to the level specified by the state (usually around $300).
But you are going to need that form later, so get it and fill it out as best you can. You may have to follow the steps above in order to get the addresses.
Third, write a letter to both the driver and the owner. Send them the estimate with a letter via certified mail telling them you will take them to small claims court. Ask the owner to forward to you the information on her insurance. Include a copy of the accident report with your letter. Tell her that if she does not furnish you the name of her insurer, you will conclude that she has no insurance on her vehicle, and you will report her to the department of financial responsibility (usually part of the department of licensing or department of motor vehicles). Go on to mention that you will be asking that her license be suspended until she posts financial responsibility for the accident, and furthermore, thereafter the state will require her to purchase and maintain SR22 filing insurance. THAT is more expensive since the group that has to file the SR22 proof of insurance is not a good driving group. Google it if you want more info to threaten her with.
Fourth, if they do not respond or refuse to pay up, by all means make contact with the above named departments and file your accident report and your estimate and ask them to suspend her license until she posts financial responsibility. Insist upon your rights even if they pooh-pooh this as a small event.
Last choice is to file in small claims court. They have a form and it is really easy to do. Hence you can fill out the small claims court form and send it to her via certified mail. It will cost something like $50, but you can get that back from her if she settles, or as awarded by the judge as part of your costs of bringing the action.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
