QuestionI was involved in a car accident a few months ago and the person that hit me failed notice a stop sign. The driver was uninsured but I am. After the uninsured driver was issued a ticket they decided to try to fight the traffic violation, where they plead not guilty because something obstructed their view of the stop sign. The judge initially ruled that the must pay the fine as well as go to traffic court. The individual later had an infraction arraignment with the same judge where they brought pictures in pleading their case. The judge then ordered this individual to pay court cost and withheld adjudication. I've decided to take the uninsured driver to small claims court for the damages done to my car. My question is do I have a shot a winning my case since, I'm assuming, they never actually paid the fine.
Answer Hello Terry,
I'm perplexed.
You say you have insurance. Does that include collision insurance? If so, why go through all the hassle and expense of going to small claims court?
File a collision claim and have your insurance company pay for your damages. Yes, you will have to pay your deductible, but instead of going after the at fault driver yourself let your insurance company do it. Your carrier will go after the other driver for all of their expenses, that is, your repairs and your deductible. If and when collected, you get your deductible back. In any event, your car will be repaired without further expense to you.
And, no, this will not work against you since the accident seems to be clearly the fault of the other driver.
If you don't have collision, yes you can go through the hassle of small claims court. You will probably win based on what you have told me, but there's no guarantee you will actually receive the money. Even if the court orders it, the other party can still default.
Hope this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
