Someone backed in to my car in a parking lot and they are 100% at fault. We both have insurance but don't want to report it because the damage is only around $350. We both know that our premiums would go up if we reported it, but the guilty party refuses to pay. Can I take them to small claims court, or do I have to report it to the insurance company?
2006-12-12 09:55:45 · 7 answers · asked by Big Larry 2 in Politics & Government ➔ Law & Ethics
the first thing a judge is going to ask you is you reported to your insurance
ALWAYS REPOrt it to your insurance!
I dont know what is with people who dont report it ot hteir insurance. THIS IS THE BEST WAY TO BACK up your claims! AND FILE A police report! An accident that wASN:T your fault will NOT make your premiums go up! (if your insurance does that, then you SERIOUSLY need to change your insurance company)
Sheesh. Do you want that $350 turn in a legal and logistical nightmare?!
Stalkers sorry you are wrong, if on private property or not, you can file a police report (otherwise, I wouldn't have done so for mines when a guy hit my car in a parking lot). Caused me $1200 in damages to my passenger door. Police report filed. claim against his insurance company and I got compensated.
2006-12-12 09:59:09 · answer #1 · answered by arus.geo 7 · 1⤊ 1⤋
For the above person, if the accident was on private property then you generally can't file a police report.
As far as the insurance filing, you do not HAVE to file with your insurance company if you don't want to. But, you now know the advantage of doing so - they will litigate, not you.
Sure, you can go to small claims court. However, you will probably be responsible for the court fees and your lawyer fees may not be retrievable. And no matter the judgement, it can be hard to collect a civil lawsuit. It's hard for the state to force anyone to turn over money without putting liens on their property, etc.
Personally, I'd call the insurance company and explain what's going on. They'll reimburse you and since the accident was not your fault, your premiums may not increase.
2006-12-12 10:06:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
YOu might just be out of luck. If this guy hit your car and he was 100% at-fault, you should have called the police and filed an accident report. Then, you should have reported it to your insurance company- if this guy was truly at fault your insurance rates would not have gone up, his would have.
You can try to take this to small claims court, but if you don't have an accident report and cold-hard facts supporting your story that this man is at-fault (pictures, witness accounts, a police report, etc) then I truly don't see the judge doing much about it.
2006-12-12 10:05:41 · answer #3 · answered by < Roger That > 5 · 0⤊ 1⤋
Because of the amount of the damage you can just claim it on his/hers insurance. Your insurance never needs to be involved. Yes you can take them to small claims court and try to get your money that way but more than likely you just win a judgement and never end up getting your money because the person who hit sounds like a jackass.
2006-12-12 10:04:41 · answer #4 · answered by freakyallweeky 5 · 0⤊ 0⤋
The guy who hit you is a real jerk, and he this playing you for a dummy! He refuses to pay cuz you told him the WRONG things,like not calling the fuzz or letting your ins know. Forget about the small claims court,you'll end up wasting time and money , FILE THE POLICE REPORT,CALL YOUR INS, ALREADY,ALRIGHT? let the chips fall on him!
2006-12-12 11:06:23 · answer #5 · answered by JNISSI 3 · 0⤊ 0⤋
Yes you can take it to small claims court. You just have to have proof.
2006-12-12 10:26:08 · answer #6 · answered by gutterpup 2 · 0⤊ 0⤋
of course not. it your own car nd you paid for it.if they don tpay you the same price or higher,then you would just have to refuse the offer that they have given to u until they maake it higher.
2006-12-12 10:04:39 · answer #7 · answered by kathy 1 · 0⤊ 0⤋