I was in a car accident about a year and a half ago. This girl that I went to high school with ran into the back of me at a stop light. It was raining outside and she hydroplaned. We pulled over and she didn't have any insurance so we did not call the cops. We just exchanged information and went our seperate ways. There was little visible damage done to my car except for small scratches. I went and got a statement from the mechanic and he said that there was $700 worth of damage done to the shock absorbers or something like that in my bumper. I contacted the other girl and we agreed that she would just pay $500 at $100/month. Well we met up once and she paid me $100. We signed receipts and she went off to college. I had contacted her through email several times so I have record of her telling me that she was going to pay me the money. I still haven't received anything more. She says that she's in college and doesn't have a job and no financial support from her parents. What u think?
2007-02-17 12:44:10 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The law suit will cost you more than the $700 worth of damage plus she doesn't have the money to pay you $100 bucks a month why would she be able to pay you your court settlement plus fees... sounds like you need to move on with your life...
2007-02-17 12:48:42 · answer #1 · answered by i_love_my_mp 5 · 0⤊ 0⤋
What really burns me about people who legitimately owe money is that they always cry "poor", but you'll see them buying new clothes and eating out.
There are plenty of jobs out there. If she wants to work on campus, she can. It may be a lousy job, and not pay much, but you can almost always get a job in the dorm cafeteria.
If you find out she went to Ft. Lauderdale on Spring Break, you should go ballistic.
If you have a signed receipt, that might be substantial enough for a judge to believe. However, even small claims court is a big joke. I took a mechanic to court because he kept fixing the same problem over and over on my car, until I found out that an oil leak was causing this problem, which he must have known. However, he was happy to just keep charging me money. When I confronted him and said I wanted him to honor the warranty and fix the car for free, he refused.
A crooked judge let him off the hook. I could practically see him winking at the mechanic's lawyer. It's all corrupt.
2007-02-17 12:51:50 · answer #2 · answered by pachl@sbcglobal.net 7 · 0⤊ 0⤋
As with any lawsuit it is what you can prove and not what you claim occurred.
The main obstacle I see is explaining to the court and the police and your insurance company why you didn't file a proper complaint in the beginning. The near same situation occurred to me 25 years ago and the guy without the insurance simply refused to pay and challenged me to call the police. I did and the cops where more interested in why I didn't contact the police and my insurance company to start with.
It's up to you but it may be worth the $400 remaining to learn and move on. Never ever let the other guy off the insurance hook unless you are willing to assume full responsibility.
2007-02-17 12:51:21 · answer #3 · answered by iraq51 7 · 0⤊ 0⤋
"Financial support" is irrelevant. If she was at fault for the accident, then she needs to pay you.
If it goes to court, she'll get in trouble for not having insurance, no doubt. But unless you both signed an agreement detailing her responsibility to pay the $500, you might have a hard time proving it in court.
Also, since you didn't call the police, you might have a hard time proving the circumstances of the accident, unless you took pictures.
Remember, what matters in court is what you can prove, not what you know.
But I'd say give it a shot -- there seems to be enough there to show that it's at least her fault.
2007-02-17 12:50:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you have enough proof you might win the rest of the 500 dollars thats left owed to you.HOWEVER its been over a YEAR, so you would not win the case in court. Next time remember to call the cops whenever you get hit, because it wasnt your fault if you had reported it and the insurance would of covered it all, minus you deduction. You can try however I feel the odds are not in your favor for the amount of time that has passed. You should of acted sooner.
2007-02-17 12:50:01 · answer #5 · answered by cats4ever2k1 5 · 0⤊ 0⤋
You could take her to small claims court.
However, it sounds like she never signed an agreement that she would pay you the 500.00 dollars. If you don't have it in writing, I don't think your chances are good.
If she is "off to college" I'm sure her parents are paying especially if she doesn't have a job. It sounds like she is just trying to get out of her responsibility. Next time, go through your insurance.
2007-02-17 12:49:05 · answer #6 · answered by Libby 6 · 0⤊ 0⤋
You'll win in Small Claims Court. She's already admitted guilt by making the first payment, which you have a receipt. You've got the estimate from the body shop. Yep, she's on the hook if you file against her.
2007-02-17 13:00:00 · answer #7 · answered by Yak Rider 7 · 0⤊ 0⤋
I think you could win a judgment but you can't get blood from a turnip. You should have filed with your insurance under Uninsured Motorist if she could not pay you upfront for the damage.
2007-02-17 12:52:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You have enough evidence to get a judgment in small claims court. What you don't have is a good way to collect on it. It does not sound as if she has much in the way of attachable assets.
2007-02-17 12:49:48 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I think that you should have waited to for the police, whether she had insurance or not. Without legal documentation, it's basically your word against hers. I suggest contacting your city/town's Legal Aid department for more information.
2007-02-17 12:49:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋