What happens when someone hits my car with no insurance but damage is only 300.00?

Question

Someone had hit my car today and there was a witness. The other person didn't have insurance and since It was real minor, we agreed he would just buy a new headlamp and pay for the labor which is 300.00. I did get his number, address, DL #, # on his plates and even had him write a note stating he was at fault and would pay for damages. However it's been a couple of days and he hasn't returned my calls or anything and I don't know what to do. Do I bring him to small claims court, call the police, does anyone know if I can still do anything about it?????? I cannot report to DMV because damage is under 750.00. Does this mean he got away???

Answer 1

Like the other person said, no not got away but!

Here is what I would suggest. Send this person a certified letter stating something to the effect that they need to remit full payment or make some sort of payment arraignment with you within 30 days of receipt of the certified letter. Make sure of course that all of your contact information is available on that letter and if your serious make sure you let them know that you are prepared to take this to the next level, which would be whatever means are available to you under the law in order to collect this debt.

If you still get no response and your feel strongly enough about it then file a claim against them in small claims. Make sure you cost out your time, your gas, the bill from having the damage repaired and all fees involved with filling the case because that's the amount you will want to sue for. If the case makes it to court that is where you will ask the judge to add court cost to the judgment or if I remember correctly you can also ask for that at the time you file the case, I don’t remember, laws and procedures have changed since the last time I filed a small claim. Anyway as many will tell you just because you have a judgment does not mean that person will pay. You could attach a lien to any real property they may own (which will cost more money) and one day you might actually see your money, but most likely if this person is not responsible enough to maintain at least liability insurance on there vehicle and they are not willing to work with you over a minor $300 dollars then your just spinning your wheels.

But again, try the certified letter first see what results that yield’s for you. If the letter is worded correctly, firm and professionally then you may have a positive response? Plus if you decide to take it to the next level the letter will only help you back your case up and show the judge that you did use due diligence in trying to resolve this issue. Keep in mind that if you do go on to sue this person you’re talking about tying up your time and money to do this, is $300 really worth the effort? If you feel it worth it just as a matter of principle then go for it.

Good luck, hope I've helped.

Answer 2

No, he doesn't get away with it. You leave one more message that, unless you hear from him by (set a date 5 days away) regarding payment of the $300 in damages that you will be filing.

After that, if you don't hear, go to small claims court, his signed note should be all you need to get a judgment against him. Then file a lien on his car if he doesn't pay, or attach any other asset he might have to get your money. He will then owe $300 plus court costs.