I cannot afford a lawyer (just got a new job and have been unemployed for seven months), so I'm hoping someone in the Yahoo Answers community can help. My rear bumper sustained damage, and I believe the driver should pay for it to be repaired.
I have reported it to my insurnace company, but I have no way of affording my deductible ($1,000) and quite frankly, I don't believe I should have to.
If anyone knows whether I need to go to court tomorow (yes, that's his appearance date - I just found this out), please let me know. Any other information is very much welcome and appreciated.
Thank you very much reading this far, and for your help!
:)
2007-05-08 05:24:56 · 11 answers · asked by tlund314 1 in Cars & Transportation ➔ Insurance & Registration
You could go, but I think the date is for the guy that hit you and his assumed charge of drunk driving.
If you were given an order to appear statement from the court, then you have to go. If you just found out the guys date to appear, then you don't have to go. I don't think the judge will be looking for you for your testimony, but if you can afford to take time away from work, then go ahead and see what happens. You could ask the judge what you need to do in that case. Maybe he will make that guy pay for damages as part of his sentence.
If you do go and the judge doesn't hear your part of it, at least you will know if the guy was found guilty and all of that, then you can take him to claims court to have him pay for the damage, but your insurance company should be contacting his insurance for repair work. If he has no insurance, the nyou will have to go after the guy who hit you.
2007-05-08 05:40:03 · answer #1 · answered by George P 6 · 0⤊ 0⤋
Your presence is only required if you were issued a summons or subpoena. Most likely this is only a preliminary hearing for him and the judge will not likely want to hear from you at that point. Check with the Prosecuting Attorney's office and see if they want you there but in most cases they will not. You might be given a chance to address the court at the actual trial though that will probably be several weeks or even months in the future; again the Prosecuting Attorney can advise you on that.
As far as your deductible is concerned, file it with your insurance company anyway. Given the circumstances they may be able to get a quick payment from the other driver. If not, you'll have to sue in Small Claims Court to get your deductible. If the total damages are less than your deductible, your only recourse will be to file in Small Claims Court.
2007-05-08 07:46:00 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
what's with the CAPS, did I in basic terms win yet another loose Nigerian lottery or some thing? besides, it relies upon on the regulations governing such issues the place you reside, which you probably did not point out. in case you're below a 'no fault' device, then no because of the fact no fault ability your coverage covers all your harm no be counted who's at fault in an accident. in case you're below the tort device, the place the at-fault proprietor's coverage covers the wear and tear, then according to possibility. there could be a rule in the books that asserts you may desire to have your guy or woman coverage in spite of if it is the different driving force's fault, and if it is so which you heavily isn't paid something by way of an coverage company. you will could seem up the regulations and rules the place you reside. If coverage won't conceal you, you may sue the owner of the different motor vehicle at as quickly as. it rather is precisely what the coverage company might do besides, because of the fact that coverage would not ever conceal below the impression of alcohol drivers.
2016-10-04 13:54:54 · answer #3 · answered by lieser 4 · 0⤊ 0⤋
Yes, go to the hearing.
If he was at fault (by the police report) and had insurance than HIS insurance pays for your bumper, no ded.
If he was at fault, but does not have insurance, than you will need to sue for the damages done to your vehicle.
If you were at fault or it was a non-fault accident, than you will need to file the claim with your insurance company and they will compensate you the amount of the repair less $1,000.
Good luck, hope this helps
2007-05-08 06:47:25 · answer #4 · answered by Nate W 5 · 0⤊ 0⤋
first did the police come and make a report? 2nd... did u make the driver sign a fault saying it was his fault? 3rd if yes on any of those 2,,, go go go to court, show proof, get am pic of your auto,, worse scenario, take the no insurance driver to small claims court, it will cost u less then 120 dollars to have the person served, goodluck
2007-05-08 05:34:39 · answer #5 · answered by alangj91761 4 · 0⤊ 0⤋
Check with your insurance company. They may say you do not need to appear (they may appear on your behalf). But be sure, or the other party may just get away with it, and your car won't get fixed.
Depending on thr damage to your bumper, you may be better off getting it fixed yourself & avoiding the insurance deductible.
2007-05-08 05:35:22 · answer #6 · answered by bmt330 3 · 0⤊ 0⤋
Yes you should go! As a victom the judge has the power to order the defandant to pay restitution for dammages. Go, let the prosicuter know your there! Feel free to IM me if you need more!
2007-05-08 05:35:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Ask you insurance company but I would just in case they needed my input and also to see if there was anything that I could to get maybe a judgment against him, maybe not in that court but in another one since you would already be there.
2007-05-08 06:20:47 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes. You should definitely go to the hearing.
As for an attorney, you may be able to find one who will work for a percentage of what he recovers, if anything with no cost to you.
2007-05-08 06:00:06 · answer #9 · answered by Arbgre555 5 · 0⤊ 0⤋
I would talk to your insurance agent. I'm sure they have had this question before.
Good Luck.
2007-05-08 05:36:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋