Should I take a car accident to small claims court if I have no "proof"?

Question

In August 2006 my car was rear-ended by another car. The driver of the other car begged me not to call the police because he had no insurance or license. He said he would pay the estimate of damage. I took my car to the dealership from which I bought it and they said it needed a new rear bumper and all that went with it for $958. The other driver agreed to make monthly $100 payments. He has made only three. I have called him over a dozen times, my calls are no-longer returned.

I want to take this to small claims, but I really have no "proof" of the accident. I did not call my ins. co., and because this is my only car and the dealership said it would fail inspection and was not safe to drive my two small children in, I had to have it repaired immediately.

I have the following: offender's name, address, cell phone number, place of employment, license plate, dealership list of work performed and cost.

Is this enough to merit any kind of case, or have I invited this result? Thanks

Answer 1

when he made the payments to you did he pay you cash or check, or anything with his name on it. If there is any kind of paper trail at all this could help you in court. most of the time small claims court happens real fast. it's not like what is on TV. just take what you have and go with it. first though send a certified letter to this guy and tell him you will sue if not paid. . make sure you remind him you were doing him a favor because he had no insurance witch is illegal. good luck

Answer 2

Did you take pictures? The judge would want to see pictures of the damages. If you have pictures, you definately have a case, you'll have the bills too from the auto place which will show the costs. I'm assuming the other person won't deny the accident happened if it came to court, and worse comes to worse, i'm guessing since the other driver didn't have insurance their car hasn't been repaired, so if you have pictures of your damages, the police can track down the car, and if the other car has damages on that are consistent with the damage done to yours a judge can put two and two together. I would definately take it to court because even if you lose, the only thing you'll be out is the court fees, which is like $60- and you're stuck paying the car bill now so you won't be any farther off. You will most likely get a lecture from the judge on how fleeing the scene of an accident without reporting it is a crime and so on, so expect that but, you'll get your money hopefully. You can start the filing process by going to your local courthouse and filling out the necessary paperwork which will then get sent to the other person informing of them that they are being sued. Good luck!

Answer 3

Yes you can take it to small claims court - you do have proof - you have an estimate that you had written on your car before it was repaired. You may have photos of your vehicle before it was repaired. You have some kind of document that you paid for the repairs to be done. And you have hopefully cancelled checks or something from the other party, showing that he made 3 payments? That's proof enough. You obviously have his phone number and his address, and his name, even his place of employment and his license plate number - you have enough information to meet the burden of proof, go ahead and pursue it in small claims court.

Answer 4

Usually insurance follows the car. If at the time of an accident car which hit you was insured this insurance company will be responsible for your damages. However you cannot sue this insurance company you can only sue the driver which hit you and car's registered owner. If at the time of an accident you had full coverage insurance which includes collision coverage and separate car rental coverage than your insurance company suppose to reimburse you minus any deductible. If your company reimburses you then they will subrogate other ins. company and usually they collect your deductible amount which they suppose to give you. If you indeed have collision coverage you should present claim to Allstate instead of suing car driver/owner in court and let Allstate to do all the litigations. In my opinion Allstate is the worst insurance company on the face of this planet and Infinity is not that far behind.

Answer 5

If you believe it's a valid name, address, and phone number, you can start proceedings in small claims. But keep in mind that winning does not always guarantee receiving. I would have been very dubious of someone who begged me not to file a report because he had no insurance or license--if he's irresponsible to be driving without either, he's irresponsible enough not to pay. But that doesn't do you any good now. You need to check the validity of your information and go from there.

Answer 6

You could take him to court, however, I'm going to say that since this guy does not have insurance or obviously the money to pay yout$100/month, then taking him to court is not going to do you any good. All that will happen is the judge will place a judgement on him. But again, if he doesnt have the money now, he probably wont have it in court either

Answer 7

Do you have something in writing saying he is paying you back for damages he did to your car? If so there is your proof. If you made a verbal agreement with the guy to take payments then its his word against yours. I would threaten to take him to court just to see what he does. I'd even lie and tell him you spoke to a lawyer and the payments are proof he damaged your car. Maybe he'll pay up to avoid court. If he still doesn't pay sue him anyway. It won't hurt to try.

Answer 8

You do have proof. He has already made some payments which are an admission of fault. Also, bring the bill you paid to repair it. You have a perfectly good case. Don't let him get away with it.

Answer 9

I would take the person to court. It is up to the judge to decide. The person will most likely pay once they find out you are taking them to court.

Answer 10

yes, you can call him and tell him ur reporting it, as long as you have the estimate of damages, and he admitted fault and gave u his info, the dealer had no way of telling you it was unsafe and u had to repair it right then, they cant make that call. you can call ur insurance and they can go after the other party.