my car got hit about a year ago by a teenager, my car was parked on my parking lot and she was goint to turn right on a curbe but instead of hitting the brake she hit the gas, so she hit my van look at the pics, she didnt have insurance and i did but not the full coverage, so i had to pay for repairs, i got the police report, so i am decided to take her to court so she can pay for the damages, i already fix my car, i just want the money i put on it, i tried to call her and i even went to her house, but the people that lived there told me she moved to a different state here in usa, i live in ca. so you think that if i take her to court they will make her pay even if she is in another state??
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2007-07-26 09:16:44 · 6 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
NO NO NO NO..... i disagree with the other answers.
If you have waited a year.... you may have to give it up. Check on the statute of limitations in your state, and check. You can file a small claims suit, depending on the amout of the damages. An attorney might not even be worth it, but even if you get her into court, and win the case. All you have is a judgement... Good luck getting her to pay the judgement!
You may need to add uninsured motorist coverage to your policy and just move on. If you had it at the time of the accident.... then file a claim with your company and let them sue her!
2007-07-26 10:33:37 · answer #1 · answered by Insurance MAN 2 · 0⤊ 0⤋
You can go to small claims court and file, and have her served. You can also probably win, and get a judgment against her. Courts do not MAKE people pay, they merely decide if they are liable. It would be up to you to collect on the judgment. By the time you find out where she is so she can be served, pay court costs to be heard, and pay the costs of having her served your will be out several hundred dollars more, and perhaps all you will get for your trouble is a piece of paper. Choose wisely.
2007-07-26 16:27:50 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
I think you will need an attorney for this. She needs to be advised of your intent. If you can locate her, you MAY be able to send a registered letter of intent to sue. Waiting a year was not an intelligent decision on your part. An attorney could file papers that may get her current license revoked until she pays.
2007-07-26 16:26:25 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
I agree. It's been a year and she MIGHT be out of state. I would ask an attorney what to do. He will have to file the case for you anyhow, so ask for a free consultation and he'll let you know if you have a case that can be won or not.
Why did you wait a year? That's going to hurt your credibility.
2007-07-26 16:49:15 · answer #4 · answered by Let me steer you 7 · 0⤊ 0⤋
you have a year, from the date of the accident, to file a claim with your insurance company. call the claims dept of your insurance company and ask if its not too late. theyll only afford to you the coverages you had at the time of the accident, not what you currently have. if you had uninsured motorist coverage (which i HIGHLY recommend) you would have been fine. you would have paid your deductible and not charged in the future. if you didnt have uninsured motorist coverage your company has no responsibilty to settle your claim. youd have to go after her on your own.
2007-07-26 16:24:04 · answer #5 · answered by FIGHT ON! 4 · 0⤊ 0⤋
They may be lying that she is in a different state. But if it is true, then California courts no longer have personal jurisdiction over her and can't force her to appear.
2007-07-26 16:23:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋