we were hit by a someone and they tried to run. We chased them and the police were called and made a report collecting both parties information. The insurence info that the other party provided does not exsist! So we can't collect it through insurence. I tried to call her but she keep avoiding me. Now we are taking her to small claims court! we have pictues, witness statements. But what happens if she does not show up? What other actions can we take legally? How will the police contact her to make sure she shows up in court?? Any other advice???? Thank you. We are college students and really dont have any money for lawyers!
2007-10-24 12:50:48 · 8 answers · asked by pisces_dreamer06 2 in Politics & Government ➔ Law Enforcement & Police
You're leaving something out. What about your insurance?. They should handle the claim.
2007-10-24 13:22:46 · answer #1 · answered by CGIV76 7 · 1⤊ 1⤋
Small claims court is civil, not criminal, and the police are not involved with it unless they are being sued. As long as they were properly served, the judge can proceed with or without them, and the judge is more likely to rule against them if they do not come. The problem is collecting whatever money the judge awards, but this could be a problem even if they did come.
If they gave the police false insurance enough, they probably did not have a real insurance policy. Ask the police to cite them for driving without insurance.
2007-10-24 20:41:06 · answer #2 · answered by StephenWeinstein 7 · 0⤊ 0⤋
First, I'd contact the police again and DMV. providing false info is a crime. They may have insurance, but gave you the wrong info. DMV knows what company they really have.
I'd also just sue them in small claims court. Low fees, no lawyers needed. Process severs will serve them, for a small fee (like 20 or 30 bucks) If they don't show, you win by default. You will get a judgment that you will then have to have executed to garnish their salary or seize their property.
Their are companies that will execute the judgment for you. Small claims court usually has info on that or their are books at the library or your local bookstore on filing and winning a small claims case.
call the police again. All states require insurance. If they don't, thats a crime. If they gave false info..thats a crime. IF they have no insurance, check YOUR policy. You may have uninsured/underinsured coverage, in which case your company will pay you and then sue the other driver.
Good luck...
2007-10-24 20:01:11 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I'm sorry this happened to you. Uninsured drivers are a blight across the country. Luckily no-one in your car appears to have been hurt.
To be honest your chances of having them pay are slim. I would show the police that the insurance info is false. Hopefully this will result in additional criminal charges, (false reporting and no insurance) and put some more pressure on these scum.
If she doesn't show to small claims court (sadly I don't think she will-and its not the police's responsibility to get her there) a judgement will be entered against her. Then you have to go and collect on that judgement. This will be difficult or impossible...given her likely lack of assets and footloose lifestyle (I assuming here).
It may well end up that you end up losing your deductable on your policy.
Good luck.
2007-10-24 20:03:57 · answer #4 · answered by lpdhcdh 6 · 1⤊ 1⤋
If the other person does not show up, a default verdict could be issued against her - that means she would lose.
Have you called the officer that wrote the report and let him know about the insurance problem? Some officers can be really helpful when something like this happens. They pay insurance for their vehicles - their friends and families drive the same roads you do. They usually don't appreciate people driving around with out insurance endangering their family/friends and the public.
2007-10-24 20:08:26 · answer #5 · answered by Boots 7 · 1⤊ 1⤋
when ;you go to claims court a supeona or summons is issued to the person at fault, this tells them they are being sued (by you) if they do not show up it means an automatic default,, (you win) collecting the money is a totally differnt game..the police should be chargin these people with non insurance for the car and leavin the scene of an accident..
2007-10-24 19:55:26 · answer #6 · answered by hello kitty 4 · 2⤊ 0⤋
Well this happened to me one time but the best thing for you to do is to let it go because you don't need that stress and you have to deal all the legal action stuff and I doubt that those ppl will show up so let it go.
Let the person that did the hit and run deal with karma. Karma will hit them right in the azz.
2007-10-24 21:16:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
some lawyers will do it after the court date and after you have gotten paid buy the person that hit you take them to court you can get there paychecks garnished or have them arrest ted
2007-10-24 20:02:15 · answer #8 · answered by floorguy28 2 · 0⤊ 1⤋