i was in a car accident where the person swerved into my driveway and hit my truck, my truck then hit a grabage can and now there is damage on both sides of the back end of my truck, i donot carry insurance on my truck because i don't drive it, cause it is too expensive to drive so I drive my smaller car. there is no insurance on my truck and the other person had no insurance either. I have a police report with an eye witness and the person who hit me admitted to being at fault also, plus she got the ticket. There is more than $3,000 worth or damage done to my truck, how do I go about getting them to pay for the damages. I can't go to small claims cause the amount exceeds the limit.
2007-12-28 07:30:50 · 8 answers · asked by labeinia 1 in Politics & Government ➔ Law Enforcement & Police
Well, you can still sue in small claims court, but only for damages up to the small claims limit. If, for example, the small claims limit is $3,000 and total damage to your truck is $4,000, you might still want to consider small claims, since the $3,000 take-away could be more than you would receive after paying the cost of a lawyer in district or superior court.
If the damage to your truck is far over the small claims limit, however, then you have no choice.
What do you do?
First off, I would try talking to the person who hit your truck. If you both go to court, she's going to have to pay for a lawyer as well, and from your description, it sounds like an open and shut case. See if she's willing to be reasonable. Point out that if she lets the case go to court, it's just going to cost her a lot more money in the long-run. Offer to let her pay by installments if she has to, and if at all possible GET THIS SETTLEMENT AGREEMENT IN WRITING (here's where a lawyer could help you, only for a lot less money). Remember that even if you do retain a lawyer, the first thing they will do is attempt to reach an out of court settlement anyway.
If the woman is completely unreasonable and flatly denies that she owes you anything (rather unlikely in the long-run), then you have no choice but to take the case to a court of competent jurisdiction. Here again you have 2 options:
a). If you have faith in your own intelligence and acumen, you can argue the case yourself. There is no reason why you cannot do this, although it will be tricky when the opposing side starts hitting you with a flurry of dilatory motions (motion to dismiss, motion to continue, motion to exclude evidence, motion for summary judgement, each one of which you must defend against in court). If you are prepared to invest a lot of time and effort, and have confidence in yourself, then you can try this. If you do, then you could hire a lawyer who would just be your "coach" by answering your questions, helping you draft documents, etc. It would be very inexpensive.
or b). retain a lawyer. Get quotes from different lawyers and see what they are asking. Here is where you decide whether it is worth while to retain a lawyer, or just pursue the case in small claims.
2007-12-28 08:03:37 · answer #1 · answered by Jason W 5 · 0⤊ 0⤋
Find out whether your jurisdiction has a form for reporting that there was a collision involving an uninsured driver. In some cases, that will result in her losing her license until she pays you for the damage. It may take a while . . . . But your only other option would be to sue her in your municipal court.
2007-12-28 15:40:50 · answer #2 · answered by jenl1625 3 · 1⤊ 0⤋
You will have to sue the driver in court. If the amount exceeds the limit for small claims, you will need to go to the standard Civil Court in your area and file there.
2007-12-28 15:34:42 · answer #3 · answered by Citicop 7 · 4⤊ 0⤋
The only way you'll be able to force him to pay you is to sue him. And if you don't have insurance on the truck, you better have surrendered the plates.
2007-12-28 15:36:35 · answer #4 · answered by DOOM 7 · 1⤊ 1⤋
Either the person pays you willingly, or you need to sue. No other way around it.
2007-12-28 15:35:30 · answer #5 · answered by Anonymous · 2⤊ 0⤋
well you could sue him but think about what that would be doing to him as a person. The truck, while obviously important to you, is only materialistic. You are safe and that is important. Don't wreck havoc on this person's life for a material object.
2007-12-28 15:40:15 · answer #6 · answered by smile and don't stop 3 · 0⤊ 4⤋
the moral of this story is....always insure your vehicles!!
2007-12-28 15:38:39 · answer #7 · answered by dirttrackgirl_77 5 · 1⤊ 1⤋
it sounds like your screwed
2007-12-28 15:35:19 · answer #8 · answered by Kirk Neel 4 · 0⤊ 2⤋