Car got scratched by neighbor while she was backing out. We made a deal that she will pay. What happens if she doesn't pay?

Asked over 1 year ago - Skokie, IL

She didn't tell me it happened and left the scene. I believe that she scratched it, panicked and then had her sister move it away. I only found out when my wife saw the scratch the same day it happened. We were leaving Walmart when she saw it. I went up to her apartment to tell her she scratched it. Had it estimated for $350 and she initial agreed to pay for it. I have text messages that say she will give me the money for the repairs. But now her brother is making a new deal to look for a cheaper estimate. What are my options if they decide not to pay for it? This happened about a week ago. If they don't pay, can I still report this to her insurance? Thank you.

Attorney answers (5)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Just make sure if she reneges you report to get carrier ASAP or you'll likely waive then covering this. Accidents and claims usually mist be reported within 30 days.


    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Burton A. Padove

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . Yes. You can, assuming that you know who her insurer is. you also can file a small claims law suit against her. Good luck.

    Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does... more
  3. Michael Stephen Wilensky

    Contributor Level 10

    6

    Lawyers agree

    Answered . If the damages is worth under $500, than there is a large chance that your insurance deductible is higher than the cost to fix the car.

    If they don't pay, your best option is to take them to small claims court (here in Georgia it is Magistrate Court) and try to get your money that way.

  4. Manuel Alzamora Juarez

    Contributor Level 20

    6

    Lawyers agree

    Answered . Write a polite letter and include a copy of the estimate. tell her that you will give her one week to pay fpor the repairs or you will report the accident to your insurance company. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Always report every accident to the police and insurance, as there are usually problems when you don't.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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