I was traveling down a street, going the speed limit, and I have the right of way. A lady came from an intersection, ran the stop sign and I hit her car with my car. My car is now considered junk and I scraped it. Both of us do not have insurance, but when the police report was made the officer was notifed and she told the officer the IT WAS HER FAULT. She admitted responsibility and I want her to pay me the remainder of the cars value: if not all, some. If I take her to court what do I have to provide in order to win.
Car / Auto Accident Lawyer
In this situation you could file a complaint against the other driver. It would probably be in your best interest to have an attorney do this for you. They will determine what court it would be filed in. I would seek an opinion of a local attorney.
Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue.
4 lawyers agree
Personal Injury Lawyer
You would the officer’s testimony that she admitted fault at the scene, and you would need someone that can testify about the reasonable value (blue book) of your car on the date of the crash. Hopefully you have pictures of your damaged car. Depending on the amount of your damages you could file a small claims case against her. However, if she did not have insurance she may not have the money to pay you and therefore be uncollectible.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Get a copy of the police report in which she admitted responsiblity.. that should be enough evidence if he wrote it down (police reports are an exceptiion to hearsay and are not excluded )
If it is under $5K file a small claims action against the other driver.
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