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Neighbor hit my car parked on the street. They didn't have insurance. They still haven't paid me. How do I collect?

Decatur, AL |

Can I still collect or take them to small claims court even though I don't have the vehicle anymore. I traded it in to get a new car, yet they have not paid me a single penny since the accident.

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Attorney answers 5

Posted

Take them to small claims court. That is your only viable legal remedy.

Asker

Posted

Thank you for such a quick reply!

David B Pittman

David B Pittman

Posted

You're welcome. Good luck. Include photos of the car and estimates as your evidence in the claim

Asker

Posted

Does it matter that I traded in the car for a new one. I probably could have had a better trade in amount if there wasn't damage...

David B Pittman

David B Pittman

Posted

Yes. Present all the evidence you can to bring the claim for the most amount possible. You could show what you were paid for the vehicle versus what the car would be worth undamaged and addd that to your claim.

Asker

Posted

Thank you again sir! Very much appreciated.

David B Pittman

David B Pittman

Posted

Good luck!!

Posted

Your own insurance MAY cover you under an Uninsured Motorist provision. Alternatively, you could take them to Court. I hope you retained your records evidencing the amount of money you had to pay to get it fixed. A lawyer may or may not take this case depending on the amount of money owed. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

Asker

Posted

I have the police report where she admitted fault. 2 estimates, a promissory note where the mother promised to pay with her income taxes. I had liability insurance on the car at the time.

Posted

Mr. Pittman and Mr. Simon are both spot on. If you think that your neighbor has the money to ultimately satisfy a judgment then the small claims approach is probably the way to go. That is, assuming that your damages are less than the small claims cap which is usually several thousand dollars. Further, if you have UIM coverage in your insurance, you will certainly want to consider that avenue.

The author of this response is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

Posted

Have your own insurance company resolve it, or small claims court.

Posted

You can take her to small claims court, but your UM coverage will not cover it. In Alabama, UM coverage only covers personal injuries, not property damage. You would need to have collision or comprehensive coverage for your own insurance to cover it. Under either of those coverages, you will have to pay a deductible, so you may want to still consider small claims court. Small claims court in Alabama is very "user friendly" and you do not need an attorney.