She left her name and number. I got 2 estimates and she refuses to pay calling it "shady and no way $3000 worth of damage". She ruined my driver side passenger door! The police said that I have to take her to small claims court if she won't pay!! Please tell me I can get this repaired and make her pay for it!! I have the entire conversation in writing where she admits to hitting my car! She states she lost her job and can't pay deductible to get repair and refuses to give me her insurance information.
I am afraid that your options are limited. The fastest way to do this is to file a claim in small claims court. If you win, you will be awarded the filing fee and fee for service of process. Other than that, you can file an SR-1 with your insurance information, and the DMV will then see if she has insurance. Also, if you have comp and collision on your policy, get it fixed less the deductible, and then sue her for the deductible and any rental expense you incur when your car is being fixed. Your insurance rates will not increase by making a claim since the accident is obviously not your fault.
You can sue her it there is no guarantee that she will pay. You might scare her into turning it over to her insurance company. Good luck.
You should go through your own collision coverage and then your insurance will go after her to recover your deductible and payments they made under your collision coverage. The other option is to sue her in small claims court. Maybe she'll turn it into her insurance once she realizes you are suing her.
Whether people would really consider $3,000 small... the courts do... and they have set up a court just for such small cases... called... oh, you know the answer already... when someone hits a parked car, there should be no problem in showing that he or she was completely, totally, 100% at fault... the only issue will be how much that person has to pay.
SMALL CLAIMS COURT!
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
* Paul J. Molinaro, M.D., J.D. (Attorney and Physician) ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. *** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation, medical malpractice, personal injury, health supplement litigation, and real estate law and does so anywhere in the State of California. **** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.
I agree with Arnold. The best way to do this is go through your own insurance company. If you are not covered, than you probably may want to consider suing that person in small claims court for the damages that he/she caused. If you do so, make sure you get a couple estimates from a repair shop to show the small claims judge the damages that he/she caused.
If she will not give you her insurance information, but you have her name, address and phone number. Contact the police department to see if there is anything they can do to assist you in obtaining her insurance information. Your other option is to have your insurance company repair your car; if you have comprehensive/collision coverage. You will be required to pay your deductible. However, the car will be repaired properly, and they will bring an action against the other driver to recover what they have paid. At that point maybe she would turn the matter over to her insurance company, they will pay your insurance carrier, and your deductible will be reimbursed.
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