[Jahn]

when i was a grad student i got into a parking lot fender bender (totally the other guy's fault) but i was too naive and just got the guy's plate number and insurance, but didn't call the cops on the scene to take a report. so the next day he obviously changes his tune and blames ME. end result is a no fault decision, and my premiums go up. i'm glad i don't have a car anymore sometimes.

btw, you never can win against "judgment-proof" losers. they'll never cough up the cash and you don't even get satisfaction from bringing them down. bah.

 

[DanG]

Proof is not a problem... I've got a signed letter from her accepting full responsibility for the accident, even specifically naming the date and location of the accident and the general area of damage to my car.

I tried calling her again in the afternoon and couldn't get through. Her supposed insurance company really isn't her company, so I'll have to see if I can find which of the few companies insuring Vermonters is hers. Meanwhile I guess I have no recourse but to take her to court... though I suppose that'll have to wait until I return from Germany at the end of January.

 

[Squeek]

Quote:

Originally Posted by DanG /img/forum/go_quote.gif Proof is not a problem... I've got a signed letter from her accepting full responsibility for the accident, even specifically naming the date and location of the accident and the general area of damage to my car. I tried calling her again in the afternoon and couldn't get through. Her supposed insurance company really isn't her company, so I'll have to see if I can find which of the few companies insuring Vermonters is hers. Meanwhile I guess I have no recourse but to take her to court... though I suppose that'll have to wait until I return from Germany at the end of January.

Where is your insurance company on this? They should be doing the legwork, not you. When I got in my accident my adjuster called the other party to verify insurance.

 

[Febs]

Quote:

Originally Posted by DanG /img/forum/go_quote.gif So first thing I did was call the insurance company listed on her registration, which told me that her parents in Vermont insure with them, but that her car hasn't been insured with them since January of this year. So they told me to call the police.

Go to the policy station and insist on filing a report of the hit and run.

 

[Old Pa]

Quote:

Originally Posted by Wmcmanus /img/forum/go_quote.gif Push the police on this deal. They can be your ace in the hole. They should have issued her a ticket for leaving the scene of an accident, and another one for driving without insurance. Find out what is happening with the crash report (probably nothing if you are not pushing them in any way). Tell them that what you really want is to ensure that she pays you to get your car fixed. It doesn't matter to you one way or another if they issue her any tickets, but if you can get one cop to listen to your story and take an interest, he can easily go find her and threaten her with issuing the tickets if she doesn't pay you within a week. This isn't protocol by any means, but if you catch the right person, they will know exactly how to twist her arm.

What he said. Make sure the police issued the woman a citation (multiple counts: negligent operation of a vehicle causing damage, leaving the scene of a property accident, failure to report an accident, no insurance). Get the trial date and talk to the prosecuting attorney. See if you can see their copy of her driving record. Show up dressed nice and with an official quote for repairing the damage and a quote for a nice rental car for however many days the repair takes, any other paperwork you have on the accident and its costs to you and prepared to testify. Make sure whatever sentence is issued is contingent upon her payment of all damages to you (may be through the court). The traffic court then becomes your mechanism for enforcement under your state's restitution to victims statute. Good luck.

 

[DanG]

Quote:

Originally Posted by Squeek /img/forum/go_quote.gif Where is your insurance company on this? They should be doing the legwork, not you. When I got in my accident my adjuster called the other party to verify insurance.

My insurance company is doing nothing because I don't have physical collision coverage in my policy. I did file a report with them over the phone, however, and got a letter of confirmation with a claim# in the mail.

Quote:

Originally Posted by Old Pa /img/forum/go_quote.gif What he said. Make sure the police issued the woman a citation (multiple counts: negligent operation of a vehicle causing damage, leaving the scene of a property accident, failure to report an accident, no insurance). Get the trial date and talk to the prosecuting attorney. See if you can see their copy of her driving record. Show up dressed nice and with an official quote for repairing the damage and a quote for a nice rental car for however many days the repair takes, any other paperwork you have on the accident and its costs to you and prepared to testify. Make sure whatever sentence is issued is contingent upon her payment of all damages to you (may be through the court). The traffic court then becomes your mechanism for enforcement under your state's restitution to victims statute. Good luck.

I just called the police department upon your and Wayne's advice, and the dispatcher told me that they can't and won't tell me anything about any citations. If the DA's office needs me, she said that I will be contacted about it. Is this actually true or are they trying to get away from being responsible for this? I would think they'd like to issue the citations so that some officer gets his bonuses, but I really don't know the inner workings of the North Adams PD. Should I try to speak with the officer who came to the scene of the accident?

Last two questions I have -- first of all, does the DA's office have to be responsive to me when I ask them about this? And can I sue for double or treble damages for failure to provide timely payment for damages?

The woman is not answering her phone and is giving me a complete run-around about this. And I will do everything I need to see that she pays what she owes me. I'm not angry -- I very rarely get angry -- but I am owed over a thousand dollars and I am not just going to forget about it.

 

[Febs]

Dan, as I mentioned earlier, forget the dispatcher. Go to the police station. Speak with the investigating officer. If necessary, speak with his superior or the police chief. Leaving the scene of an accident is a crime; there should have been citations issued. GET A COPY OF THE POLICE REPORT. Assuming that citations were issued (and your conversations with the dispatcher suggest that there were), call the DA's office and find out the ADA assigned to the case. Speak to that person. If the person is insured, the police should have that information. If the person is not insured, then that is another crime for which a citation should have been issued. One way or the other, however, the police should be able to answer your question.

 

[Zuerst]

All those things at the same time? Sounds like a load of bs to me.

 

[MusicJunkie]

Quote:

Originally Posted by DanG /img/forum/go_quote.gif My insurance company is doing nothing because I don't have physical collision coverage in my policy...

Do you have uninsured motorist coverage? Maybe you can get your insurance company involved that way.