Car accident, should I sue this guy? Please help me Headfi!
Sep 5, 2008 at 6:11 PM Thread Starter Post #1 of 22

Idsynchrono_24

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I apologize in advance for the length of this post, but I couldn't make it any shorter without eliminating any crucial details. Any help at all is greatly appreciated. So this is what happened:

My car was sideswiped by a truck on Aug. 6 in my apartment parking lot while going around a corner while heading to work. I collected the offender's name, address and phone number since he lives right next to me in hopes of calling him later during the day and he collects my info as well. Needless to say, everytime I call, he is not available. I leave a message, and he does not call back. I had to go to his apartment to try to collect insurance information from him.

When I get there, he tells me that his insurance info is at his parent's
residence, and that he would have it for me in a week when he heads to Illinois for his birthday. I asked him if he couldn't just call them, and he says that they never pick up. I asked him about not answering the phone and he tells me that he works the night shift and is asleep all day, and that if I didn't leave a message, he wouldn't respond since he received hundreds of calls a day. I told him that I did leave a message, and asked him if he saved my contact info to his phone. His reply was, "no."

At this point, I should have realized that something was wrong but decided to foolishly have a little faith in this guy because he constantly reassured me that it would get taken care of. At one point he mentions talking to his mom about the accident and said that even though she was pissed off, he said, "it's gotta get fixed mom, it's gotta get fixed." I didn't really think of it at that moment, but that was the red flag. If he talked to his mom about it, shouldn't it have been vital to collect insurance info right then and there if he was so adamant about it being fixed?

A week blows by and I call him after 7 PM (which is when he said he is up and about), and no reply. I call once every hour and leave a message. No response. Two days later, I'm driving back from school and see him outside and stop immediately to talk to him. He tells me that he called me at 2 AM, and was banging on my door earlier. That's funny, my phone has NO record of him calling at all, and someone's always home to hear if someone's knocking. I ask him for the insurance info and he says he doesn't have it, his whole family was dropped when he reported the incident. I thought it shouldn't matter, because if the incident happened when he had insurance, he should be in the clear.

He goes on to reassure me that it will get done, that he's got guys looking for a new fender for me etc. and that he'd swing around Sunday to jack up my car to hammer out the dent that's scraping my tire with a rubber mallet. Sunday swings around and he never calls, never knocks, never shows up. At this point (a week and a half ago) I'm pretty damn sure that he's not going to do anything unless he's forced to. I've gotten two estimates for my car repair today; so at this point, should I just take this guy to court, or attempt to get him to sign a contract to fix my car or what? I'm not very legal saavy and would like some advice as to how to pursue this so that my car can be rightfully fixed. Thanks so much guys.
 
Sep 5, 2008 at 6:22 PM Post #2 of 22
Why not let your insurance company handle it? When I got in an accident that was the other person's fault, and they didn't have insurance, my company paid for the repair with no deductible and didn't raise my rates. They sued the guy and let DMV know that he didn't have insurance.
 
Sep 5, 2008 at 6:39 PM Post #3 of 22
Yep, contact your insurance. Your insurance policy should (might) have coverage for people who are un/under insured. They'll deal with the legal hassles. That's why you have insurance.

Assuming you have collision, you can probably take it in for repair and pay the deductible (your insurance company will pay it back eventually). If you don't have collision I'm not sure what your options are. Again, contact your insurance company.
 
Sep 5, 2008 at 6:40 PM Post #4 of 22
Thanks for taking the time to read that scompton. Sorry for omitting that info, I completely forgot. The problem is that I am only paying for liability coverage, so my insurance company can't act in any way, and this other guy is not coughing up any info, which makes me wonder if he even has insurance to begin with. I tried calling my insurance company (AAA) and explaining my situation to them, but they said they can't do anything since I only have liability coverage. Upon calling the police, they said that it was now a civil matter since I didn't report the accident on the day it occurred. Really sucks. Anyone else have any advice?
 
Sep 5, 2008 at 6:45 PM Post #5 of 22
I would contact a lawyer ASAP. Have him explain your rights, and options, in this matter.

it really dosnt mater to you if he has insurance or not. It matters that your car gets fixed. If the state requires you to have insurance it may matter to them.
 
Sep 5, 2008 at 6:50 PM Post #6 of 22
Hey Nikongod, I'm going to take off to get my car aligned right now, but is legal advice from a lawyer provided for free?
 
Sep 5, 2008 at 6:51 PM Post #7 of 22
I recently witnessed an accident where a guy didnt apply brakes on time & totally banged into the other car destorying 2/3 of its body.

both drivers safe..they didnt fight or make an issue.

i guess they let the insurance companies handle it.. thats how its done these days.
 
Sep 5, 2008 at 6:58 PM Post #8 of 22
Quote:

Originally Posted by Idsynchrono_24 /img/forum/go_quote.gif
Anyone else have any advice?


The main advice I've got is too late. If you're in an accident, and the other person does not have complete information, including driver's license and valid insurance card, call the police right then. If the accident is minor, you can wait until you get home. Also, call your insurance company immediately. They need to know (unless the accident was your fault, and you're ready to pay directly to keep your rate down). Your best road to getting funds back now is small claims court.

However, while the police can't do anything, your state's (or Illinois', if that's where his license is issued and the car is registered) Motor Vehicle Administration (whatever it's called where you are) might well be able to. If the guy is driving around with no insurance, he's breaking the law in many states. In some states, the fines for owning an uninsured vehicle are large, much less driving one. Find out what the penalty would be, and let the guy know. He (or his parents) could be faced with a large fine, and he could lose the car if there's something irregular about his insurance. That possibility can provide a strong motivator to resolve a situation.
 
Sep 5, 2008 at 7:02 PM Post #9 of 22
Quote:

Originally Posted by Idsynchrono_24 /img/forum/go_quote.gif
is legal advice from a lawyer provided for free?


It is probably not free. Get an estimate on what the body-work on your car will be. A few hundred bills to get the help of a lawyer dosnt look so bad.

I dont mean this as offensive, simply blunt: From the sound of things so far, deadbeats are better at not paying their debts than you are at collecting from them on your own. You need any advantage you can get in this matter.
 
Sep 5, 2008 at 7:21 PM Post #11 of 22
File a police report and contact your insurer NOW. Do not let the guy or his friends do the repair. Get a quote and let your insurance company handle the repair.

Causing an accident and not reporting it is a crime in most states. The guy knows this. So let the police handle that. The good news there is that the Court will likely order restituition for repairs. Restitution kicks ass. You can't get rid of it in bankruptcy and the court can hand out time in the klink if you don't pay. Not to mention seizing assets and bank accounts to pay it.

Anyhow, call the police and call your insurance. DO NOT let the guy whine or BS his way out of you doing that. He has had multiple opportunities to do the right thing and failed to do it.
 
Sep 5, 2008 at 7:43 PM Post #12 of 22
Quote:

Originally Posted by nikongod /img/forum/go_quote.gif
A few hundred bills to get the help of a lawyer dosnt look so bad.


If a lawyer is that inexpensive. Run away from him or her, and fast!
 
Sep 5, 2008 at 7:51 PM Post #13 of 22
As others have posted, the first thing you should do is contact your insurance and explain the situation. Trust me, you won't be the first to have called the company with a situation similar to yours.

If this doesn't work, you could always try small claims court, but I really don't know how much real power the court has to make someone pay. They can order it, but actually getting the other party to pay might prove difficult.

Good luck.
 
Sep 5, 2008 at 8:05 PM Post #15 of 22
You have nothing to loose by filing a police report. My bet is this guy is just buying time until he moves away and you never see him again. He probably has no insurance or any intention of ever paying you. At the very least he should get a ticket for driving without proof of insurance. Perhaps that will motivate him to find his card.

You might still want to call your insurance. Even though you only have liability you might also have no-fault. Maybe no-fault will pay something.

Skip the lawyer. The fee will probably cost more than the car.
 

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