Dr. EV0

iTrader: (6)

A few weeks ago I was trying to get gas at a station when someone backed into my driver side door. The fender is almost perfect save for a small nick were the door hit when you open any more than half. He did about $2000 worth of damage. The car now pulls heavily to the right and the outside of the tire has extensive wear. I called the cops and being that the accident happened on private property they couldn’t do anything. The officer said to exchange information, but he never verified our information. I did manage to take down his plate number before we left.

The very next day I tried to contact his insurance company only to find out that he does not have insurance with them. No record of the policy number or name can be found. I took the tag number to the Sheriff’s Office and they also verified that he doesn’t have insurance (something they should’ve done at the scene). Much of his other information was false, like his driver’s license number & insurance policy number,. He also did not give me his full last name and his phone number went to an nursing home which had no record of his name as well.

Everyone I talk to says to either call my insurance company and make a claim or take him to small claims court. I don’t want to make a claim because I don’t want my insurance premiums to go up or pay the $500 deductible. I also don’t feel I should have to pay for his fault.

I could take him to small claims court. I’ve never done that before. From what I’ve heard, I go down to the court has with his information and file a suit against him for damages. Small claims court suit limit is $5000. I’ve also heard I don’t need a lawyer, however one may help. If I win I think he has to pay all court and (or) attorney fees. But I’m not positive.

I think I may take him to small claims court. I will be representing myself as I don’t have money to spare on a costly attorney. I’ve already written a letter to the Department of Highway Safety & Motor vehicles requesting written documents showing his status of insurance at the time the accident occurred. I also have my girlfriend as a witness as she was with me at the time.

If you were in my shoes what would you do? Take him to court or file a claim through my insurance company? Any suggestions?

Any and all help would be greatly appreciated.

-Tony

MYEVOVIII

iTrader: (35)

Man this suck's I had a similar incedent but the driver left before I could get a plate or anything luckily my uninsured motorist coverage kicked in and I did a police report for a hit and run. Thank god I was not in my Evo at the time. Best of luck since you have the tag # I would definetly sue him plus it's against the law in my state to not have insurance maybe you can make the case for that as well. As far as what to do I would do both have insurance fix it and sue him for the deductable and anything else your lawyer can come up with. These are the people who make us have high premiums and it really burns me as I am sure it does you so maybe this can be a little payback to prevent others from doing the same.

dizzigital

iTrader: (5)

did you get any info off the license plate?

if you have all the info you need, take him to small claims court. you'll win. it's not something you'll need a lawyer for either.

make sure you take pictures of your car, the gas station, damages, where you were when you got hit, where he was when he hit you, and anything and everything else you can come up with so that the judge can get a perfect picture of the situation.

GL buddy.

dizzigital

iTrader: (5)

if you do end up taking him to small claims, go to the most expensive body shop in down and get an estimate. if you want to, work in an additional grand to your requested settlement amount for emotional damages. say you cried for two days straight because it's your first car and you treat it like your wife.

BADEVO

iTrader: (35)

um, did ya call the cops and get a police report?

Private property...thats bullsh*t! SO you can rob the gas station and they cant do anything cuz it's private property???

2GDSM

I'll give you some free advice from an attorney, small claims court is an option, but I would first contact your insurance company and explain what happened. If you have the correct tag #, they will go after him for the money. They have access to all vehicle information and should be able to determine which insurance company he has, if at all. If he does have insurance, they will go after him for the money. If he does not have insurance, the insurance company will pay you for uninsured motorist coverage, minus your deductible. After that, you can go to small claims if you wish for the deductable, but remember, he doesnt really have to show up, and even if he does, the court basically arbitrates the disagreement, and you may get less than you deserve. If you have any specific questions, you can PM me, but I probably wont get to read it until tommorow because I work very long hours.

Dr. EV0

iTrader: (6)

I got his full name, real D/L number, address, phone number and DOB.

The cops could not do anything, not even a report because it happened on private property.

BADEVO

iTrader: (35)

Dude a gas station? SO tell me if yo go rob the gas station would the cops respond? OF course, thats a BS excuse. So if I went on a demolition derby spree in my mall parking lot the cops wouldnt respond cuz it private property?

Man I'm a reserve police officer and I'm telling you that BS! but do what you wish

macca20042

if i were you i would go to his house since you know his address and pay his car a visit with a trusty bit of pipe or a crowbar and do the same amount of damage he did to your car!

2GDSM

macca....thats brilliantly ignorant, I've seen some bad advice on this board but thats just idiodic. Go ahead, bust up the guys car, but remember that it doesnt fix your car.

dizzigital

iTrader: (5)

Ah, yes. Listen to the man.

Ah, yes. Listen to the man again.

On top of that, he may not even have the money to put up for you. What kind of car was he driving?

lil'evil_evo

iTrader: (17)

Take him to court. THat's one reason why I like living in Vegas you have to have insurance and if you don't the car will just take off anyway.

kataklyzm

i would think you should do both, since thats what you have ins for and he pasically tried to put one over on you...remember, theres a 5k limit in small claims court, and lawyers/attorneys arent allowed in small claims. but just go to the police station and file a desk report anyway...they cant deny you from filing a claim, and your ins. company will need it anyway

Alias

iTrader: (2)

That is not BS. Robbing a gas station is a felony. Having a fender bender on a private property is not and therefore the cops cannot do anything. Cannot even give a ticket because it is not public road. Just like if you own many acres of land and you drive as fast as you can on your own land without causing a felony like killing someone, the cops cannot give you a ticket.

tokeone

iTrader: (4)

just a heads up.

small claims court means dick. its honestly only a tool for revenge.
he doesnt have to show up, he doesnt have to pay you a dime, and all that youll get in return is knowing you slightly screwed his credit by leaving a red mark of him not paying someone X amount of dollars.
if you take him to small claims court just expect to still pay your deductable and youre premium will be going up.

but stick it to him with it anyway. its only $15 to file.