Parts Catalog Accessories Catalog Tech Info Tech Forums
 
  Search our site:    
 Cart  | Project List | Order Status | Help    
  We salute a legendary member of the community.
Thank you for selflessly sharing your wisdom with us...
Go Back   Pelican Parts Technical BBS > 5 - Miscellaneous > Off Topic Discussions

Reply
 
LinkBack Thread Tools Rate Thread
Author
Thread Post New Thread    Reply
Registered User
 
Join Date: Mar 2009
Location: Newtown, CT
Posts: 106
Garage
Need advice....collecting from an uninsured driver

I was parked in a convenience store last weekend, when a lady pulling into the spot next to me hit the front quarter panel of my (wife's) car. We both got out, she tried to convince me there was no damage, then started getting pissy, so I called the police to file an accident report instead of having to deal with her any longer. When I was on the phone with 911, she jumps in the car and drives off, but I got the license plate. Police came....nice guy....wrote everything down....viewed the stores surveillance footage....said he'd try to find the car, etc.....Just picked up the report at the PD and sure enough they found her at her house that evening, and arrested her for leaving the scene and no insurance.

So what should I do from here?? I'm thinking a certified letter including the estimate from the body shop ($650) with a one week deadline to either pay in full or begin a payment plan. If no contact within 1 week, file in small claims. Seeing her home address (and her decision to run from a very minor accident), its likely there isn't 600$ lying around, so I expect this is going to be difficult. I've never done anything in small claims -- does a judgment carry any clout? How is the collection process any more effective after a visit to small claims vs now? Is this a lost cause?

I'd appreciate any advice from the PP brain trust.
Thanks
__________________
Chris

'87 Targa
Old 01-21-2011, 09:33 AM
  Recommend this thread for the PelicanWiki    Reply With Quote #1 (permalink)
Registered User
 
Join Date: Feb 2000
Location: Dallas, TX
Posts: 3,634
Can't you file a claim on your insurance and they will go after her?
Old 01-21-2011, 09:36 AM
  Recommend this thread for the PelicanWiki    Reply With Quote #2 (permalink)
Registered User
 
Join Date: Mar 2009
Location: Newtown, CT
Posts: 106
Garage
Quote:
Originally Posted by Neilk View Post
Can't you file a claim on your insurance and they will go after her?
I don't carry collision, so no. They did tell me if I get a rental car while the work is being done they will reimburse me for that, and then they can go after her for the entire amount. But I question how much effort they'll put into collecting the ~$100 they're out for the rental car.
__________________
Chris

'87 Targa
Old 01-21-2011, 09:43 AM
  Recommend this thread for the PelicanWiki    Reply With Quote #3 (permalink)
Free Exams All November!
 
McLovin's Avatar
 
Join Date: Jun 2009
Location: McLovin's Gynocological Clinic
Posts: 6,787
Without your own insurance as a possible source, small claims is perfectly fine, and is in fact the only way to go on a claim this small.

A small claims judgment carries just as much "clout" as a Federal court judgment. A court judgment is a court judgment. They carry equal power as far as collection and enforcement.

Your plan is good. A demand letter with a short time to pay, and immediately file a small claims action. Don't let a lot of time pass. Passage of time is always a defendant's best friend.

"How is the collection process any more effective after a visit to small claims vs now? Is this a lost cause?"

It is very different after you get a small claims judgment. Right now, you have no authority or ability to "force" a collection. You can only ask. After you have the judgment, you have the force of the govt behind you. Then there are all sorts of things you can do. A very effective thing is a wage garnishment. The sheriff directs her employer to pay you. Works well. And there are other tools you can use, too. Post again after you get the judgment.

I wouldn't view it as a lost cause. If you want to collect this, you probably can, if you are willing to put the time into it. How much effort it takes is not predictable. She probably won't pay on your demand letter, but she might when she gets served with the small claims complaint. Etc. The only way to find out is to start the process.

Last edited by McLovin; 01-21-2011 at 09:51 AM..
Old 01-21-2011, 09:48 AM
  Recommend this thread for the PelicanWiki    Reply With Quote #4 (permalink)
Friend of Warren
 
Join Date: Oct 2000
Location: Jefferson City, MO
Posts: 14,987
Also check with your states Department of Revenue, assuming they also issue driver's licenses. In most states you can file a claim against the driver for not having insurance. The Dept. of Revenue will then suspend that person's license until they pay up.
__________________
Kurt
2001 Boxster, 1991 BMW 318is
'93 Ducati 900SS, '76 BMW R75/6, '76 Honda CB400F, '73 350 Honda Scrambler

Gone, but not forgotten: '86 Carrera, '72 911E
Old 01-21-2011, 10:16 AM
  Recommend this thread for the PelicanWiki    Reply With Quote #5 (permalink)
Registered User
 
Join Date: Mar 2009
Location: Newtown, CT
Posts: 106
Garage
Thanks for the replies, the advice is appreciated.

Rot911 -- she did get a misdemeanor for no insurance (per the police report) issued the night of the accident when they found her at her apt, so this may already have happened. I'll double check.

Mike -- she is uninsured per the accident report.

McLovin -- I was unsure if wage garnishment was an option with small claims. That may ultimately be what I need. I'd like to get this money if for no other reason than out of principle, and don't mind putting in alittle time for the cause.



Letter is being drafted and will go out tomorrow. Amazing part is she was driving a new car, yet can't afford insurance. I'm sure she'll be hearing from her leasing company/bank very soon as well. Even if she doesn't pay me a dime, it was an expensive night for her.
__________________
Chris

'87 Targa
Old 01-21-2011, 11:00 AM
  Recommend this thread for the PelicanWiki    Reply With Quote #6 (permalink)
Registered User
 
Join Date: Dec 2005
Location: Pine Mountain Georgia
Posts: 799
Here in Georgia, that ticket would require a court appearance. If she has to go to court you ought to be there as well. Explain the damages to the judge and see if the judge then makes your repairs part of the judgement. Good luck.
__________________
1990 Wanderlodge PT-40
75 911 Silver Anniversary
1952 MGTD
1971 2800 CS BMW
1969 Lincoln
Old 01-21-2011, 12:21 PM
  Recommend this thread for the PelicanWiki    Reply With Quote #7 (permalink)
Registered User
 
Scott R's Avatar
 
Join Date: Feb 2001
Location: Denver CO US
Posts: 8,701
Garage
I've posted this before but I was also hit by an uninsured motorist. I had to sue them in small claims court and received a default judgment when she didn't appear.

This was almost five years ago now and she's never paid. At RWebb's suggestion I'm renewing the judgment this year to make sure this follows her forever, but I have no hope of ever getting paid.

I have the judgment, the court costs, and processing service fees all in the judgment. I looked into a collections agent but he found that she had no assets worth going after. I hope you end up getting your settlement in the end.
__________________
2005 Cayenne Turbo
2012 Panamera 4S
1999 996 Cab
Old 01-21-2011, 12:37 PM
  Recommend this thread for the PelicanWiki    Reply With Quote #8 (permalink)
Senior Member
 
Join Date: Sep 2000
Location: Concord NC
Posts: 1,910
do you not have uninsured motorist coverage

got hit 8 years ago - guy took off, had pictures of his car, him and him driving off - even followed the bastard until I got the cops I was talking to via the phone told me to go back to the scene of the accident. The cops refused to persue the matter

My insurance took care of my car (i only had liability and uninsured coverage) then they went after him. didn't cost me a penny
__________________
Dr. Osidak
78 Euro 911sc Targa
03 Hayden
SCWDP
South East Region
Old 01-21-2011, 08:20 PM
  Recommend this thread for the PelicanWiki    Reply With Quote #9 (permalink)
Old 01-21-2011, 08:20 PM
Reply

Thread Tools
Rate This Thread
Rate This Thread:

 


All times are GMT -8. The time now is 09:07 PM.


 
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2011 Pelican Parts - Posts may be archived for display on the Pelican Parts Website -    DMCA Registered Agent Contact Page
 

DTO Garage Plus vBulletin Plugins by Drive Thru Online, Inc.