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ossiblue ossiblue is offline
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Join Date: Oct 2005
Location: Capistrano Beach, Ca.
Posts: 7,235
If you pursue small claims, you still have to show evidence that you attempted to receive compensation from the person before you file for court action. This could be in the form of a letter sent to the person (registered mail) in which you ask for payment of the deductible, or phone logs in which you addressed the issue with him. If you simply file and show up in court, the judge may dismiss the case on the grounds that no attempt was made to settle the issue outside of the court system. You never know what a judge will do, so having as many ducks in a row as you can will help your case. The court considers itself the venue of last resort to make someone whole after a loss caused by another so some record of attempts to make yourself whole by asking the person who caused the accident for reimbursement is expected. With that in mind, option 1 is almost a precursor to option 2. You may be surprised and the cyclist may pay your deductible, or offer to split the amount. You can then decide whether or not to move to small claims.
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L.J.
Recovering Porsche-holic
Gave up trying to stay clean
Stabilized on a Pelican I.V. drip
Old 12-02-2014, 04:29 PM
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