Auto Accident: Worthwhile suing other driver in small claims?

[lsd]

This has been a huge headache for me this year. To make a long story short, my wife was driving our G35 southbound in the left lane when a white BMW in the right lane tried to make an illegal u-turn right in front of her. The front right of our G35 impacted the left quarter panel of the BMW. The other car spun at impact facing almost north.

The other drivers father/insurance policy holder arrived at the scene and accepted responsibility and agreed to pay all costs for repair. I get a copy of their insurance card and tell him he needs to sign a written note taking all responsibility, which he does. Police arrived at the scene nearly 2 hours later and since we already had agreement they left without filing an accident report.
Our car was towed to a shop for an estimate and lo and behold it costs far more than the other party wants to pay. I try to go through their insurance but they deny my claim because the other driver claims we rear ended them.

My last step is going through small claims court where I know they will claim they were rear ended and also claim the note is fake. So judging by the pictures and diagram I made how success do you think I can be convincing a judge they turned in front of us?
Has anyone been to small claims court for an accident? I'd like to hear your story.

 

[dave_the_nerd]

I don't understand - the other insurance company wouldn't pay to fix your car? *confused*

Did they have a counterquote or counteroffer? Isn't suing him and his insurance company and stuff your insurance company's job?

 

[Rifter]

You are doing it wrong, thats what insurance is for, talk to YOUR insurance company not theirs.

Also get a crash scene investigator if you do go to court, i worked in a tow yard for 5 years and even i can tell that you did not rear end him the damage was done while the BMW was at a off angle to your vehicle.

 

[lsd]

Only if you have full coverage will your insurance go after the other drivers insurance in a process called subrogation . Since my G35 was too old I had liability only and I had to file a claim with their insurance. All the other driver had to do is accept responsibility and their insurance would have covered the repairs.

Edit:
I've already been through my insurance. The other carrier denied the claim and I was told my best bet is small claims court.

 

[Rifter]

Only if you have full coverage will your insurance go after the other drivers insurance in a process called subrogation . Since my G35 was too old I had liability only and I had to file a claim with their insurance. All the other driver had to do is accept responsibility and their insurance would have covered the repairs.

Edit:
I've already been through my insurance. The other carrier denied the claim and I was told my best bet is small claims court.

In that case see if you can get a hold of a crash scene investigator cheap. And next time force the cops to file a report especially if you dont have full coverage.

 

[jlee]

I would contact the police department and see if they can provide you with a copy of the call. There may not be an accident report, but there should be a call for service which may have some notes from the responding officer that may help you.

 

[Capt Caveman]

Did you ever file an accident report?

 

[FelixDeCat]

Talk to a lawyer and let them decide if it makes to file a suit against their insurance co

 

[lsd]

I would contact the police department and see if they can provide you with a copy of the call. There may not be an accident report, but there should be a call for service which may have some notes from the responding officer that may help you.

No actual accident report was ever filed. The officer never actually spoke to my wife or looked at our car.
I have the report transcript, it says the drivers exchanged information. I think that should help in tying the facts together about them agreeing to repair the car.

 

[Capt Caveman]

No actual accident report was ever filed. The officer never actually spoke to my wife or looked at our car.
I have the report transcript, it says the drivers exchanged information. I think that should help in tying the facts together about them agreeing to repair the car.

Going forward, always go to your police station or online and file an accident report. If the other driver is at fault, you should be able to file thru your own insurance and they'll want the accident report number.

 

[lsd]

Talk to a lawyer and let them decide if it makes to file a suit against their insurance co. They will likely settle with you if the lawyer can present the facts convincingly in a letter to them. Dont go for one of the accident attorneys that advertise on TV. They only want high dollar personal injury business. Even then, they treat everyone like cattle.....which you will find out in their Google reviews.

I have extended liability insurance and in 2005 I had two injury claims against my insurance company paid on my behalf. They did all the work, I did nothing.

I've have not been able to find a lawyer who will just prep a demand letter, most want the case. However winning is one thing, collecting a judgement is a different story. His insurer is supposed to represent him in court and pay all judgement against him. He doesn't have to ask them though and if he doesn't ask I *think* they don't have to pay. This guy has been to court so many times he should be in a debtors prison. This is why I'm hesitant to retain a lawyer.

 

[RockinZ28]

That sucks man, hope you get it sorted and those lying fucks get what's coming.

And if you haven't already, get a dash cam. For all your vehicles.

 

[lsd]

That sucks man, hope you get it sorted and those lying fucks get what's coming.

And if you haven't already, get a dash cam. For all your vehicles.

It's funny right before the accident I was telling my wife we needed dash cams. She thought I was crazy, now she doesn't.
This guy is the biggest POS I've ever seen. I guess it's no surprise he owns a used car lot or been arrested for business tax evasion..

 

[JulesMaximus]

Judging by the damage to the rear of that BMW and the front of your car I think you may have a hard time convincing a judge that your wife couldn't have avoided that accident.

Just saying...

 

[lsd]

Judging by the damage to the rear of that BMW and the front of your car I think you may have a hard time convincing a judge that your wife couldn't have avoided that accident.

Just saying...

It's ok that's what I want to hear. I need comments like that to decide what I will do.
So in your mind where is the other car? Is it in the right lane or in front like they told their insurer?

 

[HarryLui]

my wife was driving our G35 southbound

So judging by the pictures and diagram I made how success do you think I can be convincing a judge they turned in front of us?

Nope. YOUR WIFE would be talking to the judge mostly, not you. You did not drive, right? Did you witness the accident? If not, the judge will have no interest hearing from you. If so, you might be a witness.

 

[dave_the_nerd]

https://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html

Check that first.

Also, consider that even if you get a judgement against this guy, you will have your work cut out for you trying to collect.

I'm sorry you didn't have collision/comprehensive on it. Generally I wouldn't recommend skipping that unless the car is so worthless that you can afford to replace it with a similar bucket of bolts on short notice without really noticing the hit to your savings account. But then, if that IS true for you, why are you worrying about suing somebody, paying for an investigator, lawyer, etc.?

I learned in EVE-Online many years ago - never fly what you can't afford to lose.

 

[lsd]

Nope. YOUR WIFE would be talking to the judge mostly, not you. You did not drive, right? Did you witness the accident? If not, the judge will have no interest hearing from you. If so, you might be a witness.

That's incorrect since the car is solely in my name. I am the property owner, not her. I have the right to sue the other owner and driver.

 

[Ken g6]

Edit: wrong thread

 

[HarryLui]

That's incorrect since the car is solely in my name. I am the property owner, not her. I have the right to sue the other owner and driver.

"My wife tells me..." OP
"Stop, that's hearsay, Mrs., come up here tell me about the accident." Judge.

 

[Evilviking]

Just ordered a dash cam after reading this.

Best of luck

 

[HarryLui]

Judging by the damage to the rear of that BMW and the front of your car I think you may have a hard time convincing a judge that your wife couldn't have avoided that accident.

Just saying...

Except for one simple fact. If someone hit you from behind, wouldn't you try to get money from that person? The simple fact that the BMW driver/owner is not pursuing for payment, and the driver/owner of the vehicle behind is suing, that's a big red flag. If the Judge is smart, he/she will see thru the lies right away.

Even if the BMW driver/owner counter claim, that by itself will say a lot.

 

[monkeydelmagico]

You ran with collision only insurance and got bitten. I feel for you. Happened to me once too. I wrote it off and moved on because the guy had no job and no assets for me to go after.

Your scumbag actually owns a business. If he is sole proprietor (I doubt it) then you might be able to eventually get your judgement. If you win. Which is not even remotely guaranteed. Tough call on your part. If you do decide to go for it please let us know how it went.

 

[lsd]

Except for one simple fact. If someone hit you from behind, wouldn't you try to get money from that person? The simple fact that the BMW driver/owner is not pursuing for payment, and the driver/owner of the vehicle behind is suiting, that's a big red flag. If the Judge is smart, he/she will see thru the lies right away.

Even if the BMW driver/owner counter suit, that by itself will say a lot.

Going off of that I actually have a letter from my insurance claims adjuster saying the other driver refused to talk to them. As you said if we were at fault why would they not file a claim with my insurance? They also did not take any pictures like we did nor did they call the police. When I asked their insurance adjuster about all that his response was "We do not infer psychology".

 

[lsd]

You ran with collision only insurance and got bitten. I feel for you. Happened to me once too. I wrote it off and moved on because the guy had no job and no assets for me to go after.

Your scumbag actually owns a business. If he is sole proprietor (I doubt it) then you might be able to eventually get your judgement. If you win. Which is not even remotely guaranteed. Tough call on your part. If you do decide to go for it please let us know how it went.

His business is filed as a corporation and his corporation is currently being sued. If I do win and he does not notify his insurance I have enough information to file a writ of garnishment. Thank god for public records.