Need insurance/legal advice

Ok, some dip**** ricer in a Honda Prelude hit my car in a parking lot this morning as we were both backing out. He later admitted it was his fault to my insurance company.

The damage is minimal, the fender he hit didn't suffer any damage (its plastic) but it did put a nasty scuff in the paint thats about 1.5" long. It goes all the day down though the clearcoat/basecoat. His car had similar damage to the rear bumper.

We exchange information but did not get the police involved (I now know this was a mistake).

I call my insurance company (Progressive) and start a claim with them. They advise me to contact his insurance company (State Farm). I call SF and they tell me his policy was canceled effective eight days ago. So basically this ****tard had no insurance.

I talk with my agent and basically he says if the cost to repair the damage is under my deductable (which it is) there isn't much they can do since it wouldn't be worth their time to pursue him for the money.

<rant>
Now I'm pissed, its not so much the damage to my car but the princple that gets me. This dumbass has no insurance, hits me, damages my car, and gets away free?
</rant>

So basically I'm looking for options on how to get something out of this mess. I have his number but I have a feeling that unless I threaten him with legal action there's no way I would get anything out of him.

Any advice/suggestions would be appreciated.

This is the EXACT boat I've been dealing with since the beginning of December. Where did it happen? Did anybody get cited with a ticket? Was there an accident report?

If he showed a cop an insurance card that was no longer valid it is a criminal offense. Some places won't prosecute though. Winter Springs takes the position that there was no criminal intent by driving without insurance so they just issue a citation. In my case the driver wasn't the owner of the vehicle so they won't charge her with anything. All she'd have to do is say that her sister took the car without permission and she'd get off. They won't charge the sister with theft unless the owner of the car wants to press charges. My only recourse was to file in small claims court. My first court date is set for March 23rd. If I win they will have to pay all the court costs and any other expense I have had to pay. If they don't pay I will be able to have Seminole county seize property and auction it to pay the judgement. I can also have up to 25% of their wages garnished until it is paid off.

My damages are over $3,000 so it's worth it. This guy might be willing to cough up the cash if you turn up the heat a little. Good luck! Keep track of EVERYTHING if you plan on getting legal.

No police were involved. I probably should have called them, but seeing as it was on private property, no one was hurt, and this guy had insurance (or so it seemed) I didn't.

It looks like I have a few options:

1. Suck it up and forget about it. The damage is very minor and its kind of hard to depreciate a 10 yr old car that isn't worth anything anyways. With a little buffing and some touchup paint it wouldn't be that noticable but thats not the point...

2. Call him up, threaten to take him to small claims court and hope he will pay out of pocket.

The more I think about this the more pissed off I get. This ******* can afford bling-bling rims and a huge fart tip but can't pay his insurance?

Take him to small claims court. It only costs you a few bucks. He already admitted fault, so it is an open and shut case. Maybe he will just send you a check before going to trial....

Originally posted by Kwiksilverz28
Take him to small claims court. It only costs you a few bucks. He already admitted fault, so it is an open and shut case. Maybe he will just send you a check before going to trial....

I am hoping to avoid the hassle of a court if possible.

Now that I've calmed down a bit the plan is to contact my insurance company and see if I can get a letter that states he admitted fault in case he "forgets". Then I'll get some estimates on having the fender repainted.

I'll call him up and ask if he'll pay the estimate. If he doesn't then I'll take him to small claims court. Hopefully it'll be pretty straightfoward like you said.

Originally posted by Soma07
Hopefully it'll be pretty straightfoward like you said.

Agreed, but I think small claims court is like $10. Definately get something from your insurance company stating that he admitted fault. His options are pay you, or pay fines for no insurance, yadda yadda yadda.

I hate to be one to sue, but I pay a crap load to insure my 4 cars a year. It drives me nuts that half the reason I pay so much is people like this jerk that don't carry coverage....

take him to small claims court for cost of repairs + court costs

It'll cost closer to $75 to take him to court but if you win he pays all the costs.

Take the bastard to court unless he pays up. He obviously lied to you so you were wronged.

BTW ALWAYS call the cops no matter what.

Hey Jason are you at UCF? If so try student legal services they have helped me with legal advice, nothing like yours but you cannot beat free :)

Originally posted by MustangEater82
Hey Jason are you at UCF? If so try student legal services they have helped me with legal advice, nothing like yours but you cannot beat free :)

Not anymore, graduated last May. I wonder if the service is available for alummni?

Anyhow regarding the cops. I have been told by several people that since the incident occured on private property (Pepboys parking lot) they wouldn't have come out anyways.

I think they can write a report on private property, just not issue citations.

Usually all of the UCF Student Services accept Alumni... at least as far as Ive heard

Look into it... my girlfriend graduated last august and she can still use the computer labs. Maybe it can help you too, can't hurt, times I used a lawyer they were pretty good at representing me and court and they did clear up a few things when I just talked to them.

I believe the student legal services will still help you since you are an alumnus. Give them a call or stop by and ask, they can be a big help. And just to reiterate, as much as it may suck, you should always call the police no matter what :alert: Sorry about this whole deal, its never a good feeling when people try to scam you.

tell him if he doesn't pay for your repairs you'll turn him into the police for driving without insurance.