What can I do if someone has not paid car accident damages? 44 Answers as of February 21, 2012
One lady hit my car while it was parked. A police report was filed. She told me that she didn't wanted to go through her insurance company and asked to settle privately. I agreed and sought estimates. I gave her estimates but she has not yet paid and making excuses, what should I do ?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereJones, Boykin, & Associates, P.C. | Noble L. Boykin, Jr.
You would be entitled to essentially start over with this person who hit your car. You should contact her insurance company immediately and send the estimates to them. You gave her an opportunity to pay it without going through her insurance and she failed to live up to her end of the bargain. If this collision did not occur too long ago, it would probably not be too late to turn it in on the insurance. If the insurance company gives you a problem then you would have the ability to either consult an attorney about accepting the case on your behalf or filing on your own pro se in small claims court.
Answer Applies to: Georgia
Replied: 6/27/2011
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Report the accident to DMV and the appropriate insurance co.s like you should have in the beginning.
Answer Applies to: Oregon
Replied: 6/23/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Sue her in small claims court.
Answer Applies to: California
Replied: 6/23/2011
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Contact her insurance company yourself and file a claim. If you do not know her company you may have to do some research (call your company and ask them to attempt to find other driver's insurance) or hire an attorney.
Answer Applies to: Oregon
Replied: 6/23/2011
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You can sue her. If the damages were not worth very much, you can represent yourself in small claims court. If you go file something in small claims make sure you can have her served (ask the clerk, they'll explain). On the other hand, if you were hurt you should get a lawyer to help you with this.
Answer Applies to: Missouri
Replied: 6/23/2011
Law Office of Jared Altman | Jared Altman
Take her to small claims court. If the amount you want is more than small claims, then you'll probably want a lawyer.
Answer Applies to: New York
Replied: 6/23/2011
Wilson & Hajek, LLC | Eddie W. Wilson
Call her insurance company.
Answer Applies to: Virginia
Replied: 6/23/2011
Law Offices of Earl K. Straight | Earl K. Straight
If you have their insurance information you can make a claim against their insurance. If not, and if they will not give you their insurance information, your only remedy is to file a lawsuit against them, probably in small claims court depending on the amount of damages. You may wish to contact her one more time and explain that you will be forced to file a lawsuit if she doesnt pay your damages, and that will hopefully get her attention and facilitate a settlement.
Answer Applies to: Texas
Replied: 6/23/2011
Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
If your insurer pays for the damage to your car, your insurer will pursue the person that hit you. If you have no insurance then you can sue them in small claims court, or if the damages are large enough, you can hire a lawyer to sue them in a court of general jurisdiction. In some states, Oregon among them, you can sometimes force the other side to pay your attorney fees in certain small cases. In any event, you should probably consult with a lawyer before deciding what to do.
Answer Applies to: Oregon
Replied: 6/23/2011
Kelaher Law Offices, P.A. | James P Kelaher
Turn it over to her insurance company....if she's not willing to compensate you for your damages, why should you abide by her wishes or preferences. The policeman should have written on the accident report who her insurance company is.
Answer Applies to: Florida
Replied: 6/23/2011
Matthew D Kaplan LLC | Matthew D Kaplan
Submit the estimate to her ins company or go through yours if you have coverage.
Answer Applies to: Oregon
Replied: 6/23/2011
Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
It depends on the amount of damages. If less than $7,500 you can take her to Small Claims Court. If over $7,500 you must file a lawsuit in Superior Court and may need an attorney. If you know the other person's insurance company, contact them directly and make a claim.
Answer Applies to: California
Replied: 6/23/2011
Martinson & Beason, PC | Elizabeth Beason Moore
You should contact her insurance company and get them involved.
Answer Applies to: Alabama
Replied: 6/22/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
First, report the accident to the other driver's insurance company. Hopefully, not too much time has elapsed which would preclude you from getting compensated for the damage to your vehicle. Secondly, you should retain and consult with an attorney who handles motor vehicle accidents
Answer Applies to: Indiana
Replied: 6/22/2011
Patrick M Lamar Attorney | Patrick M Lamar
Make a claim against her insurance immediately.
Answer Applies to: Alabama
Replied: 6/22/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Tell her you are going to file a small claim if not paid in 10 days, then file on the morning of the 11th day so she will know you mean business small claim limit in NC is $5000
Answer Applies to: North Carolina
Replied: 6/22/2011
E. Ray Critchett, Zaino & Humphrey, LPA | Ray Critchett
You may be able to submit the claim through your own insurance company and let them go after her and/or her insurance company for repayment.
If you need any additional information, please feel free to send me an email.
If you need any additional information, please feel free to send me an email.
Answer Applies to: Ohio
Replied: 6/22/2011
Dunnings Law Firm | Steven Dunnings
File a lawsuit against her. Which court you file in (small claims, district or circuit) depends on the amount of damages.
Answer Applies to: Michigan
Replied: 6/22/2011
Theodore W. Robinson, P.C. | Theodore W. Robinson
Submit it through your insurance company if you have collision insurance and if not, then hire an attorney to sue her. Good luck.
Answer Applies to: New York
Replied: 6/22/2011
Cody and Gonillo, LLP | Christine Gonilla
You can call her insurance company (it should be listed on the police report) or sue her - if the damages are $5000 or less you can go through small claims.
Answer Applies to: Connecticut
Replied: 6/22/2011
Klisz Law Office, PLLC | Timothy J. Klisz
Turn it over to her insurance company. You are also entitled to loss of use damages as well. Ie- rental car. You are the victim here. Move quickly.
Answer Applies to: Michigan
Replied: 6/22/2011
The Law Offices of Mark Kotlarsky | Mark Kotlarsky
File a claim with her insurance.
Answer Applies to: Maryland
Replied: 6/22/2011
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Depending on the value you can bring her to small claims court. If the amount of damage is higher you can sue her in the regular court.
Answer Applies to: Connecticut
Replied: 6/22/2011
Law Offices of Andrew D. Myers | Andrew D. Myers
Go through the insurance company. It is why we all pay the big bucks to our auto insurance companies. For whatever faults they may have, the insurance companies have a system in place for dealing with claims and they have the resources to handle accident claims properly. It is always a bad idea to not go through the insurance company. In fact, the law in most states requires that motorists exchange insurance information at the scene of an accident. So, if it is not too late, insist that you go through her insurance. If she refuses, then your recourse is to file a claim against her in the small claims court and sit around and wait for the hearing.
Answer Applies to: New Hampshire
Replied: 6/22/2011
Law Office of Travis Prestwich, PC | Travis Prestwich
I recommend contacting her insurance. If she did not give you insurance information, you can and should complete a traffic accident report with DMV. They will send a request for information from her so you can get her insurance information. The longer you wait the more complicated it can become.
Answer Applies to: Oregon
Replied: 6/22/2011
The Margolis Firm | Charles J. Candiano
Report it to your insurance company and have your car repaired. They will seek reimbursement from the at-fault party.
Answer Applies to: Illinois
Replied: 6/22/2011
LT Pepper Law | Luke T. Pepper
File a claim against her insurance company if you have the information. If you don't get satisfaction from her, tell her you will proceed with filing a lawsuit and contacting the insurance company.
Answer Applies to: Pennsylvania
Replied: 6/22/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
You should notify her insurer. If you don't have that information, you should make a written demand for payment, and if she doesn't pay up, you will need to sue her for your damages.
Answer Applies to: Oregon
Replied: 6/22/2011
Anderson & Bliven P.C. | Scott Anderson
You could file a claim with her insurance or your own. Otherwise, you would need to go through small claims court or your county district court.
Answer Applies to: Montana
Replied: 6/22/2011
Law Office of Mark J. Leonardo | Mark Leonardo
You can give it to your insurance company and they will pursue her or you can sue her in small claims. I would give it to your insurance company. If they recover from her, they will reimburse your deductible. This is no know on your insurance since you are not at fault.
Answer Applies to: California
Replied: 6/22/2011
David F. Stoddard | David F. Stoddard
Contact her and ask for her insurance information. If she will not give it to you, contact the Department of Motor Vehicles, or Department of Public Safety and report that someone hit you and has not paid property damages. It may be helpful to have the green form called an FR-10 that the police officer should have given you. If you get the run around with the DMV and the Department of Public Safety, call the officer who wrote the report. If a driver causes an accident and does not pay the property damage, the DMV will suspend their license until they pay.
Answer Applies to: South Carolina
Replied: 6/22/2011
David Hoines Law | David Hoines
Contact the Florida insurance commissioner who will identify her insurance company and then you can make your claimor, if you have comprehensive coverage on your policy, claim against your insurance company who will then seek reimbursement from her company.
Answer Applies to: Florida
Replied: 6/22/2011
Law Office of Russell D. Gray, PC | Russell D. Gray
If you know who she is and where she lives, you can file suit against her in small claims. If she didn't report it to her insurance company she might have waived her coverage (which will make it much more difficult to collect). Be careful though, if you were injured in the accident a small claims suit that doesn't cover your personal injuries will waive your claim for them.
Answer Applies to: Utah
Replied: 6/22/2011
Magnuson Lowell P.S. | Richard S. Lowell
If a police report was filed; the officer should have gotten her insurance information. Contact the woman; tell her that if you don't receive a check in 5 days; you are going to call her insurance company. And then do it.
Answer Applies to: Washington
Replied: 6/22/2011
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You can either contact her insurance company yourself and try to be compensated that way, or you can bring a lawsuit against her for the damages. You could probably handle this in small claims court, depending on the amount of damage. Another option is contacting your own insurance company if you carried collision insurance.
Answer Applies to: Florida
Replied: 2/21/2012
Law Office of Michelle Grasso, P.A. | Michelle Grasso
Many people try to get out of paying for damages by telling you they will pay for everything if you don't report the claim, but then they just put you off and hope you will not pursue anything further. The other party may not have extra money to pay for the damage. I would contact a local attorney immediately and also put a claim in to the insurance company so you can get your vehicle fixed.
Answer Applies to: Florida
Replied: 6/22/2011
Allen Murphy Law | W. Riley Allen
You need to sue her. Then, get a judgment and you can try to take here driver's license for failing to have insurance to pay for your damage.
Answer Applies to: Florida
Replied: 6/22/2011
Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
Assuming the other driver provided the police officer with her insurance information, you should contact that insurance company.
Answer Applies to: Florida
Replied: 6/22/2011
Cary J. Wintroub & Associates | Sheldon J. Aberman
Advise her that if she fails to resolve your property damage claim, you'll file suit against her. If you must file suit, once she is served with the complaint and summons, she will notify her insurance company and request that it defend and indemnify her.
Answer Applies to: Illinois
Replied: 6/22/2011
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Tell her you will be filing a claim in small claims court.
Answer Applies to: Florida
Replied: 6/22/2011
Law Offices of Elliott Zarabi | Elliott Zarabi
You should now sue her!
Answer Applies to: California
Replied: 6/22/2011


































