What can I do if someone has not paid car accident damages? 44 Answers as of October 25, 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 ?

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Jones, Boykin, & Associates, P.C.
Jones, 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, 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.
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.
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, 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
    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
    Wilson & Hajek, LLC | Eddie W. Wilson
    Call her insurance company.
    Answer Applies to: Virginia
    Replied: 6/23/2011
    Law Offices of Earl K. Straight
    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
    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
    Matthew D Kaplan LLC
    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
    Kelaher Law Offices, P.A.
    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
    Law Offices of Steven R. Kuhn & Associates
    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
    Martinson & Beason, PC | Elizabeth Beason Moore
    You should contact her insurance company and get them involved.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Make a claim against her insurance immediately.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Bernard Huff, Attorney/Mediator
    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
    Paul Whitfield and Associates P.A.
    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, LLC
    E. Ray Critchett, LLC | 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.
    Answer Applies to: Ohio
    Replied: 10/25/2012
    Law Offices of Andrew D. Myers
    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
    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
    LT Pepper Law
    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 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.
    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
    David F. Stoddard
    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
    Law Office of Mark J. Leonardo
    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 Hoines Law
    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
    Ewusiak & Roberts, P.A.
    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
    Allen Murphy Law
    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 Office of Russell D. Gray, PC
    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.
    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
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