by edwin_clvj91 » Tue Jun 08, 2010 11:24 pm
I was going on the highway and I was slowing down to exit and then the car in front of me stop completely and I did too but had time to stop and the guy behind me was to closed that he didnt had enought time to stop and hit my car from the back. He gave me his insurance and told me to call them I did and reported a claim but the claim was denied. The insurance company said he didn't have insurance that is has been expire for 2 months. I called the guy back and told him what happen, he said he was surpriced and didnt know his insurance was expire. Then I went to see how much it would cost to fix the car but the shops I went they said the car was tool. The fix was going to cost more than the car value. I told the guy the price because he said he would pay it from his pocket. But whenever I told him the priced he said it was too much and didnt know that the damaged was big. Then he said he really didnt have the money to pay me and that wanted to help but he didnt have the money. He said he could pay me 100 dolarrs every 2 months. So i was upset there no way I could fix my car soon if we didi this deal. this happen more than a week trying to figure out what to do and I dont know what to do except to sued him. But what if he really doesnt have the money? I just want my car fix and I think he is taking advantage of me because he lied and then because I am 18 years old.
Posted: Wed Jun 09, 2010 04:19 am Post Subject:
But whenever I told him the priced he said it was too much and didnt know that the damaged was big.
Happens _every_ time. 1) He knew his insurance was expired and he just did not care to pay to get it reinstated. 2) of course he is not going to pay any amount you come up with... if he had the money _he would have paid his premium_.I recommend calling the police and filing a police report. Point out to them that this person did not have insurance yet gave you a card any way. If they won't take a report, you need to move up the chain of command. I don't know if they can give him a citation for no proof of insurance but perhaps they will.
Your state probably allows you to have this person's drivers licenses suspended until he pays the debt. I'd check into this. This is where the police report is going to help.
I'd not accept any payment unless it's the full amount. If you are willing to take less and.or close to what is owed, this is up to you.
Trust me... he is _NOT_ (read that again)... NOT going to pay you $100 every two weeks. It's NOT going to happen!
But what if he really doesnt have the money?
Then he should not have been driving. You are not responsible for other peoples poor choices. If you don't hold them accountable, they will never learn.Posted: Wed Jun 09, 2010 01:06 pm Post Subject:
OP, I'm assuming you do not have collision coverage on your own vehicle? If my assumption is incorrect, and you do have collision coverage, (or UMPD) you can turn in the claim to your carrier, they will handle your damages (less your deductible) then they will pursue this jerk...
As T pointed out, you may be able to file a state report yourself, and get his license/plates, and a fine assessed until he pays...Check with your states Dept of Ins website, as well as your states DMV you should be able to get the information there.
Another course of action is to file a small claims action, get a judgement, then attempt to collect on the judgement. Most jurisdictions allow garnishments, if he can pay 50 bucks a month he probably has a job. He also probably has the 'some' money, he just didn't want to spend it on premium or to pay you.
Let us know the state this occured in..The yr/make/model/mileage of your vehicle and the estimate of repair amount, and we'll see if we can give you a little more help.
Posted: Wed Jun 09, 2010 03:46 pm Post Subject: Thanks
I talked to the guy again and I told him that I was being patient and wanted to take this problem in a peaceful way but he wasnt helping. I told him that he had to pay for my damaged of the car full cover or give me the money so i could buy me a car. I drive a Honda civic year 1999 and it is black and it has 192832 kilometers and I live in Texas. To fix it it will cost around 5,000 to 7,000 dollars. More what the car value is. And I said I needed my car fix asap because I work and I need some type of transportation and because I will be going to college in 2 months and I need my car for transportation. I told the guy if he wasnt going to give me the money then I was going to go with the poilice and the the court. He said not to go to the court and he was going to find a way to fix this. My mom talked to the guy too and she gave him until Friday to see where I could take the car to fix it or we were going to the court.
So thast was our next step we went being strcit with they guy. Thank tcope I will not accept any money only if it is the full amount and I do understand and he has to be responsible. Lori thank you again for your help. And now I guess I have to wait until Friday and see what the guy says again and I will keep yall updated of everything. And if yall can help me a little more I will appreciated.
Posted: Wed Jun 09, 2010 03:48 pm Post Subject: Thanks
Thank you guys and I replied on the page already!!!
Posted: Wed Jun 09, 2010 06:23 pm Post Subject:
My mom talked to the guy too and she gave him until Friday to see where I could take the car to fix it or we were going to the court.
That gives a few days to skip town or think up of a few more ways to get out of not paying you a dime. In the meantime it's getting more and more difficult to support your version of the accident. Time is on the other person's side.A person who does not pay $100/month for insurance so that they can drive legally is going to pay you the value of your vehicle? I guess there is a first time for everything.
Posted: Wed Jun 09, 2010 10:24 pm Post Subject:
Edwin, it depends 'which' 99 civic you have..2dr/3door hatchback or 4dr? Which package? DX, EX, HX, VALUE, CX, LX, or Si? This all matters (re: the ACV of your vehicle). Anywhere (depending on package), $4-6200.00, so the guy may only owe you 3500.00 or so...
I'm with Tcope too, the chances of this guy paying are slim to none. If by chance he is the one out of a thousand, that comes to your house with the money on friday...do NOT sign a release for him unless he hands you cash.
Again...no collision coverage on your vehicle?
Posted: Wed Jun 09, 2010 11:43 pm Post Subject:
I'm with Tcope too, the chances of this guy paying are slim to none.
I left slim at the bar.Posted: Thu Jun 10, 2010 10:00 am Post Subject:
I left slim at the bar.
Shorty will give him a ride :wink:Add your comment