[tracerit]

Long story short, i got rear ended, other guy doesn't have insurance, my insurance appraised damage at $500 while three other shops i chose said $800. i would like the $800 check written to me but the bodyshops won't fight it unless i perform work at their shop. i'd rather have the check myself since i mgiht be selling the car in a few months.

at this point i'm disappointed in my insurance cheaping out on the appraisal and would like to exclude them from this. the other guy has been smug and i want to make sure he pays for this and take him off the streets (he's driving with an expired license of 2 years).

is it worth to take this guy to small claims court for $800-1000? i looked up on google and the filing fee is cheap at $30 for <$1500 claims and i have the time, although only on mondays and tuesdays (i work all day wed-thu-fri).

[sleepyx637]

for the betterment of the driving community -- do it! also, did you report him to the cops? maybe you can get his car impounded.

however, note that your insurance policy most likely contains a subrogation clause, whereby your insurer pays you and then steps into your shoes with respect to any claim against the the person at fault. even if you wanted to take him to small claims court, you might not be able to do so under your insurance policy. best to check your policy and with your insurer first.

[tracerit]

we didn't file a police report at the time of the accident since i was trying to be nice (not anymore!). i called to see if i could file one two weeks after the accident but the person i spoke with said if no one was injured, it wasn't neccessary. but i didn't mention he has an expired drivers license though.

[sleepyx637]

Originally Posted by tracerit

we didn't file a police report at the time of the accident since i was trying to be nice (not anymore!). i called to see if i could file one two weeks after the accident but the person i spoke with said if no one was injured, it wasn't neccessary. but i didn't mention he has an expired drivers license though.

notwithstanding the expired driver's license, i believe it's illegal to drive without insurance (in california anyway)

[UncleWede]

IF you made an un/under-insured claim with YOUR policy, you can only take him to small claims for any deductible you might have to pay on your claim.

Like you, I tried to be nice. The guy gave me false info and ended up in jail (unrelated) I filed the claim with my insurance, paid the $500, and wrote it off as too much hassle for someone who was in jail.

Any time in the future, if there is a collision, I'm calling the po-po to make a report. If they lie to them, it's a much bigger deal than lying to me.

[tracerit]

just got off the phone with the insurance company, i'm just going to accept their $505 check from using the uninsured motorist claim coverage (i pay nothing) and get a stock used rear bumper. i'm also reporting this guy for driving with an expired license (most likely rectified by now).

i agree, no more mr nice guy.

[persian54]

Every time I've been rear-ended, the person usually has cash on them and just pays me off

Mainly cause no damage was done to my car... but I could still easily file a claim.

Last time, this guy in a old old Civic tapped my rear bumper on my 335, made a small dent
I was lemoning so I didn't care for a new bumper... so I assumed the fix would be cheap
But he said he didn't have time to give me his insurance info etc... I was like "no way. I'm calling the police"
Then he took out his backpack, handed me $1000 in cash, and said if it's enough.

I said "Have a good day"

Similar thing happened a few years ago, except this time no damage on the Caddy and he gave me $500.

Done.

If I was in your position. I would have filed a police report unless paid in cash on the spot.

But at least you got your check!

[tracerit]

Originally Posted by persian54

Every time I've been rear-ended, the person usually has cash on them and just pays me off

Mainly cause no damage was done to my car... but I could still easily file a claim.

Last time, this guy in a old old Civic tapped my rear bumper on my 335, made a small dent
I was lemoning so I didn't care for a new bumper... so I assumed the fix would be cheap
But he said he didn't have time to give me his insurance info etc... I was like "no way. I'm calling the police"
Then he took out his backpack, handed me $1000 in cash, and said if it's enough.

I said "Have a good day"

Similar thing happened a few years ago, except this time no damage on the Caddy and he gave me $500.

Done.

If I was in your position. I would have filed a police report unless paid in cash on the spot.

But at least you got your check!

yeah it seems like if the damage to only the bumper it's going to be around or under $1000. for some, that's their deductible anyways. in my case, instead of saying "here's $1000" he said "here's $100" LOL

[sleepyx637]

Originally Posted by tracerit

yeah it seems like if the damage to only the bumper it's going to be around or under $1000. for some, that's their deductible anyways. in my case, instead of saying "here's $1000" he said "here's $100" LOL

shit, at least yours had 2 zeros on the end. i got rear ended while driving a lexus ls400 (about 8 years old when i got hit, but still wouldve been expensive to fix). the guy didnt crack the bumper or anything, but did leave a couple scuff/small dent marks. he tried to offer me $20! even the bike cops that witnessed the accident were laughing when he offered that.