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person at fault refuses to pay for damage done to me

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Old Jan 28, 2005
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person at fault refuses to pay for damage done to me

on janurary 25th, this guy in his suv ran into my lane and side swiped me. he was at fault 100% and agreed to it when we talked to the officer. no police report was made because he agreed to pay the bill estimate and i thought it wasnt needed since it was just minor damage (fender bender, dents, scratching). so i find 2 shops, first was a high end shop and 2nd was another shop that tried to gyp me. so i show him the estimates and let him choose out of the 2. i also typed out a contract stating he was at fault and WILL pay for the damage done to my car. he signs that and we both have the copes. so i show him the estimate bills and he says hes not gonna pay for it cause its too high and he wants me to take my car to his buddies shop to get it repaired. now get this, the car this man was driving wasnt his and he isnt insured for it. so now i dont know what to do... someone give me some advice please

i called the officer that was at the scene and left him a voicemail saying this guy doesnt want to pay anymore and im gonna goto the insurance company first thing tomorrow. but i dont know wheather i should report the accident to DMV or let my insurance do it?
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Old Jan 28, 2005
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Go down to the station, and ask if the cop is willing to call the guy that hit you.
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Old Jan 28, 2005
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what would the cop that was at the scene tell him though? i know for sure he has my back 100% is this guy trys to avoid paying for the bill with or without insurance. but any other input, feedback, advice would be appriceative
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Old Jan 29, 2005
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had the same prob i ended up sueing the dude for what seem to be a cheap repair from my friends body shop ($500 that should have been $1500) my uncle is a lawyer so i lucked out of payin for a lawyer. I told that if he didn't pay i would sue and he didn't so he ended up paying $7500 for my lawyer(my uncle ) and repair. so i came up $7000 rich but all gone now do to college loans and one more thing cops didn't do a fvckin thing so screw them

Last edited by GSR_Tech; Jan 29, 2005 at 02:21 AM.
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Old Jan 29, 2005
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take him to civil court since you both have copies of the agreement that he signed... thats a written contract basically and holds him liable for your damages stating that he agreed to pay them. You either have two choices... Find an attorney and take him to civil court or contact your insurance company(but i am not sure they will handle it without an accident report, and i dont think the police dept. will come back out to file one since this happened awhile back.

Injen
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Old Jan 29, 2005
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i talked to few ppl and they told me to file it to small claims court, dunno if thats same as civil court? but do i need an attorney or lawyer for small claims court? should i contact my insurance company and let them know im taking him to court? my car currently doesn't have a driver side mirror and thats a safe hazard, what should i do abot that? i really need my car repaired cause its real hard driving without drivers mirror.

thanks
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Old Jan 29, 2005
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ya small claims is just another name for civil court...

Injen
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Old Jan 29, 2005
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10-8, civil.
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Old Jan 29, 2005
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since it hasnt been 10 days or so from the day of the accident, i took it with my insurance company because this guy will never answer my calls, call back after me leaving messages, nothing. pretty much trying to avoid me?
well i filed a claim against him with AAA (my insurance which im fully covered). i even mailed them the contract we both signed.

i have a question regarding the man whom was at fault:
the suv that he was driving wasnt his, it was his friends and the car was insured, but he wasnt insured for it. what will happen to this guy? (get license taken away?, friends insurance rates will go up?, pay a fine?, etc)

and should i file a report to DMV or will my insurance co take care of the rest?
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Old Feb 1, 2005
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just take him to court honestly you have a signed paper see if you can get the officer to type and sign what he saw ect you will win.
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Old Feb 1, 2005
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if you didnt fill a police report then you are kinda screwd. Good luck man.
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Old Feb 1, 2005
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i took it thru insurance. but i do want my deductable back which is $500. they have to first find out the owner the vehicle that hit me and talk to that guy about the situation. i just hope someone from that party admits at fault so i can get my deductable back

but i did sent the contract to my insurance claim which states hes at fault and takes 100% responsiblity
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