Guy won't pay up from Car Accident - Advice requested

Pookymeister

Pookymeister

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Ok - heres the deal. My gf got hit driving home one night by a guy pulling out of a parking lot into a main street. He hit her on the side of her car, by the rear tire.
He asked that they not involve insurance, and that he would pay her the damages, gave her his number, address, and all that jazz. He gave her a mechanic to use because it was one he trusted.
She got the estimate and it was $800. He promised to have it paid by Xmas, which was about 2-3 months after it happened.
She hasnt seen a cent yet. He basically ignored her calls leading up to christmas. Finally, he picked up the phone after and had some story about injuring his eye while on a contracting job and that he would pay money every week of January.
Again, thus far, no money. Since that conversation, he has not answered or picked up any calls.
I'm wondering if anyone has experience in this type of thing, or knows if there is any legal recourse. No police report was filed, so i don't think she has any recourse in that vein. Thanks.
 
[quote name='Pookymeister1234']Ok - heres the deal. My gf got hit driving home one night by a guy pulling out of a parking lot into a main street. He hit her on the side of her car, by the rear tire.
He asked that they not involve insurance, and that he would pay her the damages, gave her his number, address, and all that jazz. He gave her a mechanic to use because it was one he trusted.
She got the estimate and it was $800. He promised to have it paid by Xmas, which was about 2-3 months after it happened.
She hasnt seen a cent yet. He basically ignored her calls leading up to christmas. Finally, he picked up the phone after and had some story about injuring his eye while on a contracting job and that he would pay money every week of January.
Again, thus far, no money. Since that conversation, he has not answered or picked up any calls.
I'm wondering if anyone has experience in this type of thing, or knows if there is any legal recourse. No police report was filed, so i don't think she has any recourse in that vein. Thanks.[/QUOTE]

you and your gf are fucked.

no police report kills the deal. contact a lawyer at this point.
 
Yeah, that was dumb as hell to not get a police report. One time I barely tapped the rear bumper of a van, and we didn't bother to get a police report. I was willing to pay to fix the tiny scratches of paint on her old '80s van's bumper (my license plate screws barely made contact), but then a few days later she said the estimate was like $400, so I just blew it off, stopped answering her calls and didn't pay the greedy bitch. And she couldn't do anything about it since there was no police report.

So basically, your only hope is calling and calling and annoying him to death until he pays to shut you up, or, hire a lawyer. Next time get a police report.
 
Holy shit, people don't get reports when accidents involved? The first things I would have done was contact his insurance, taken pictures of the accident.

Basically, its her word against his.
 
Live and Learn.

Next time get a police report, and dont sweat it is about the best you can do at this point. Sure you could annoy the hell out of him, but for all you know he's a rapist. Just move on at this point. Sorry to hear about that though.
 
It was more of a request of what to do now , than a request of what should have been done.
I wouldve filed a report if i had been there - but she was trying to be nice since the guy seemed nice. He was in a new truck and his address was from a nice townhouse rental dev., so didn't seem like he would skimp out on the deal.
 
You made his day by not involving the police/insurance companies. That's everyone who's at faults' dream come true. I'm not too sure you can do anything about it now because it's strictly your/hers word against his. Maybe the only thing you can do (and not that I'd do this) is report it as a hit and run that happened recently. I've heard people say that works quite often. Then again, that all would depend on how fresh the damage looks. It would also depend on how crooked you are and how willing you are to lie to the police & your insurance company. Lying to you isn't hard for them, so why should vice versa? Good luck on whatever your decision may be.
 
[quote name='alonzomourning23']With hit and runs you still need to pay the deductable I think.[/QUOTE]

Yeah, I think so too. But my deductable is high at $500, which is still less than $800. I know that one thing you would have to be careful of (and as said, I'm not recommended you do anything illegal :lol: ), is when you report the hit and run...make sure you don't report it in a parking lot or wherever that has security cameras.
 
[quote name='Pookymeister1234']It was more of a request of what to do now[/QUOTE]

I'd say just show up at his house with some muscle and demand the money. Of course don't make any threats or violent actions, but it will more then likely scare him into giving you something.
 
No recourse can be taken at this point. Legally, it cannot be proven that he hit her, so you can't take any legal action. Keep pestering him until he feels guilty/gets annoyed, and pays up. Or, if you are a big fella, go pay him a visit.
 
Talk to a lawyer to see what your options are, maybe if he finds out you went to a lawyer it will let him know that your serious about pursuing him for the money.
 
[quote name='The Successful Dropout']Yeah, I think so too. But my deductable is high at $500, which is still less than $800. I know that one thing you would have to be careful of (and as said, I'm not recommended you do anything illegal :lol: ), is when you report the hit and run...make sure you don't report it in a parking lot or wherever that has security cameras.[/QUOTE]

I had my door smashed one day after coming out of whole foods. I have a 500 deductable too so I didn't report it. Maybe I should have asked the store to check their security camera to see if they could see anything.

I have 4 large dents on my car and I only caused 1 (and I had only had a license for a few months at that time). The others just appeared.
 
If this guy didn't want Cops, I wouldn't go to a Laywer.

This sort of thing happened to me a long time ago. If you have his address, you can get your money. I'm betting that if he didn't want to file a police report for the accident, he probably won't want to call the police if you mildly threaten/harass him.

When I was younger, a guy hit my car, said "I'll pay you half ($300) next week, and half two weeks after that. The 2nd payment never came, so my mom's then-boyfriend (I was only 17ish at the time) called. I didn't hear the conversation, but 5 minutes later he promised me I'd see that check by the next week....lo and behold, it came in the mail.

I'd definitely say if you know his address and his car, he'll comply with your honest demands of financial reimbursement. If a phone call doesn't work, a few notes on his car will surely get his attention. I wouldn't suggest confronting him at his home face-to-face, though, unless you like that sort of thing...
 
Stuff like this makes me hate the American public even more. What a sleazeball. If I ran this country he would be tortured and then executed.

I was only in one accident. Old lady rear-ended me because she wasn't paying attention (stop and go traffic during rush hour). The first thing she said when the cop asked her what happened was "he stopped suddenly which made me hit him". Not half as bad as your situation but I still wanted to punch her in the face repeatedly. Luckily the cop was smart enough to know she was a fucktard and her insurance company had to pay for everything.
 
Well, got a knock the door today from the mailman (live in an apt. complex) who gave us our mail and a letter that was attempted to be pushed into our mailbox(one you open with a key).

It was a $200 check from the guy. The envelope wasn't sealed, but had my gf's name and address on it. I guess he couldn't afford a stamp. Another was that the check was filled out completely, except for her name. So really, anyone couldv'e walked by the mailbox and gotten $200. Thought that was pretty dumb of him, but as long as the check doesn't bounce, I won't complain....as long as there are 3 more checks on the way, of course.
 
I had some fucker hit my car one day when I was working. Totally destroyed my front end. He did about $3,000 worth of damages, thankfully three witnesses saw the asshat hit my car, and had his rear wheel caught on my front bumper for a second, and sped off. They got his plate and everything. One quick phone call to my Step-dad, who is a cop, and got his plates ran right there. O W N E D. Also, my Mom works for the insurance company so I had no worries about getting my car fixed.
 
It sounds like this guy is in a bad situation financially, I don't think he is trying to screw you, so much as he is trying to get as much to you as possible at a time.

Sometimes I'm naive, but I hope your girlfriend gets the rest of her payments.

Even if it wasn't the most effective way to handle an accident, I think it says a lot about your girlfriend's character that she would look out for the person who hit her car.
 
Our advice is several months to late.......


Would you lend a total stranger $1000? If your answer is no then ALWAYS call the cops.




[quote name='dental_regurgitation']

Even if it wasn't the most effective way to handle an accident, I think it says a lot about your girlfriend's character that she would look out for the person who hit her car.[/QUOTE]


Yes she is a sucker waiting to be screwed over. :roll:
 
I was going to mention that if he still had damage on his car, then you can always say it was hit and run and you happened to catch his license plate number as he sped off. Sure, you'd be lying, but you can tell him that to scare him into giving you the rest of the money. He'd be gambling that you wouldn't report it that way.
 
There are two good ways to scare the guy without being called harassment:

1) A nice scary letter from a lawer, you can probably offer a new lawfirm $50 to write and send a letter stating your thinking about suing (you can sue for anything).

2) I would do this one: Call your insurance, let them know what happened and that the guy said that he would pay out of pocket. Your insurance company should be willing to send the bill to the guy directly. A guy told my wife he would pay out of pocket once and her insurance company took care of that for us.

As has been said, always get a police report. I was in an accident three years ago and I had the cop on the phone before I took my seat belt off. Turns out the other guy didn't have a licence on him so he would have probably tried to talk me out of it.

T
 
[quote name='Pookymeister1234']Ok - heres the deal. My gf got hit driving home one night by a guy pulling out of a parking lot into a main street. He hit her on the side of her car, by the rear tire.
He asked that they not involve insurance, and that he would pay her the damages, gave her his number, address, and all that jazz. He gave her a mechanic to use because it was one he trusted.
She got the estimate and it was $800. He promised to have it paid by Xmas, which was about 2-3 months after it happened.
She hasnt seen a cent yet. He basically ignored her calls leading up to christmas. Finally, he picked up the phone after and had some story about injuring his eye while on a contracting job and that he would pay money every week of January.
Again, thus far, no money. Since that conversation, he has not answered or picked up any calls.
I'm wondering if anyone has experience in this type of thing, or knows if there is any legal recourse. No police report was filed, so i don't think she has any recourse in that vein. Thanks.[/QUOTE]


your shit out of luck... no police record there is nothing they can do about it.. you can try to sue them but your just wasting your money cause its your word against theirs ..


any calling the cops doesnt end what you have to do.... i got into 3 wrecks in a year GO GET A REPORT AFTER YOU CALL THE COPS

Wreck 1 old women ran a red light the SOB didnt even have insurance and hit me head on.... i hit my head on the windshead and crack the fuck out of my hand. after 6 months my insurance paid it (called the cops and fire deparment)

wreck 2.. man playing with his radio slammed into the back of my car ( called the cops

wreck 3 some1 hit me while backing out of their driveway... cops called but i didnt have time to get the police report.. their insurance dude calls me up and says it was my fault and offered 50% off the bill.... the idoits down at the police station couldnt find the statements (Since it was like 4 months) and since i didnt have a copy of the police report i couldnt prove it was the other persons fault

so instead of getting 1,000 i got 500 bucks Total BS

Long story short

ALWAYS CALL THE COPS
ALWAYS GO DOWN AND GET A REPORT Of the FILE
 
you're lucky you got the $200...but that's probably all you'll get. gotta get that info right away. I hate small accidents cause I'm always the guy who drags it out by exchanging insurance/calling the cops, but it's the only way to go.
 
[quote name='Apossum']you're lucky you got the $200...but that's probably all you'll get. gotta get that info right away. I hate small accidents cause I'm always the guy who drags it out by exchanging insurance/calling the cops, but it's the only way to go.[/QUOTE]

I'd make a nice copy of that check so you can prove that he thougth it was his fault enough to start paying you.
 
Wreck 1 old women ran a red light the SOB didnt even have insurance and hit me head on.... i hit my head on the windshead and crack the out of my hand. after 6 months my insurance paid it (called the cops and fire deparment)
Click to expand...

Could be worse, at least they didn't give you a ticket for not wearing a seatbelt. I assume that's why you hit the windshield.
 
Sorry this is kinda off the subject of your troubles but I swear to god car insurance is the biggest legal scam in the USA.

Everything about it is just plain shady as hell. Under 25? Be prepared to by twice the amount because they assume you will just fly off the road. Where you lucky enough to be born in the bad side of town? Great that is an additional 40-60 bucks. I fucking dads a cop for christ sake.......hard to break the law when your parent knows every one of them.

This is just one of the things that piss me off about america......instead of charging kids/parents(if the kid is that lucky...i am not) an arm and a leg because the rest of the nation cant drive...why dont you stop paying fucking gym teacher to teach drivers ed?

I dont know about you but my drivers ed was a joke...we just played around they entire time and my teachers (segment 1 at school, segment 2 at random city place) just basicaly showed videos of crap. The only reason i know how to drive extremely well is the fact that my dads a cop and he refused to let me on the road unless i knew how to drive in every weather condition on the planet. Stop half assing everything america...teach these kids to drive.


Also.....i went home today and asked my dad what you could do about it.....sorry to say you are screwed with no grease. The only thing you could do is try fileing a small claims lawsuit towards him.....but 99% of the time you will lose not only the case...but the money it cost to file a small claims in the first place.
 
[quote name='dental_regurgitation']
I think it says a lot about your girlfriend's character that she would look out for the person who hit her car.[/QUOTE]

I think your girlfriend is going to learn a lot of hard lessons in life. Sorry.
 
[quote name='Pookymeister1234']Well, got a knock the door today from the mailman (live in an apt. complex) who gave us our mail and a letter that was attempted to be pushed into our mailbox(one you open with a key).

It was a $200 check from the guy. The envelope wasn't sealed, but had my gf's name and address on it. I guess he couldn't afford a stamp. Another was that the check was filled out completely, except for her name. So really, anyone couldv'e walked by the mailbox and gotten $200. Thought that was pretty dumb of him, but as long as the check doesn't bounce, I won't complain....as long as there are 3 more checks on the way, of course.[/QUOTE]

No stamp and probably no return address? Do you already have his address? If not, call information and get it (you said you had his phone #, right?).


[quote name='umcthomas']I'd make a nice copy of that check so you can prove that he thougth it was his fault enough to start paying you.[/QUOTE]

A very good idea, especially if he made a comment on the memo line for what the check was for. This is essentially an admission of guilt and, although it may not help w/the police, would probably help w/an insurance claim. Actually, the check most likely provides his address so that solves the previous problem.:dunce:

I hope this works out for your girlfriend.
 
Turn it into your insurance. You'll have to pay your deductable but if you give them the guy's information, they'll investigate and probably go after him and/or his insurance company. If they can get the money out of him then it will be a non-chargable accident in which case you will get your deductable back and it won't affect your premium.
 
I'm always amazed people agree to things like this, if people are worried about their insurance going up do you really think they've got $800 laying around to fix your car with?
 
[quote name='zionoverfire']I'm always amazed people agree to things like this, if people are worried about their insurance going up do you really think they've got $800 laying around to fix your car with?[/QUOTE]

That's why, unless the other person gives me cash on the spot, or I know them otherwise, I would always turn in my claim to my insurance company and let them go after the person.
 
[quote name='zionoverfire']I'm always amazed people agree to things like this, if people are worried about their insurance going up do you really think they've got $800 laying around to fix your car with?[/QUOTE]



Preach on brother!
 
[quote name='RedvsBlue']That's why, unless the other person gives me cash on the spot, [/QUOTE]
Still a bad idea. There's no way to tell how much damage has been done without taking your car somewhere first.
 
ALWAYS ALWAYS ALWAYS get the police involved. He probably did not want to get the insurance involved cause he either did not have it or he did not want the cops to come cause he has warrants. My mom lightly hit a car and put a small crack in a brake light on a ladies car. The estimate was $350, and I knew that $8 at autozone to get a new brake light cover would take care of it. The hit was so light I could flick you and it would hurt more. However my mom told the lady when she tapped her that she would just give her $50 to fix it she said no and got insurance and the police involved which is a good idea IMO. I do think if you gf tried to get police involved she might of got hurt or the guy would of left the scene.
 
[quote name='Xevious']I think your girlfriend is going to learn a lot of hard lessons in life. Sorry.[/QUOTE]

Well, when it happened it was raining and nighttime, and the damage really didn't look that bad. Didn't think it would be more than a few hundred. Even if an accident is 100% not your fault, it still counts as an accident and doesn't help you out with your own insurance premiums.
 
[quote name='Pookymeister1234']Well, when it happened it was raining and nighttime, and the damage really didn't look that bad. Didn't think it would be more than a few hundred. Even if an accident is 100% not your fault, it still counts as an accident and doesn't help you out with your own insurance premiums.[/QUOTE]


Wrong. Your insurane company will not raise your premiums for a non-chargable accident (one that isn't your fault).
 
[quote name='Pookymeister1234']Well, when it happened it was raining and nighttime, and the damage really didn't look that bad. Didn't think it would be more than a few hundred. Even if an accident is 100% not your fault, it still counts as an accident and doesn't help you out with your own insurance premiums.[/QUOTE]

You've got to realize that just getting a car into a mechanic in most cities is going to cost at least $500. There is a point when damage is superficial and it's better to just let it go or when your insurance premium is high enough that it isn't worth a hit to the premiums but in both those cases you need to be aware that by not involving insurance you run the serious risk of not getting anything.
 
One time, I was traveling straight along a street when a car trying to make a left turn hit me. It was at an intersection, where the car making a left has to yield to oncoming traffic before making the turn.

Anyways, after I got hit and called the cops to the scene, the cops actually suggested that I not file a police report. That was an absolutely insane comment to make. I said no freaking way, I wanted one taken...I guess she did not want to do it. Well the estimate was for almost $3000. The car was fixed but I am still waiting for the settlement from the other person's insurance company. The lawyer said that I would not have a case without the police report.

Lesson? Always get a police report.
 
There's a reason you pay for insurance. As much as you want to pity the guy because he's gonna get screwed on insurance, it has to be done. Call the police, get a report, and do the paperwork. Don't buckle under the other person's insurance either, as they'll call for your side of the story. Give them the facts and never give them a reason to try to pin it on you, because they try like Hell.

And for the love of everything good, remember to never claim fault - even if it IS your fault. A couple of years ago, my g/f and I were driving in Huntington, WV and we came out of a tunnel into a two lane road with the far lane jammed with traffic (which happened to be where we were going too). A semi slowed down and flashed his lights giving us the go ahead, and then a car flew around the corner and hit us. It dented her bumper and busted his rear light. Being the sweetheart she is, she was concerned about the guy who was a tall, lanky, white, thuggish guy who dropped the f-bomb constantly. She made the mistake of saying "it's my fault," they exchanged insurance info, and it was settled. Two years later, we found out he was paid $1800 for the busted tail light.

I've learned after that and my own accidents that if it's not some minor scratch that doesn't really matter, then always get a police report and always contact the insurance agency. And don't claim fault if it really is your own. Let the police decide that (they may call it no-fault). And if it isn't your fault, then stress the point!
 
You should always get a police report even in minor accidents. Who knows if down the line the other person will sue you for injuies related to the accident or for the car damages not directly related to the accident? Never hurts to have something on file and in writing.
 
Always get a police report and notify your insurance, no if, ands or buts about it.. If not you will just go through the hassle you are going through now,,, This is called a life lesson, learn from it..
 
[quote name='Pookymeister1234']Well, when it happened it was raining and nighttime, and the damage really didn't look that bad. Didn't think it would be more than a few hundred. Even if an accident is 100% not your fault, it still counts as an accident and doesn't help you out with your own insurance premiums.[/QUOTE]


100% WRONG......as long as they are not your fault( ie,, the other driver gets the ticket) and as long as you run the claims through the other drivers insurance, nothing will happen to your insurance rates. You will still want to notify your insurance agent but as long as you are not filing any claims through your insurance, you will not see any increase in you insurance prem, but if you end up with the ticket or file any claims through your insurance, then thats when you will feel the effects

// relatives work for both State Farm and AllState..
 
I got hit in the back at a stop sign one day.

Luckily I was driving my dads van with a trailer tow on the back. The guys bumper had a big ass hole on it and the car never touched the van.
 
[quote name='alonzomourning23']With hit and runs you still need to pay the deductable I think.[/QUOTE]

Depends on the state and then even on the insurance company...

If its broad form NO deductible..

Some companies also waive the deductible if its hit and run under Comprehensive..
 
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