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The guy that ran into me Thursday, his mother wants to sue me. What is it with everyone wanting to sue me?

Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

biteme said:
If he had told me that, I would have it dropped it. I think it's highly irresponsible though. But the fact that he tried to dupe me, pisses me off. And I want to get my car fixed and maybe he does have insurance and just doesn't want to be responsible. How can I find out if he does have insurance? There's got to be a way. I have his DL number.
1 File the police report and they will ask him. 2. Sue the asshole and take his deposition.
 
Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

HeatherRae said:
1 File the police report and they will ask him. 2. Sue the asshole and take his deposition.

Looks like I'm stuck with just suing him. They won't take a report after 24 hours has passed. How do I go about suing him? Call the Justice of the Peace? I shouldn't need a lawyer to inconvience him and take him to civil court? If he doesn't show, can he be arrested?
 
See if you can sue in small claims court. If that doesn't work, you may have to find an ambulance-chaser and see if he'll work for a percentage of what you win.

Whatever you do, don't say "pay up or i'll call the cops on you". That's extortion and in that case granny is correct -- she could sue you :)
 
Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

mrplunkey said:
See if you can sue in small claims court. If that doesn't work, you may have to find an ambulance-chaser and see if he'll work for a percentage of what you win.

Whatever you do, don't say "pay up or i'll call the cops on you". That's extortion and in that case granny is correct -- she could sue you :)

It's not extortion if someone owes you money. In this case, I'm just trying to get his insurance info.
 
Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

biteme said:
Looks like I'm stuck with just suing him. They won't take a report after 24 hours has passed. How do I go about suing him? Call the Justice of the Peace? I shouldn't need a lawyer to inconvience him and take him to civil court? If he doesn't show, can he be arrested?
In Kentucky small claims was under $2000. I don't know what the limit is in your state. If your damages are over the amount for small claims, then look for a lawyer. They may not want the case, though, if the guy doesn't have insurance and your damages were not very high. No, he doesn't get arrested for not responding to a civil suit. Every jurisdiction gives the defendant time to answer the suit (usually 20-30days). If they don't answer, you can file a motion for default judgment and can win the case just because the other person didn't respond. The tricky part is collecting the judgment in that case. If you get a lawyer, I would try to get it on a contingency basis. They keep about 25-35% of any recovery minus costs, but you won't be out of pocket up front and owe nothing if the lawyer doesn't collect.
 
Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

HeatherRae said:
In Kentucky small claims was under $2000. I don't know what the limit is in your state. If your damages are over the amount for small claims, then look for a lawyer. They may not want the case, though, if the guy doesn't have insurance and your damages were not very high. No, he doesn't get arrested for not responding to a civil suit. Every jurisdiction gives the defendant time to answer the suit (usually 20-30days). If they don't answer, you can file a motion for default judgment and can win the case just because the other person didn't respond. The tricky part is collecting the judgment in that case. If you get a lawyer, I would try to get it on a contingency basis. They keep about 25-35% of any recovery minus costs, but you won't be out of pocket up front and owe nothing if the lawyer doesn't collect.

Thanks Heather. Even if I get nothing, I want it to be on the mans record that he was sued successfully. People should not get away with the crap that he pulled.
 
Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

biteme said:
Thanks Heather. Even if I get nothing, I want it to be on the mans record that he was sued successfully. People should not get away with the crap that he pulled.

Sorry to hear about your misfortune Biteme. Also, don't call his house anymore else that old bat could have grounds to file phone harassment charges on you.
 
Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

2dagym said:
Sorry to hear about your misfortune Biteme. Also, don't call his house anymore else that old bat could have grounds to file phone harassment charges on you.

Wouldn't be a first. LMAO. People are crazy. When someone files a phony charge against you and it can be proven, that person should have to spend a littlle time behind bars.
 
Re: The guy that ran into me Thursday, his mother wants to sue me. What is it with ev

Since this was a non injury accident the police wil not be much help. An attorney is not going to take your case either. Since there is no injury there won't be any money in it for them.

If you have full coverage on your vehicle you should call your insurance company. Depending on what information you have on the guy they have certain ways to find out who he is insured with. If you have them fix your vehicle (you will likely pay your deductible) they will go after this guy to collect back what they spent out to fix your vehicle.

If you don't want to use your insurance, you have to sue him in small claims court. It sounds like there was not too much damage to your vehicle so the amount you would end up suing for will be okay for small claims court. If you use a search engine like Yahoo you should be able to type in small claims and the city you leave and you can find out how to file. I tried that for my city and there was a link to the Justice Center and instructions on how to file.

Also, you should check the DMV website for your state. Most states require you to file a SR1 when your in an accident that shows you have valid insurance. If you file one and include his information on it, along with yours, the DMV will expect one from him. If they do not get one from him they will suspend his license.
 
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