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Old 05-20-2002, 06:04 PM
smallfrie_96
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auto accident, other party w/o insurance


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While I was parked with my vehicle shut off, another party backed into me. I had a descent amount of damage. Well, the other party does not have auto insurance. I spoke with them and they said they are willing to pay the damages. I dont know where to go from here. A police report was done and I have a couple estimates. I have to meet with the other party again to discuss payment arangements, and i would like to draw up some sort of contract to have them sign. What all do I need to do to make everything legal so I am covered and will get my money. Please help... thank you!!!
  #2  
Old 05-20-2002, 06:33 PM
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Join Date: Jan 2001
Posts: 12,075
What is your insurance doing for you?
  #3  
Old 05-20-2002, 06:47 PM
smallfrie_96
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My insurance company said that they would have to pay the deductable and if they dont we would be out of that money. They would cover everything after the deductable but that doesnt leave us very much money to fix it. They told me to talk to the other party to see if they will pay, if not we can file a claim and get a portion, but, then i am still sitting with trying to get the dectuable amount. I have full coverage , but , because they dont have insurance, either they pay the deductable, or we eat it, or we could bring them to court and have them pay the deductable plus court costs.
  #4  
Old 05-20-2002, 07:19 PM
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Your best bet would be to simply have them sign a 'promissory note', setting the amount to pay and a payment date or schedule. Then, have all parties sign it. If they don't pay as agreed, then you will have to consider taking further legal action.

So, here are things you want to make sure you do:
1) Include ALL costs (rental car during repair, taxes, etc.).
2) Make copy of the other parties drivers license, SS number, phone, next of kin, home address, etc. (anything that you can use to 'skip trace' them in the event of breach).
3) Be sure your agreement includes some provision for the other party to pay ALL legal expenses, including attorney fees, in the event of breach.
4) Be sure to include some substantial interest rate... to be charged in the event of breach, from the date of breach until paid.
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Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 05-20-2002, 07:35 PM
smallfrie_96
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thank you for the advice. Do you think i would need a witnees upon signing or get it notorized or anything?? also, I am not exactly sure how to write a promissory note, do you know of any websites to help me along with that? once again...thanks!
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