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Originally Posted by rmaz What is the name of your state?What is the name of your state? TEXAS
I was rear ended and the guy decided to run instead of stopping. I was able to chase him call 911 and get his lic plate but then gave up on the chase as he was driving too dangerously and I did not want to hurt someone else in the process of me chasing him. Turns out of course he has no insurance. I do not want to pay my deductible for non insured and would rather make this guy pay for it. My questions are
1. The driver was the husband but the car is registered/owned by her wife and father in law. I do not know his name as they have not been very cooperative with me. On the small claims since both father/daughter's name are listed do I put those names down? I'm guessing its ok to sue the registered owner since its their vehicle.
2. I have about $1700 in estimates for the cars repair. I repaired the vehicle myself and just wanted to make sure its ok to put the estimate down instead.
3. I also have about $400 in chiropractor bills. Am I able to add hourly wages for 1.5 hours/each appointment? I own my own business and cannot show that wages were docked but I honestly did lose 2 hours of my time while each appointment during working hours. Also would it be stupid to add gas/mileage to/from the doctors office?
3. When I pulled over after chasing him to wait for an officer, another vehicle pulled over directly behind me. She said she saw everything and gave me her phone number. I would hate to subpoena this lady and make her come to court so would a signed statement work instead?
Thanks for your help and I know most people would say why bother and just claim it on your own insurance but this guy really struck a nerve. |
My advice: Call up the local court clerk for small claims. Ask them the procedures for Affidavits and whether you need the witness present. Then ask for guidlines regarding filing a complaint in small claims court. It is most likely fairly simple. In general, you simply provide a version of the facts and list the owners and operator of the vehicle as defendants if known. You will likely need to serve the defendants. The clerk can provide you information regarding service of process as well. Then compile all the evidence you can while waiting for your court date. Go to court with everything you may need and do your best.
If you have problems finding information on the owners or the driver of the vehicle then you may try your local Police Department/Sheriff's Office. Provide them with the police report and say you need assistance with identification of the owner for service. They may be able to assist you. Good luck.
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