Hit while asleep

I was woke up last May 3rd at 6:00 a.m. by a neighbors boyfriend who hit my parked car. I had just taken this car off of my insurance not even two weeks prior to this accident, as I was to sell it that coming weekend. I have already given estimates to the neighbor, who is helping her boyfriend handle this situation, and have tried to collect the money for damages that he owes me for about one and a half months now. I have had absolutely no communication with the man who hit my car since the day of the accident, as he gave me a cell phone number that always goes to a message machine. I have only requested through his girlfriend for him to contact me A.S.A.P. I finally left him a message the other day indicating to him that I have no other choice, but to handle this through a lawyer. My question is "Do I have a better chance going through a small claims court, or through a private lawyer?" The total of the damages to my vehicle are at $3500.00 . He has a brand new truck with insurance, but refused to give me his policy information, as he said he would pay cash for the damages. I live in los angeles, california. Any advise would be appreciated. Thanks!

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by sdb15:
I was woke up last May 3rd at 6:00 a.m. by a neighbors boyfriend who hit my parked car. I had just taken this car off of my insurance not even two weeks prior to this accident, as I was to sell it that coming weekend. I have already given estimates to the neighbor, who is helping her boyfriend handle this situation, and have tried to collect the money for damages that he owes me for about one and a half months now. I have had absolutely no communication with the man who hit my car since the day of the accident, as he gave me a cell phone number that always goes to a message machine. I have only requested through his girlfriend for him to contact me A.S.A.P. I finally left him a message the other day indicating to him that I have no other choice, but to handle this through a lawyer. My question is "Do I have a better chance going through a small claims court, or through a private lawyer?" The total of the damages to my vehicle are at $3500.00 . He has a brand new truck with insurance, but refused to give me his policy information, as he said he would pay cash for the damages. I live in los angeles, california. Any advise would be appreciated. Thanks!<HR></BLOCKQUOTE>

My response:

You're better off filing a lawsuit yourself in Small Claims court. I noticed in your bio that you're in Los Angeles. If this happened in the city itself, you'd file your Claim at the Municipal Court located at 110 No. Grand Avenue, Los Angeles, CA 90012. If, however, it occurred in the San Fernando Valley, you have to file in the Branch courthouse closest to where the incident occurred. Your jurisdictional limit is $5,000.00.

You're going to need the Defendant's address in order to have him served with the Complaint. Your filing fee is $23.00, plus the cost to have the Sheriff serve the defendant with the papers. You cannot serve the papers yourself; however, any person age 18 or over, can serve the papers on Defendant - - I'd use the Sheriff's office though.

Good luck.

IAAL



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IAAL - Can he report the driver to the police for refusing to provide insurance information? That's illegal in Washington. He could avoid court & just file a claim on the guy's insurance.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

I was told that I might be able to file some sort of report to the DMV, since the police didn't want to come out and take a report. I have yet to do this, as I am awaiting on an appointment with an attorney.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Tracey:
IAAL - Can he report the driver to the police for refusing to provide insurance information? That's illegal in Washington. He could avoid court & just file a claim on the guy's insurance.

<HR></BLOCKQUOTE>


My response:

Yes, he can. However, because the police refused to make a report, the potential defendant has deniability. The writer must file an SR-1 for with the DMV if there are personal injuries, or property damages in excess of $500.00.

So, in summary, if our writer has the potential defendant's license plate number, he can have it run through the DMV, and because there was an accident, he's entitled to the guy's information.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."