No insurance, no police report

mstone3131 · #1 07-06-2006, 10:42 AM

What is the name of your state? California

Two months ago I was rearended while sitting at a stop light by a motorcycle. The gentleman said he didnt have insurance but would fix all the damages for me, so we exchanged addresses, phone numbers and CDL number. Then the police showed up and ran our drivers license and plates, both of us came back clear, but the motorcycle was the gentleman's stepfather's not his. The officer asked if we had exchanged information and then left with out writting a report or checking our insurance cards. The next day I called the gentleman and went to his house so he could see the damages and take pictures, then he said he would call me the next day. One week went by and no call so I called him and left message. It has now been two months and he will not return my phone calls. Can I sue him in small claims court even though I dont have a police report? Can I press charges against him for driver with out insurance? Are the police responsible to check his insurance since it is illegal to drive in California without insurance? The total amount to repair the damages will be $951.

Thanks for the help

Matt

seniorjudge · #2 07-06-2006, 11:16 AM

Quote:

Originally Posted by mstone3131

What is the name of your state? California

Two months ago I was rearended while sitting at a stop light by a motorcycle. The gentleman said he didnt have insurance but would fix all the damages for me, so we exchanged addresses, phone numbers and CDL number. Then the police showed up and ran our drivers license and plates, both of us came back clear, but the motorcycle was the gentleman's stepfather's not his. The officer asked if we had exchanged information and then left with out writting a report or checking our insurance cards. The next day I called the gentleman and went to his house so he could see the damages and take pictures, then he said he would call me the next day. One week went by and no call so I called him and left message. It has now been two months and he will not return my phone calls. Can I sue him in small claims court even though I dont have a police report? Can I press charges against him for driver with out insurance? Are the police responsible to check his insurance since it is illegal to drive in California without insurance? The total amount to repair the damages will be $951.

Thanks for the help

Matt

Q: Can I sue him in small claims court even though I dont have a police report?

A: Yes.

moburkes · #3 07-06-2006, 12:08 PM

Quote:

Originally Posted by mstone3131

What is the name of your state? California

Two months ago I was rearended while sitting at a stop light by a motorcycle. The gentleman said he didnt have insurance but would fix all the damages for me, so we exchanged addresses, phone numbers and CDL number. Then the police showed up and ran our drivers license and plates, both of us came back clear, but the motorcycle was the gentleman's stepfather's not his. The officer asked if we had exchanged information and then left with out writting a report or checking our insurance cards. The next day I called the gentleman and went to his house so he could see the damages and take pictures, then he said he would call me the next day. One week went by and no call so I called him and left message. It has now been two months and he will not return my phone calls. Can I sue him in small claims court even though I dont have a police report? Can I press charges against him for driver with out insurance? Are the police responsible to check his insurance since it is illegal to drive in California without insurance? The total amount to repair the damages will be $951.

Thanks for the help

Matt

Or you can contact your insurance company to get your vehicle repaired. Then they will handle suing him, and getting your deductible back.

boilrman · #4 07-07-2006, 10:32 AM

I think I would have the insurance fix the car and let them deal with getting the money back. With small claims court, you can win, it is collecting that is the difficult part.

FLaLaw4107 · #5 01-31-2007, 12:40 AM

I don't know if this was resolved, but try running a free (through your local courthouse) criminal background check and hiring a PI to see if the owner has any assets worth going after. If so, get the vehicle repaired how the insurance co. wants to do it (most likely a 3rd party shop, not a dealership where labor is $55/hr and up). As long as you aren't running up against the statute of limitations, you could sue him for non-use of your vehicle and the repairs.

btw, i think we can definitely say he is NOT a gentleman anymore. Just a shill.

moburkes · #6 01-31-2007, 07:46 AM

Quote:

Originally Posted by FLaLaw4107

I don't know if this was resolved, but try running a free (through your local courthouse) criminal background check and hiring a PI to see if the owner has any assets worth going after. If so, get the vehicle repaired how the insurance co. wants to do it (most likely a 3rd party shop, not a dealership where labor is $55/hr and up). As long as you aren't running up against the statute of limitations, you could sue him for non-use of your vehicle and the repairs.

btw, i think we can definitely say he is NOT a gentleman anymore. Just a shill.

We try not to "bumP' posts, simply to respond, when they are over 30 days old. This one is WAY more than 30 days old.