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person at fault won't pay

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billton12

Junior Member
What is the name of your state (only U.S. law)? Kentucky. My wife's parked and unoccupied vehicle was hit in a Walmart parking lot on 7-17-09. The lady who hit it waited by the vehicle until she came out and admitted fault. She gave my wife her name, address, phone #, and insurance carrier. I called her a few days later with the estimate for repairs ($757.54). She apologized profusely and said she'd mail us a check. As of today, we've received nothing. We try to call her and she won't answer. We leave messages, she won't reply. I tried to mail her a copy of the estimate and it was returned due to No Mail Receptacle. We contacted the insurance company she gave us and they said she has no policy with them.

Any recommendations as to where to go from here will be appreciated.
 


Banned_Princess

Senior Member
Well, you can have your insurance fix it. but you'd pay your deductible, and if that is 1000. its not even worth it to clam it, stupid even.

You can use her name address and phone number to sue her in small claims court. And if she has an active insurance policy I bet she'd bring the accident up to them at that point! If not then you can have a judgment against her. That is if you can prove it was her who hit you. While having received her personal information and possibly the name of an old carrier is compelling evidence it was her who hit you, a police report and pictures of the damage to both cars is better.

Maybe you can drive past her house and take pictures of the matching damage. Then she will come out and ask what you are doing, you can say preparing to sue you, and maybe that will make her more receptive to your phone calls.
 

ecmst12

Senior Member
Your insurance company may be able to find her insurance information, depending on how easy your state makes it to look up these things. You can also contact the police to file an accident report. It would have been smart to get her license plate number too.
 

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