dubbfoolio
Junior Member
Rear ended by drunk driver. Car totaled. Want to compile small claims case
What is the name of your state (only U.S. law)? Arizona
Hello, I was rear ended while waiting at an intersection 2/21/09 by a drunk driver without insurance. I'd like to file a small claims case to recuperate my deductible since I did not have uninsured collision coverage. I had uninsured bodily coverage, but did not file a claim with my insurance company; aside from some neck pain we feel fine fortunately. I will ask for the maximum amount that can be claimed which is $2500. My car was clearly totaled with a bent frame (see below) and it only had an original Kelly Blue Book value of $2640.
I'm curious what evidence should be compiled to make the case as easy as possible.
There were 3 witnesses not involved in the accident and I received their contact information. They made statements with the police.
A police report was filed but I never received it and I don't know how to obtain it. Will it be mailed to me?
I've taken several photos of the damage as seen below. Do I need to get a mechanics quote? My car is not street legal and it would be difficult to take it to a shop for a quote. Should I obtain a quote from my mechanic using photos? Do I need photos of the car from beforehand? The car also has a clean title I can bring.
I don't want to invest myself to heavily in time or money in this case because the other driver didn't appear to have much money or assets. But I'd like to make things as difficult as possible for him to afford to drive again, and I'd like to have some of my losses recuperated if possible. Should I avoid selling or altering the car until the case is settled?
Thanks for any advice you guys can provide, I really appreciate it.
Rear end damage
http://img5.imageshack.us/img5/2913/imgp0058e.jpg
Frame damage
http://img213.imageshack.us/img213/8561/imgp0061.jpg
What is the name of your state (only U.S. law)? Arizona
Hello, I was rear ended while waiting at an intersection 2/21/09 by a drunk driver without insurance. I'd like to file a small claims case to recuperate my deductible since I did not have uninsured collision coverage. I had uninsured bodily coverage, but did not file a claim with my insurance company; aside from some neck pain we feel fine fortunately. I will ask for the maximum amount that can be claimed which is $2500. My car was clearly totaled with a bent frame (see below) and it only had an original Kelly Blue Book value of $2640.
I'm curious what evidence should be compiled to make the case as easy as possible.
There were 3 witnesses not involved in the accident and I received their contact information. They made statements with the police.
A police report was filed but I never received it and I don't know how to obtain it. Will it be mailed to me?
I've taken several photos of the damage as seen below. Do I need to get a mechanics quote? My car is not street legal and it would be difficult to take it to a shop for a quote. Should I obtain a quote from my mechanic using photos? Do I need photos of the car from beforehand? The car also has a clean title I can bring.
I don't want to invest myself to heavily in time or money in this case because the other driver didn't appear to have much money or assets. But I'd like to make things as difficult as possible for him to afford to drive again, and I'd like to have some of my losses recuperated if possible. Should I avoid selling or altering the car until the case is settled?
Thanks for any advice you guys can provide, I really appreciate it.
Rear end damage
http://img5.imageshack.us/img5/2913/imgp0058e.jpg
Frame damage
http://img213.imageshack.us/img213/8561/imgp0061.jpg
Last edited: