Steamed!

(state of georgia) i was completely stopped at a red light and someone rear ended me. she was fully at fault, and received two citations as a result. we tried to be merciful to her and made arrangements with her boyfriend who promised to have everything fixed. he even came to my house and assessed the work that needed to be done and agreed to do it that same week. he did not keep us his end of the bargain, and nothing has been heard from him since then. although he is not returning our phone calls, his telephone number is the only real contact information that we have since she gave a false home telephone number and did not have proof of insurance. what can i do to get her to pay for the damage caused to my vehicle if i cannot reach her? we have a court date set for october 8th. should i retain an attorney for this?
wmhunt1

[JETX]

1) Turn this in on your insurance. They will fix your car (you pay deductible) and it will be returned when/if your insurance company collects from the at-fault driver.
2) Your post said, "we have a court date set for october 8th. should i retain an attorney for this?". Who is suing whom, and what is the cause of action?? Did you sue them, or did they sue you??

Well, as for right now, no one is being sued. The court date is actually for her because she received the citations, but I have the option of being present because there was damage to my vehicle. I know that I can go through my insurance company for the repairs granted I pay the deductible first. The only problem is that she probably will never pay them, which means I will not be reimbursed. Can't I take her to small claims court? If so, what steps need to be taken to file suit?
wmhunt1

Have you talked to your insurance co. yet? Are you sure you'd have to pay a deductable? Do you have any whiplash symptoms you need medical attention for? Yes, you probably should get an attorney involved, even if it's just for advice.

Sherbert

[JETX]

Q1) "The court date is actually for her because she received the citations, but I have the option of being present because there was damage to my vehicle."
A1) Show up at court. Make sure that you talk with the prosecutor and let him/her know that you are there and willing to testify as to what happened. Also make sure that the prosecutor knows that the other driver does NOT have insurance and that you have been damaged. There is a possiblity that the court could put your recovery as part of the 'sentence'.

Q2) "I know that I can go through my insurance company for the repairs granted I pay the deductible first. The only problem is that she probably will never pay them, which means I will not be reimbursed."
A2) Yes, but wouldn't it be better to be out only the deductible then out the FULL amount of the loss??

Q3) "Can't I take her to small claims court? If so, what steps need to be taken to file suit?"
A3) Yes. You can take her to court to recover your damages. GA small claims limit is $15,000 (one of, if not THE highest in the country!!). For how-to, go to:
[url]http://www2.state.ga.us/GaOCA/magistra1.htm[/url]

Thank you for the advice. I will definitely be in court to make sure that the judge hears the correct account of what happened. If nothing is done then, we will be sueing.
wmhunt1