Uninsured motorist/deductible issue

[Kiem]

What is the name of your state? CA

My car got backed up by this guy while its parked. He lied and I later learned he doesnt have insurance. I took a photo of the damages, and made him sign stating he was at fault.

My insurance would cover the damages, but I would have to pay a $500 deductible - and the cost to repair is $800. If I go this route, I think my premium would increase later.

I'm debating whether I should sue him instead of going through my insurance. If I do, here are the cases:

(1) Should I sue him with the amount to fix the car?

(2) Have the car taken care by the insurance, and sue the deductible amount ($500)? Then the premium increase issue - complicated.

 

[ProResearch]

A couple of things to think about:

If you go with your own insurance company for a crash that was not your fault, that should *not* increase your premium. However, the damage is just $800 and your deductible is $500. If it were me, I would really try and save myself from a claim with that low amount of money involved, afterall they only pay $300.

Your best bet is to FIRST try and make some arrangement with him by phone, by certified mail (RRR), however you can get ahold of him. If he will not cooperate, then I would sue him for the full amount of repairs plus court costs. Since you have a document with a signed statement and pictures of car, that's a good start for evidence. Also get any other relevant documentation, like the police report, that you can to take to small claims court. Of course he can always say he was coerced into signing because you were threatening or whatever, or even retract the confession or say that is not his signature, etc. Be ready for anything as his defense.

Something else to consider, just because you get judgment against him, can you collect? Does he have money in which to pay (if he did why would he not make some arrangement beforehand). I've been reading on this web site how some get the at-fault driver to pay by reporting the judgment to the State's driver license bureau and then they suspend his license until he pays the judgment. That's a good option if it works in your state.

Good luck!