wait for insurance?

[sGirL55]

My vehicle was parked outside of my apt. complex, when my neighbor's moving company hit my truck and left the scene. My neighbor witnessed the incident and provided the information to me.
The moving company first denied the hit, then after processing my police report, the moving company contacted me and offered to pay for damages and rental car coverage. Since obtaining my estimate, the moving company never returns my calls or contacts me back.
I will now be getting my vehicle repaired through my insurance company, but am stuck paying my $500 deductible upfront and rental car(my insurance will reimburse me). This is the first time I've been involved in an accident and am a little unsure how insurance will work. From what I know, insurance will attempt to contact the moving company for payment of the accident, but this could take up to 6 months?!?! So, I'm wondering, if the moving company still does not cooperate or denies the accident, will I lose my $500 and be responsible for any other payments?
I have filed a police report and my neighbor is a witness, do I need to sit and wait for possibly 6 months to see if the moving company will admit and pay for my damages? What other options do I have?

 

[I AM ALWAYS LIABLE]

My response:

File a lawsuit in Small Claims court.

IAAL

 

[brazasian]

$?

What are usual fees for small claims court? I live in GA. Is an attorney necessary? My income isn't that great and I don't have much money to spend right now, which is why I was trying to avoid going to court...but if that's the only possible way for me to receive 'justice' then that's what I'll have to do.

Thanks for your reply!

 

[I AM ALWAYS LIABLE]

Re: $?

What are usual fees for small claims court? I live in GA. Is an attorney necessary? My income isn't that great and I don't have much money to spend right now, which is why I was trying to avoid going to court...but if that's the only possible way for me to receive 'justice' then that's what I'll have to do.

Thanks for your reply!

My response:

Call your local courthouse and ask to speak to the Small Claims court Clerk, and ask for the current fees. Because Small Claims is the "People's Court", the filing fee is really quite cheap, somewhere in the 30 to 40 dollar range.

Anyway, get the address, bring all necessary documents with you, and go to the Filing Window to get all the forms. The clerk will give you all the forms you need. Then, ask if there's a "Small Claims court Advisor" that you can talk to. The advisor will help you to correctly fill out the papers - - can't give you legal advice, but will tell you the proper procedures of the court, and will make sure your papers are written properly.

On the date of your hearing, if you win, the court will add all of your court fees to the final judgment. That way, you won't be out too much money.

When you go to the court, sit in on a Small Claims court case, or two, and get a "feel" for it. It's really neat ! Who knows, maybe you'll see Judge Judy !

You've heard the phrase, "The judge threw the book at him" haven't you ? Well, when you go into the courtroom to sit in the peanut gallery, look at the stack of books on the judge's bench. Every once in a while, you'll see the judge pick one of those books up, and wind up like Sandy Colfax, and just wail on the defendant, throwing one at about 50 miles per hour, and smacking him / her right in the head !! It's really fun !!

Good luck.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-12-2001 at 10:28 AM]

 

[brazasian]

thanks

Thank you much...that advice helps out a lot!