Car accident

What is the name of your state? California My daughter's parked car was recently hit by a run-away car on a private street. There was substantial damage to my daughter's car. The police came and took a report. The problem: the other party does not have car insurance and neither does my daughter. It appears the other party does not want to pay for the damages to her car. I know we can take this party to court and most likely win, but will she be able to collect on the settlement? What is the process?

If your daughter wins, the judge could have the defendant's wages garnished to pay for the damages. Another option would be to require a monthly payment, or simply that the defendant settle the costs within X months. This person could be held in contempt, put in jail and/or fined if they fail to comply with the judge's ruling.

teflon_jones said:

If your daughter wins, the judge could have the defendant's wages garnished to pay for the damages. Another option would be to require a monthly payment, or simply that the defendant settle the costs within X months. This person could be held in contempt, put in jail and/or fined if they fail to comply with the judge's ruling.

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Of course none of the above is true. Yes, you can sue and would most likely have a winning case. But beyond granting a judgment, the court will play very little part in collecting the judgment, that is up to the judgment debtor. I would suggest a consultation with a local attorney or a visit to a local bookstore. Many books are available that explain the small claims process and how to use it. Also, don't be surprised if your daughter and/or the registered owner of the vehicle have their driving priveliges suspended because of the lack of insurance.