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Civil action or small claims

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Ford_Tech

Junior Member
What is the name of your state? KANSAS

Ok, back in April I was involved in an automobile accident. My vehicle is a 2000 Ford Ranger, and the other was a 99 Toyota Camry. It was a rainy day at 7pm with moderate traffic on the road. I was traveling approximately 25-30mph on a 4 lane surface street when I noticed a car with turn signal on in front of me. I hit my brakes, but could not stop in time and hit the car. There were no injuries and no citations. I could not clearly see her brake lights and due to road conditions I could not get sufficient traction to stop.

Now here is the sticky part. Approximately 15min before the accident I switched auto insurance companies because the policy had expired with the previous company. I did not print a reciept from the internet and the new company denied my claim, stating that the policy was not in effect prior to the accident. So the great state of Kansas has suspended my drivers license for no more than 2yrs, but not less than 1 day, or until the other party either signs a release of liability or agrees to a payment plan.

Now, the driver of the vehicle was the registered owners daughter, and I have been in discussions with the mother to make good for the cost of that vehicle. The woman will not budge on wanting a downpayment before agreeing to a payment plan to pay back the cost of the vehicle. My question is would this be a small claims problem or civil action. If I can get a judge to order a payment plan then I can get my license back. Right now I can not work in my field (Automotive Service Tech) because I dont have my license and I can't get it back without something saying I will pay for the car. I have told the woman I would agree to make payments in the amount of $200/mo with a $1,000 kicker at the start of the spring 07 semester, and keep making payments for 15 months until the car was paid for and she got her $4,000 for the car. So back to my question. Should I take her to small claims or file a civil action to get her to agree to a payment plan. I am loosing money because I can not work in my field and I am loosing it at the rate of about $15/hr. You do the math, this hasnt been cheap already and its going to get more expensive.
 


Zigner

Senior Member, Non-Attorney
Amazing -

You are driving too fast for conditions which caused an accident. You were uninsured. And, now you want to sue the person you hit!?!

The answer is "no"
 

Ford_Tech

Junior Member
The only answer no here is that I was driving too fast for the conditions. I was driving the speed limit as was everyone else. The POSTED speedlimit is 30mph and I believe I was going slower than that, if I was going too fast for the conditions then I would have recieved a citation.

As for suing her, I just want the judge to make a decision about how much I owe her for her vehicle because she wont take my offer, and I cannot be without a license for 2yrs. You can look it up @ www.kbb.com its a 99 Toyota Camry LE 4dr sedan, and according to the FAIR market value it is worth approximately $4,000.00 and that is what I have offered to pay her in a payment plan. She has said no, and I want a judge to make a decision.

As for me not being insured, that my friend was due to a clerical error on the insurance company. IF I had thought to print a time stamped reciept, I would have fought this and been covered for the accident. BUt since I let my gaurd down, both parties are getting railed on this deal.
 

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