K
kbkids
Guest
What is the name of your state? Florida
Several months ago, I was rear-ended by an 18 year old who was uninsured. There was minor damage, and the kid called a few days later and told me he would pay for the damage and let him know how much the estimate was. I called back and let him know, and he said he would get back with me. A few days later, his dad called "politely demanding" that I get the work done at an auto repair shop where he knew the owner so his son would not have to pay as much. I informed him that I was not comfortable with the shop, as I have had work done there before which I wasn't pleased with. My vehicle is less than a year old and I want it to be repaired correctly. After talking with our insurance company, my agent told me that if we filed it, the kid would be unable to obtain insurance in the state of Florida for 7 years. I called the kid back, and he said that his dad had said he would pay for half, and that he would have the rest in two weeks. That was several months ago. I have since sent him a "demand letter" (certified mail) stating that he had until November 1 to get me the funds, or I would file a case in small claims court. He never responded. My question now is this, I have since noticed that on the accident report, the trooper did not check the box indicating the place on the vehicle that was damaged. I talked with a trooper friend of mine who said it was no big deal - it happens all of the time - and just to take a picture of the damage. But he also said, "Good luck getting him to pay even in court." If they order him to pay, is he not legally obligated? I just don't want to go to the expense of suing him if we may lose and then I still have to fork out my own money. I can file it with the insurance company, but our deductible is $500, and the amount of damage is $526. Should I go for this or not?
Several months ago, I was rear-ended by an 18 year old who was uninsured. There was minor damage, and the kid called a few days later and told me he would pay for the damage and let him know how much the estimate was. I called back and let him know, and he said he would get back with me. A few days later, his dad called "politely demanding" that I get the work done at an auto repair shop where he knew the owner so his son would not have to pay as much. I informed him that I was not comfortable with the shop, as I have had work done there before which I wasn't pleased with. My vehicle is less than a year old and I want it to be repaired correctly. After talking with our insurance company, my agent told me that if we filed it, the kid would be unable to obtain insurance in the state of Florida for 7 years. I called the kid back, and he said that his dad had said he would pay for half, and that he would have the rest in two weeks. That was several months ago. I have since sent him a "demand letter" (certified mail) stating that he had until November 1 to get me the funds, or I would file a case in small claims court. He never responded. My question now is this, I have since noticed that on the accident report, the trooper did not check the box indicating the place on the vehicle that was damaged. I talked with a trooper friend of mine who said it was no big deal - it happens all of the time - and just to take a picture of the damage. But he also said, "Good luck getting him to pay even in court." If they order him to pay, is he not legally obligated? I just don't want to go to the expense of suing him if we may lose and then I still have to fork out my own money. I can file it with the insurance company, but our deductible is $500, and the amount of damage is $526. Should I go for this or not?