Keep contacting defendant?

[Stephen1]

Washington State, Thurston County - A couple questions relating to Small Claims.

Situation. I own property on “A” street. “B” street meets “A” street at a T intersection directly in front of my property. On May 8th a car coming down “B” street ran the Stop sign, went over the curb, and jumped over the stormwater pond on my property damaging a retaining wall and the lawn. The police report says the driver did not have proof of valid insurance. I have gotten an estimate to repair the retaining wall, pond, and yard. It is less than my deductible, so my insurer isn’t involved. I mailed the driver a letter (both regular mail and certified) requesting info on their insurance provider or they could leave out the insurance provider and pay me directly. I even said we could arrange payments. I have received the return receipt on the certified mail but no other contact.

I see the liability as pretty straight forward. If there were auto insurance I expect they would just pay so I don’t see how I could lose in court. It would be nice to avoid court, if possible.

First question: should I attempt more contact before proceeding to Small Claims Court? And if so, do you have any suggestions on this.

Second question: on the Small Claims form is a space for a date for when the dollar amount “became due and owing”. Do you think that is the date of the incident or the date that I paid someone to make the repairs?

Thank you.

 

[Zigner]

https://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal
https://www.atg.wa.gov/small-claims-court-0

It can't hurt to send a demand letter giving a specific date along with the actual amount you expect to be paid and give them a certain amount of time to do so. If your original letter already did that, then you don't need to send another one. The date of your loss is the date of the accident.

 

[zddoodah]

should I attempt more contact before proceeding to Small Claims Court?

Up to you. However, unless you have an email or phone number, I don't see the point.

on the Small Claims form is a space for a date for when the dollar amount “became due and owing”. Do you think that is the date of the incident or the date that I paid someone to make the repairs?

The obligation arose on the date of the accident.

 

[adjusterjack]

I would suggest one more demand letter with a deadline date to pay and attach a completed, but not filed, small claims complaint form to show that you know what you are doing and mean business. If the deadline date passes with no response, file your lawsuit.

 

[Stephen1]

Thank you all. I may do that "one more demand letter."

 

[quincy]

Thank you all. I may do that "one more demand letter."

For a relatively small fee, a demand letter sent by an attorney can get the recipient’s attention more than a demand letter from you is apt to. The demand letter can still be followed by a small claims action filed by you, with no attorney involvement in the suit.

 

[adjusterjack]

For a relatively small fee

Relative to what, Q?

I don't see an attorney charging less than an hour, maybe $200 or $300. OP won't get awarded that fee. Damage is less than the insurance deductible, which is typically $500 or $1000. It's really a toss up as to whether an attorney letter would work better than attaching the complaint form. Personally, in this instance, I think the expense of an attorney is not practical.

 

[quincy]

Relative to what, Q?

I don't see an attorney charging less than an hour, maybe $200 or $300. OP won't get awarded that fee. Damage is less than the insurance deductible, which is typically $500 or $1000. It's really a toss up as to whether an attorney letter would work better than attaching the complaint form. Personally, in this instance, I think the expense of an attorney is not practical.

It depends on the attorney, of course, but the cost to draft a demand letter can be as little as $75.

 

[adjusterjack]

It depends on the attorney, of course, but the cost to draft a demand letter can be as little as $75.

Fair enough.

 

[quincy]

Fair enough.

Your idea to attach a small claims form is a good idea, though, too. It is just easier for someone to ignore a regular person’s letter than it is to ignore an attorney’s letter. If the matter can be settled out of court for a small initial cost, it can be worth spending the money.

 

[adjusterjack]

For $75 I agree with you.

 

[quincy]

For $75 I agree with you.

I can think of better things to do with $75. Haha.

 

[adjusterjack]

Yeah, me too.

 

[Taxing Matters]

I can think of better things to do with $75. Haha.

Legal fees are like medical expenses. You'd really rather spend the money on something else that's more fun, but those expenses are sometimes necessary.

 

[quincy]

Legal fees are like medical expenses. You'd really rather spend the money on something else that's more fun, but those expenses are sometimes necessary.

Exactly.