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lady refuses to pay the amount

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kawas

Junior Member
What is the name of your state? california

About 4 day ago i was driving down the street when a lady was coming out
of an apartment complex and another car was coming in so i didn't se her she didn't
se me i got to a point where i spotted her with the corner of my eye swerved to the
left so she wouldnt hit me she keep going and hit my car on the right door and side panel we stopped and agreed to settle this ourself. 3 day later i tell the lady its was only going to be $500.00 dollars to repair, isnt that cheap? and now she does not want to pay can
hooo one thing i didnt have insurance at the time and her dont know can i take her
to small claim or whats youre advise :confused:
 


Happy Trails

Senior Member
kawas said:
What is the name of your state? california

About 4 day ago i was driving down the street when a lady was coming out
of an apartment complex and another car was coming in so i didn't se her she didn't
se me i got to a point where i spotted her with the corner of my eye swerved to the
left so she wouldnt hit me she keep going and hit my car on the right door and side panel we stopped and agreed to settle this ourself. 3 day later i tell the lady its was only going to be $500.00 dollars to repair, isnt that cheap? and now she does not want to pay can
hooo one thing i didnt have insurance at the time and her dont know can i take her
to small claim or whats youre advise :confused:
It sounds like you had the right of way and she didn't use the necessary precaution when she was pulling out in traffic.

Yes, sue her in small claims court.
 

CdwJava

Senior Member
kawas said:
What is the name of your state? california

About 4 day ago i was driving down the street when a lady was coming out
of an apartment complex and another car was coming in so i didn't se her she didn't
se me i got to a point where i spotted her with the corner of my eye swerved to the
left so she wouldnt hit me she keep going and hit my car on the right door and side panel we stopped and agreed to settle this ourself. 3 day later i tell the lady its was only going to be $500.00 dollars to repair, isnt that cheap? and now she does not want to pay can
hooo one thing i didnt have insurance at the time and her dont know can i take her
to small claim or whats youre advise :confused:
If she was coming out of the parking lot into traffic, and you were in a place in the road where you had a lawful right to be (i.e. in the proper lane, at approximately the proper speed, and obeying any other traffic control devices) then the person entering traffic from the driveway is "at fault" as far as any police report would be concerned.

However, at this late date, no police collision report would be able to determine fault as a matter of state policy, and a report would result in an expensive citation against you for not being insured.

At this point, your option would be to hire an attorney and sue her for the damages, go to small claims court for the damages, or make a claim to her insurance company for the damages.

Without an insurance company to be your advocate, it is possible that her company will say YOU are at fault - or partially so - and they will deny your claim. On the other hand, perhaps the other driver was also no insured.

Your only realistic option is to go to small claims court.

This is what happens when you do NOT have insurance.

Also, I would recommend that by the time you go to court you have insurance ... judges (and cops) are not keen on uninsured motorists - they have to pay their registration and insurance, so they kinda expect you to do so as well.

- Carl
 

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