responsible party isnt following through with fixing my car

Status
Not open for further replies.

bewitched

New Member
Someone backed into our car 3 weeks ago in a parking lot doing complete hood ruin damage and grill totalled. My husband ( i wasnt there) exchanged phone numbers with her and he took down her plate,she said not to worry she would take care of it. ( he didnt call the police as he thought he was on private property he says:mad: so there is no police report) The next day she said she wanted to pay out of pocket for it so I faxed her an estimate from a body shop that came out to $1900- she said that was way too much so I got a second estimate that was$2300-and of course that just an esitmate; once they open it up who knows if theres more damage there. After 3 more days of not hearing back from her I realized she was not going to be sticking by her word and I called my insurance company and let them know everything. They have made numerous attempts to get ahold of her by phone and with letters that she hasnt answered. So I am guessing she either has no insurance, or does and doesnt want her rate to go up or doesnt want her husband to know. To top it all off she is refusing to pay for the windshield, she left a slurred message at midnight on my cell phone last night..( the windshiled was intact- on the way home after the accident the hood that was smashed flew up and hit the windshield cracking it- but she is saying shes not responsible for that (???).

So, other than making my husband life miserable for not diong a police report and demanding inusrance info from her on the spot, what course of actions are available? I just want the car fixed and a rental for the days its in shop, and the windshiled isnt that also her fault? Our insurance says it cant be filed under uninsured motorists until they verify with her that she doesnt/ does have coverage. But shes not answering them. They also said in Ohio they cant run her plates to see if she has insurance because of some privacy laws.

Is this something for small claims? Do I fix the car and then sue her? Is serving papers expensive and will a lawyer cost a lot, are his fees something I will get reimbursed for by her, is this a no brainer for a judge or is there a good chance she wont have to own up?

Thanks for any help, I hope I am posting this correctly as I am new to this site. I appreicate it

Samantha
 
Sue the bad person in small claims court.
 
Status
Not open for further replies.
Back
Top