Sue for travel expenses

[glandin]

I live in Nevada. I was visiting family in Arizona. While in Arizona, I was the victim in a fender bender accident. There is no question that the other driver was 100% at fault, he admits it and I have witnesses. I called the police but they said that in Tucson AZ they don't respond to car accidents unless someone is hurt or you cannot move the vehicle and are blocking traffic.

The other driver gave me all his info. I contacted my insurance and the other driver's insurance. After a couple of days I got a call from the other drivers insurance and they said they where denying the claim because the other driver did not have coverage on the day of the accident. My insurance will pay for the damage but there is a $500 deductible and my rates might go up.

The other driver is elderly and when I talk to him he doesn't seem to understand that he did not have insurance on that day and wants me to leave him alone and deal with the insurance company. If I take him to small claims court in AZ, can I sue him for travel expenses? Should I get the car fixed and then sue for the amount? or get estimates and sue first, then get the car fixed? Can I sue for the whole repair amount, or just the deductable amount?

 

[army judge]

You can sue him or anyone you choose.
Sure, you can sue him for your alleged damages.
You can't sue for your travel expenses.
You'll eat those, every greasy morsel.
If I were you, I'd forget suing this old guy.
It'll cost you far more in travel than the lousy $500 you're seeking.
You could sue him for all of your alleged damages.
Try getting him to pay, if by some miracle you win.
Your deductible is $500, because that's what you chose to buy.

 

[mightymoose]

Agreed... you could sue and would likely get your judgment, but you would eat the expenses and still might not get paid.
It sounds like your best option is to eat the $500... but no, travel expenses are off the table.