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Discussion Starter #1
Long story short, I got in a fender bender about 6 mos or so ago. I wasn't hurt, but the other idiot did about $2500 in damage to my car. He was found at fault by the officer on-scene (who didn't ticket him because he wanted to get involved in a chase going on a few miles away) and didn't have any insurance. Actually, he showed me an insurance card on-site, but it turned out to be his parents insurance that did not cover the car he was driving. Anyway, I got my insurance involved, coughed up my $1,000 deductible and they said they'd go after the punk high school kid for my deductible. I was fine with this. I just got a letter saying that the kid and his parents are not being cooperative. Therefore they're going to turn the kid over to a collections agency. They're saying the cost of the collections agency will come out of my $1000. I have the option of having them call off the dogs and go after the idiot myself in small claims. I'm wondering if it's worth the hassle. Has anyone gone to small claims before?
 

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Hmmm , I think it's always good to at least have a judgment . If he's a young kid ,chances are he will be working and if your keen enough you can try for your money or at least embarrass him to death when the garnishee hits his employer .
My Dad took someone to small claims and received a judgment . He had no luck in 7 years collecting it , but he renewed the judgment at 7 years and guess what ? The lowlife that owed him the money , my Dad seen him at a restaurant in the next town over , took the license plate down of his newer Ford truck , got in touch with the bailiff and yep , the next day seized his pickup truck . The guy ended up paying my Dad all of what was owed plus interest and all costs , which by now was about double the original amount.

Good Luck !

The above poster , I feel for you , I had rental property too , to much hassle .
 

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Discussion Starter #3
This kid was 16 or 17 at the time. I think closer to 17 and in high school so I'm not sure if I can sue both him and his parents or not. It's likely that he doesn't have a lot of money and may/may not be employed. My other choice is to pay the collections agency $300 to collect $1000. I'm not keen on eating $300 when I haven't done anything wrong. I've eaten that much in stupid tax before, but I didn't do anything stupid here. I think I'm going to get whatever contact info the insurance company has, make a phone call to the kid and his parents and see if I'm dealing with intelligent, reasonable people or not.
 

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Good luck Hulkamaniac!

I have no knowledge in this matter, but I wish you all the best!

If nothing else, give'em a helluva fight... Punks like that, that try to get off scott-free get under my skin! They need to be a taught lesson, so later in life they're more respectful of themselves and others!
 

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My mom had to take someone she knew to small claims after the person failed to pay back a loan. Got a judgment and ended up getting the money back. Since he's a minor I would include the parents. They are responsible for his actions till he's 18. Any chance their homeowners insurance would kick in? It typically covers propert damage done by their child...of course they might not own but you never know.

If you have their info/address from the police report I'd send them a certified/return receipt letter. That's what I did for my mom and it gave her something to show the Judge and showed she tried to work w/the defendant w/out the use of court. Just sum up all the facts, dates, etc. Nothing emotional just exactly the circs. I gave the lady 30 days to pay the balance or contact us to work out a payment plan or we'd be forced to seek resolution in small claims court, blah blah blah. Keep copies of everything and you'll have the return receipt to prove they got it. It's hard for them to deny anything when you were reasonable about giving them a final chance to rectify the situation. Worked for us :) Also if the parents have to come it might help their cooperativeness if the prospect of missing work and going to court is their only option if they don't pony up the 1K.

Good luck

Tami
 

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Discussion Starter #7
I don't think I'll be able to take this person to small claims. The stupid insurance company will not return any of my calls to them to have them cancel the collections agency. I have called 4 times and left 4 messages. I can't get in touch with anyone human there. I'm ticked off.
 
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