Expert: Anne - 6/1/2008

Question
My son was backed into by a friend of his in a parking lot at a park. No police were called because the boy said his parents would pay damage. Mother saw car and agreed. Car went into shop and damage was higher than original quote (1200 vs 2300) so now the father is trying to say we should pay some because my son was parked behind his son not in a parking spot (they were parked in a group at a park and had been that way for an hour). Car repaired and they refuse to pay. They are withholding insurance information. Florida DMV refused insurance information without a police report and police will not take report after the fact. It happened on 4/25.  What remedy do I have. I hate to use my own insurance because my son is only 16 and has a 1000 deductable.

Answer
Hello Regina,

Well, you are in a hard position. You probably do want to file a claim with your own insurance company. The DMV will not release information without a police report. Sometimes, police will allow you to file a "walk in" report several weeks after an incident. You can come in and explain your situation, they will let you write this type of narrative. It is possible that the DMV takes this report and gives you the info.

The other step is to sue them personally in small claims court. They will have to answer to a judge for what happened. As you mentioned, the vehicle was parked there for over an hour and the vehicle was there to be seen. It is very possible that this person will be 100% at fault.

Remember, Florida is a no fault state, however this appears to be "property damage" which can be compensated under this exception.

Try to get that police report and see if the DMV takes it, if not then you probably have to file.

Good Luck,
Anne
http://www.spokanelegalhelp.com