Expert: Richard Hixenbaugh - 6/12/2009

Question
I was in a little accident, where a driver rear ended me on the highway.  The
damages were minor, so we exchanged information ( I forgot to get his
insurance info).  An officer came to the scene when we were leaving and
asked if we were okay with the exchange and we both agreed.

Later, I took my car to get an estimate of the damages.  The total came to
$407.  The guy that hit me wants to give me $300.  Than there is the issue of
me not having a vehicle for three days.  Okay, so I decided to call my
insurance company, because this whole time he has been giving me the run
around and will not contact his insurance company.  

My insurance company has contacted him with no response.  They have
informed that my deductiable is $500 so there hands are tied.  My question is
what are my options?

Answer
Hi Catherine,

About the only thing you can do is to send him a letter by certified mail/return receipt requested and by regular mail. In your letter you should indicat that as a result of the collision caused by him on (date) the repair cost of your car is $407.00. It will also require 3 days of rental car at $30.00 per day for a total of $500.00. Then you state that you demand payment of the $500.00 with in 10 days or you will have no choice by to file suit against him.

Then if he does not reply and or pay you, you would file suit in small claims court. You will need to bring photos of the damage to your car as well as the repair estimate and a statement from a rental car company showing what the cost will be for the 3 days rental car. In your suit you should also ask for the court costs as well.

I hope this helps
Richard Hixenbaugh