Expert: Charles W. Field - 3/14/2006

Question
I was recently in a car accident where I was hit from behind on the interstate. I wasn't hurt but my car was totaled and I had to use a rental car for a week. The man who hit me was found at fault and his insurance company agree to pay for the rental car but not the insurance on the rental car. I only had liability insurance at the time so my insurance company would not cover the insurance either. I called him and told him to see if he could get his insurance to do something on it, but when I called him back a few days later he said they put him on hold so he hung up and he hadn't called them back. I then told him that if he couldn't get them to pay that I would need him to pay me for the insurance cost. He agreed to pay me for the insurance cost and I told him the amounts, and gave him my address and phone number. Each time I call him he promises to pay but never does. The last time i called him I left him a message saying if he wasn't able to pay something (I gave him the option of making payments) that I would have to take him to court, he still hasn't called me back. The state trooper that did the report said that I could press charges against him for improper following procedures, since he was playing with his cell phone when he hit me but I don't rememeber where I put the papers he gave me and Im not sure the said how to go about doing that. Anyway, this wreck happened around the 22 of January and he still hasn't tried to make payment, and I think he is avoiding me now by not answering my calls. I don't really want to go to court over this but I am willing to. Do you think I should give him more time? Should I sue him? If so how would I go about doing that and what would I need to bring to support my case? If not what other routes could I pursue to collect my money?

Answer
Other than suing him, I know of no way to get your money. Pressing charges won't get the job done. Check with your local courthouse to see if they have a Small Claims court. If so, these courts usually have forms for you to fill out, along with instructions. As to documents, you should bring all documents relating to this incident to court.