I'm feeling angry and wonder if I can do anything but sue?

Question

My adult son had come to a complete stop on the freeway.  A car slammed into his left rear bumper denting the Crown Victoria and embedding glass from the other vehicle into the bumper.  It's an older car, but had no damage until now.  I did not have no-insurance policy coverage on this vehicle.

The other driver's insurance company just informed me that the driver's insurance card was not valid at the time of the accident because she'd stopped paying on it 45 days before.

Can I, or even should I contact the California Highway Patrol to tell them that she lied to the officer about having car insurance.  Would they do anything after the fact?

Also, if she doesn't have the money to pay her insurance I'm not sure she will pay for the car repairs unless I take her to small claims court.

The police report clearly states that the other driver caused the accident because she was driving too fast (about 45 mph while the other vehicles were much slower or stopped).

So what direction do you think I should go?  She didn't answer the phone when I called.  I don't know if it's a valid phone number.  I will call her again and ask for her to pay for the damages. If she says no, I'll take her to small claims court. 

 But should I send a letter or something telling the CHP officer that she really didn't have any insurance at the time of the accident?

Damocles · Accepted Answer

Are you required in California to carry insurance?  What do you think the CHP is going to do?  Now if she has broken the law, and they arrest her, she's not going to be gainfully employed, which will make it difficult for her to pay for your repairs, will it not?  Generally speaking, I'd say report her, on principle, however, in this case taking a moral stand may cost you significantly.  The threat of reporting her may well give you some leverage to put you at the top of her list of bills to pay.

Anonymous · Answer

Of course you can sue unless the person agrees to pay on a voluntary basis (something a doubt since she doesn't even answer the phone). So sue because there is nothing else to do.

Don't bother calling the California Highway Patrol to complain about her lie; they are going to tell you to go to civil court.

Mike · Answer

Get a copy of the police report and take her to small claims court.

Michael H · Answer

You can file in small claims, and you will most likely win. Collecting though, that's an entirely different story.

Anonymous · Answer

If she can't pay the damage she probably would not pay a judgment.~~

Trending News

I'm feeling angry and wonder if I can do anything but sue?

5 Answers