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Can i sue if someone doesnt pay me for accident even if we didnt go thru car insurance in Ny?

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Can i sue if someone doesnt pay me for accident even if we didnt go thru car insurance in Ny?

Postby ambrosi » Wed Nov 16, 2011 5:06 pm

someone hit my car in NY and left a note we agreed she would pay a certain fee which was low to begin with. Its been months and i received less then 1/5 of the amount. Can I take her to court if I have proof she promised to pay me even if we didn't go through insurance but both have it. I want to take her to small claims court in new york. Am I able to?
ambrosi
 
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Can i sue if someone doesnt pay me for accident even if we didnt go thru car insurance in Ny?

Postby faerwald » Wed Nov 16, 2011 5:20 pm

Of course you can. Insurance benefits the person that caused the accident, if they choose not to use it, or don't have any the person is still ultimately responsible for restitution.
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Can i sue if someone doesnt pay me for accident even if we didnt go thru car insurance in Ny?

Postby kim » Wed Nov 16, 2011 5:23 pm

yes you can, but that is no garuntee she will pay. All that does is get you a judgment. Then you have to file more paperwork with the courts to have the judge to get her into court about her finances, and attache her wages, or issue a judgment on real property (like her own home) you cannot make anyone move if that is thier live in residence, but you can, for a fee turn them into collections and put a lien on the house so it cannot be sold without you getting paid. It takes time and you will get your expenses back eventually. It would have been far easier to report this to the insurance company, and accept the not at fault.
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Can i sue if someone doesnt pay me for accident even if we didnt go thru car insurance in Ny?

Postby valerio97 » Wed Nov 16, 2011 5:26 pm

Of course, if you can prove she actually hit your car and prove she actually agreed to pay you something.
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Can i sue if someone doesnt pay me for accident even if we didnt go thru car insurance in Ny?

Postby forgael » Wed Nov 16, 2011 5:29 pm

Sure. You have to prove they were responsible for the damage, though. Why not use insurance, that's what you pay them for.
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Can i sue if someone doesnt pay me for accident even if we didnt go thru car insurance in Ny?

Postby lincoln » Wed Nov 16, 2011 5:40 pm

Put a claim through your insurance co and let them deal with.
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