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  1. #1
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    Small Claims Court

    My son was involved in an automobile accident last week, and the lady did not have insurance, so we are probably going to end up in Small Claims Court, do any of you have any experiences with Small Claims?

    Any advice would be appreciated.



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    Re: Small Claims Court

    check out this thread http://www.cyclonefanatic.com/forum/...ims-court.html there was alot of good information in there.



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    Re: Small Claims Court

    If you filed a claim with your insurance carrier then you have turned over your right to pursue any type of recovery to the insurance carrier. They will pursue the uninsured driver for what they pay out as well as your deductible. If you have any out of pocket expenses make sure you let your carrier know so they get that included as well.



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    Re: Small Claims Court

    Quote Originally Posted by cyfreddy View Post
    My son was involved in an automobile accident last week, and the lady did not have insurance, so we are probably going to end up in Small Claims Court, do any of you have any experiences with Small Claims?

    Any advice would be appreciated.
    if she can't afford car insurance, good luck getting any money out of her.



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    Re: Small Claims Court

    We got hit by a drunk driver and we're trying to figure out how to settle right now. Good luck with your situation.


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    Re: Small Claims Court

    Quote Originally Posted by ISUCLONES15 View Post
    If you filed a claim with your insurance carrier then you have turned over your right to pursue any type of recovery to the insurance carrier. They will pursue the uninsured driver for what they pay out as well as your deductible. If you have any out of pocket expenses make sure you let your carrier know so they get that included as well.
    They have said since we only have liability we are on our own, in pursuing the money.

    I went to Crow Tow today to take a picture of our car, and they would not allow me to take a picture of my own car. I guess I don't understand this process.



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    Re: Small Claims Court

    Quote Originally Posted by cyfreddy View Post
    They have said since we only have liability we are on our own, in pursuing the money.

    I went to Crow Tow today to take a picture of our car, and they would not allow me to take a picture of my own car. I guess I don't understand this process.
    Crow Tow wouldn't allow you to take a picture of your car because they are ridiculous. They have nothing to do with the process. They are doing what they always do and charging insane amounts of money for very little service. I would pay whatever the bill is up to and have Perrys on University tow it somewhere other than a tow yard as everyday it sits at Crow Tow it will be racking up inordinate storage fees.

    After you get it out of there you should have someone assess (sp?) the damage so you can have an idea of what it would cost to fix. Next, compare what it would cost to fix to what it was worth before the accident. In this step be sure to usa NADA instead of Kelly Blue Book as NADA reflects the actual cash value and not the list price before negotiations. Then, you should seek to collect the lesser of what it would cost to fix or what it was worth before the accident.

    As far as the actual accident goes, I'd get good photos of your vehicle, of the area the accident happened, obtain the police report, and if you could talk them into it photos and a statement of some sort from the other driver.



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    Re: Small Claims Court

    ekim is right, get your vehicle out of Crow Tow ASAP, whatever it takes. If you have a garage, get it towed back to your place and have them put it in there. You can have someone come pull it back out later. But for now, the ridiculous daily storage fees at Crow Tow will make for an insane bill to pay after you get the whole mess sorted out if you leave it in there.

    While you're sorting everything out, you may as well have the car sitting somewhere that isn't accruing fees. You're going to have a tough enough time recovering ANYTHING at all from the other driver as it is if they were too stupid/poor to be paying for insurance. Your max recovery through small claims will be $5,000 anyway.



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    Re: Small Claims Court

    Quote Originally Posted by cyfreddy View Post
    They have said since we only have liability we are on our own, in pursuing the money.

    I went to Crow Tow today to take a picture of our car, and they would not allow me to take a picture of my own car. I guess I don't understand this process.
    I would think you could get an estimate and take it to small claims. They might not pay, but you'd get a judgment. They probably wouldn't show if it got to that point - if you couldn't settle with them before hand. With that judgment, you can go after them, their bank accounts, garnish wages.

    If you want a second opinion on what to do, you could always ask an attorney. If you don't have one or know one, I have one that would give you his opinion and/or advice for little to no $.



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    Re: Small Claims Court

    Good luck, I bet you wont see a penny. The insurance law is BS in this state. If a person doesnt care enough to carry insurance they probly dont care if you ever get paid. Let your insurance company fight this, that is there job.


    The gap in our economy is between what we have and what we think we ought to have--and that is a moral problem, not an economic one. - Paul Heyne

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    Re: Small Claims Court

    Quote Originally Posted by kingcy View Post
    Good luck, I bet you wont see a penny. The insurance law is BS in this state. If a person doesnt care enough to carry insurance they probly dont care if you ever get paid. Let your insurance company fight this, that is there job.
    Did you read what he said about what his insurance company told him?



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    Re: Small Claims Court

    Quote Originally Posted by CyPride View Post
    Did you read what he said about what his insurance company told him?
    Oops. Still I cannot believe they wont do anything for him. I bet my agent would point me in the right direction anyway.


    The gap in our economy is between what we have and what we think we ought to have--and that is a moral problem, not an economic one. - Paul Heyne

  13. #13
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    Re: Small Claims Court

    Quote Originally Posted by CyPride View Post
    Did you read what he said about what his insurance company told him?
    I finally got ahold of the person involved, and they told me that they have hired an attorney because everybody is blaming her. Go figure, then she was complaining that she still owed 3,500.00 on her vechile. I just don't get this process.



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    Re: Small Claims Court

    All licensed drivers in Iowa are required to have liability insurance or prove that they are self-insured, i believe.

    You may be able to wag the possibility of her losing her license at her as leverage.



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    Re: Small Claims Court

    Quote Originally Posted by cyfreddy View Post
    I finally got ahold of the person involved, and they told me that they have hired an attorney because everybody is blaming her. Go figure, then she was complaining that she still owed 3,500.00 on her vechile. I just don't get this process.
    Were the police involved with this at all?

    Was it clear who was at fault?

    Does she think your son was at fault?



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