Legal Question in Civil Litigation in California
Hit in Parking Lot
My car was backed into in a local parking lot and the other person that hit it was in the military like me and i did not call the police or contact his insurance company about the accident. He agreed to pay me money every time he got paid until the $1200 worth of damages were paid for. He got out of the military without completely paying for the damages and now i dont know what to do. If i take him to court do i even have a case? What options do i have?
1 Answer from Attorneys
Re: Hit in Parking Lot
If the accident occurred within the last three years you could sue him in small claims court for property damages, giving him credit for the payments he has made. If the accident occurred more than three years ago you could sue him in small claims court for breach of the agreement to pay you. The consideration for the contract was your agreement not to sue or contact his insurance company and he would make regular payments on the amount due. The statute of limitations began to run on the date that the last payment was missed.