Legal Question in Personal Injury in California

Fender Bender, Will not Pay for Damages now

I was involved in a rear end fender bender where the person at fault told me she would pay for the damages ''out of pocket'', Knowing the damages were under $1000.00, I agreed to not involve her insurance company. Now I can't get the person to take my calls or return my messages after I had my car repaired. What can I do?, should I call their insurance company or report this accident to the DMV?

Thought I was helping them out and got screwed!


Asked on 9/30/03, 11:27 pm

3 Answers from Attorneys

Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Fender Bender, Will not Pay for Damages now

You were supposed to file a SR-1 DMV form within 10 days if there was over $750 in damage (or over $500 if it happened before 1-1-03). Definitely contact her insurer in writing and make a demand and attach a repair bill, estimate or invoice. Good luck and thanks for your question.

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Answered on 10/02/03, 8:40 pm
Jason Hsu Una Law Corporation

Re: Fender Bender, Will not Pay for Damages now

As another response stated, whenever you are involved in a car accident in california you should file an SR1 with the DMV (depending on the amount of property damage).

If the other responsible party is not responding to your injury or damage claims, you need to open up a claim with responsible party's insurance company using the information he/she gave you (which, hopefully, was not false).

If there is no luck there, you may have to claim against your own insurance if you have that type of coverage; however, it may not be worth it if you have a deductible that is at or near the amount required for repairs.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 10/02/03, 9:16 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Fender Bender, Will not Pay for Damages now

Do all the above and sue in small claims court.

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Answered on 10/03/03, 11:45 am


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