Legal Question in Traffic Law in Missouri

Didn't file accident report

In a nutshell:

A truck rolled in to the side of my car in a parking lot causing appx. $1,500.00 in damage. The driver was borrowing the car from someone else and the parking brake either failed or the driver forgot to set it, he wasn't sure which. Since we worked together we made an agreement that he would just pay for the damages to the car and I would not file an accident report. It has been several months, he has taken a different job, and has made no attempt to pay for the damages. Anyway, I was wondering if I still had any rights even though nothing was ever filed. I have witnesses, but I don't really know if that does me very much good. Thanks for your time.


Asked on 11/22/02, 1:40 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Didn't file accident report

You may elect to simply file a suit in small claims court seeking a judgment for your damages. You will need to know either the other party's home address or his employment address for service. The clerks will help you fill out the proper forms. Then, if the other party shows up in Cour to contest the case, you can tell the Judge your side of the story and you can present your witnesses as well. Then, if you obtain a judgment you will be able to garnish the other party's wages if he is still unwilling to pay voluntarily. Good luck!

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Answered on 11/23/02, 6:16 pm


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