Legal Question in Personal Injury in New York

What are my chances to get money if I will win my claim in Small Claim Court?

My car was hit by another car while it was parked near my home. The driver left the scene in rush. There was no insurance on the car that hit mine. I have only liability coverage. So I had to pay for repair. I filed the claim against the owner of the car that hit mine in Small Claims Court. Recently I got a phone call from the lawyer, who represents liable person. Lawyer told me that there is 90% that I can win the case, but his client has no money to pay. He suggested taking smaller amount in cash and closing the case. I understand that they are trying to save some money on me, but not sure if it's possible to force to pay if they claim they have no money.

Question: If I will win the case who will insure that liable part will pay in full?

Thank you.


Asked on 7/27/00, 5:14 pm

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: What are my chances to get money if I will win my claim in Small Claim Court

If he has a lawyer, he has money to pay. You have nothing to lose by going to Small Claims Court. Get the judgment against him and then negotiate from a stronger position. Don't take less than 75% of what you are owed. if you need more help, contact 212-208-2470. Best of luck!

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Answered on 9/25/00, 9:40 pm


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