What can I do about this accident?

[duckfeet0]

This accident occured in the state of New Jersey.

Alright here's the story. This happened exactly 2 weeks ago. I'm 17 years old and I was going to the diner after prom and I got pulled over. I got a speeding ticket and a ticket for being out after curfew on my provisional license. After the diner I was heading home and my 17 year old friend backed into my car. I honked twice and she failed to stop, she dented my door with damages worth $1100, everyone saw it happen. She said she'd pay, but now she's only willing to pay little by little and whenever it's convenient for her. She says if I try to take this to court I'll get my license suspended and a $5000 fine for driving after I got a ticket. She wasn't allowed to be driving either but I already got a ticket before so I guess it's alot worse on my end. So even though the accident was completely her fault, I really can't do anything to make her pay.

Is there anything I can do besides hope she eventually pays up the money?

Thank you so much.

You can still sue her in small clams. She did cause the damage and the small claims court is normally not going to get into your license issue.

[maxjlone]

You can tell the truth and let them determine liability. If you are at fault, suck it up and deal with the consequences.
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Civil court and Criminal Court are 2 different animals. I am unfamiliar with NJ law on curfews and yadda yadda yadda, but it sounds like she is intentionally scaring you out of holding her responsible for your damages.

If you have insurance, report the claim immediately. If you have collision coverage, they can fix the damage to your vehicle and seek payment recovery from her. All they need are the witnesses names and telephone numbers so they can take recorded statements in place of the police report. And whammo - negligence is established.

If you do not have insurance or the damage is below your deductible - small claims court would be your only option. Do not be intimidated by her antics. She was responsible for your damages and she should have to suck it up and pay to have your vehicle repaired.

If there was no police report made at the scene, chances are the police are not going to take one from you now because it has been so long since it happened and it was on private property. I am unfamiliar with NJ law when it comes to the uninsured motorist coverage....but speaking for the state of GA, we have to have a police report established with in 10 days of an accident in order to file under our UMPD coverage.

So you pretty much have 2 options:
1.) Gather all the witnesses phone numbers, names, and addresses. Call your insurance company and report the claim. Give them the tag number, name, address and phone number of the chick who hit you. Your insurance company will fix your vehicle and seek payment recovery from her.

2.) Gather all of the same information listed above. Call the chick and request her insurance information, if she does not give it to you - threaten small claims court. Write her a letter and include a brief description of what happened in the accident. Finish the letter by requesting her insurance information. And end the letter with a dead line for her response. Go to your post office and mail a certified letter to her, please request a signed letter receipt. That way she is forced to sign for the letter proving in court that she acknowledged what you wrote and what you requested. Next - ask you witnesses if they will take recorded statements from you (if over 18!!!) or if they can come with you and testify in small claims court.

Good luck.

[maxjlone]

That's very good answer . I totally agree with you. It is very useful to us..You have done an great job.Such an informative and well formed post!Thank you for sharing that, it was wonderful of you.

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