Source
r/legaladvice•
_boardwalk

In an auto accident with a uninsured driver, small claims court

So someone hit me on my motorcycle. At the time I was frazzled at the time and didn't call the police. I filed a claim and find the car was uninsured. I don't have uninsured motorist property damage, so my insurance company can't help. The bike's frame was bent, so dealers won't touch it and independent bikes shop would only swap the frame if I find one, but I would have to get it retitled as reconstructed, as far as I can tell. That's all a huge pain I really shouldn't be dealing with on my own time.

I'm considering bringing them to small claims court to try and get the value of the bike, as it's by most standards totaled. That'd be $~4200 (this is in Texas, the max for small claims is $10k). I have clear video of the accident and photos. Also, the driver was a kid who was unlicensed (yes, I should have called the police).

I'm willing to do this even if I don't succeed, just to make things right: This father shouldn't have his kid driving around unlicensed and uninsured -- to then get in an accident and then refuse to provide any recompense is just too much.

I'm wondering what y'all have for advice and my chances here. What do you think? If there's any information I've forgotten to provide, let me know.

Posted Dec 19, 2019, 6:14 PM UTC

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[deleted]•

[removed]

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_boardwalkOP•

I've tried to file a report through 311 but they seem basically uninterested. Their position essentially seems to be if a peace officer wasn't involved at some point they won't do anything. Even having mentioned evidence. I've gotten slightly different advice calling back a few times, but the gist was the same.

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AlwaysTalkToTheCopsQuality Contributor•

It's a lot harder to blow you off when you are actually standing in front of the officer in the station house (and are not just a voice on a phone).

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reddituser1211Quality Contributor•

If you can prove the other driver's liability in the accident, it would seem you have a reasonable claim for fair market value of the bike less salvage value. You may also have a claim for a rental vehicle for some reasonable period of time following the accident.

Obviously we can't guess what arguments may be made on the other side, or whether you might recover your judgment should you take one.

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_boardwalkOP•

Good point on the salvage value, thanks. I should probably just consign it and get the actual value.

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