Source
r/legaladvice•
IntellectualPurpose

Did I just screw myself over?

Small Claims Procedure

So three years ago, some asshole hit my car while it was parked in front of my house and dented the hell out of it. I called my insurance to file a claim, only to discover that my plan had expired a few days previous. So I haven't gotten it fixed. I did get a police report, some repair estimates, and the asshole's information, though he didn't have insurance either.

I live in NC. I did consult with some attorneys and they said it would be easier/cheaper to file the small claims myself. My problems are that I'm a working mother who lives paycheck-to-paycheck and works 9-6. The asshole lives in a middle-of-nowhere county 40 minutes away. I have some anxiety about dealing with court systems and government, plus COVID hit and I have a weak immune system. My statute of limitations is about to expire in, like, a few days. I know I'm a weak-ass idiot for not going and filing sooner. But I'm already taking a risk with my job going to the courthouse and filing tomorrow and coming in late, at an unsure time.

Is there any way this can still work? Or did I just totally screw myself?

Posted May 10, 2022, 4:20 PM UTC

15
DiabloConQuesoQuality Contributor•

You can file before the statute of limitations has expired.

I'm not sure you have a ton of options beyond that seeing as how no one's insurance company is going to be involved to handle it for you.

6
Sirwired•

If you file before the SOL expires, you have a viable suit. However, you may have trouble collecting if/when you win.

3
IntellectualPurposeOP•

Out of curiosity, why would I have trouble collecting? Just waiting for the asshole to pay or whatever?

0
Sirwired•

People without insurance often don't have insurance because they have no money. If they have a job, certainly measures like garnishment may be an option, but they will be additional hassle and paperwork.

2
IntellectualPurposeOP•

Gotcha. I know he gets VA disability, at least that's what he said. This whole thing has been--when I've had the money I didn't have the time, then vice-versa. So the rage has built up to the point where I'll file that paperwork to garnish his benefits if it gets me what's mine.

-1