QUESTION

If I got hit by a car without insurance can I collect money for my vehicle on my own?

Asked on Jul 22nd, 2014 on Personal Injury - New Mexico
More details to this question:
At the accident Sept. 27, 2013 a girl hit me in a 2002 Camaro. It would have been a head on collision if I wouldn't have swerved to the right. She said she didn't see me and that is why she hit me. When the officer came he let her go first even though there were signs of alcohol on her. She was pulled over 3 minutes later by sheriff’s dept. Because she had no headlights because her front end was attached to my Yukon. I did not get citations and the officer failed to make a police report. It took 6 months and the reason I finally got a report was because the sheriff’s dept. gave me an incident number so I could go to the city police to get a police report. It is unknown why this officer did not do the report maybe he knew her or she was family either way the officer is wrong not to do his job. It has taken me 10 months to locate her and I have spoken to her three times now. I found her car downtown at a loan company and I called the city police to go and ask her information on her insurance. She had no insurance nor did I. On the third time talking to her she said she could afford $1000. I had asked for $4000. Half of what I paid for my Yukon. When she said she would $200. On August 8th then payments after monthly. I told her I'd settle for $1,500. Am I cutting myself short on what I can receive by not taking her to court? It would cost me $77 to file and take it to court. If she really cannot afford to pay more would I even get what I originally asked for?
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1 ANSWER

You can certainly take her to court and the costs that you expend may be recoverable at the back end of the litigation. But the real question is, will you be able to collect from he? Many people are simply judgement-proof or, if not, will go to great lengths to dodge creditors. You can spend a great deal of time and energy and money chasing wrong-doers down, getting them served and trying to get them to respond or to even go to court. Oftentimes they don't. And so, you can win the case and still have a difficult time trying to collect. There are further remedies available that may assist you in your collection efforts, but they too will require serious commitment and energy. For instance, Writs of Garnishment, notice to the MVD requesting suspension of their drivers license in an effort to leverage payments due. Good luck.
Answered on Jul 24th, 2014 at 3:56 AM

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