Taking someone to Small Claims court for Damages caused by a MVA

[real-brisker]

Make a long story short, someone tried merging into my lane, swiped my car and caused significant damages.

We switched information and he "seemed" to be a nice guy. (I didn't call police, yes I know that was stupid).

I filled with his insurance company, after two weeks they got back to me that there is conflicting stories and they will not accept liability. (basically he lied, and said I went into his lane).

I called my insurance company, and they are paying me out minus my $500 deductible.

-

I would like to take the other driver to small claims to recoup the money, as I prefer not to have a claim on my record.

#1 - Do I have a right to claim the full money, after my insurance already paid out?
Or is it now in my insurances hand?

If I don't have a right, can I take sue him for the deductible, possible premium hike, and aggravation?

#2 - Do I take him, or do I take his insurance company, or both?

#3 - Do I take him to a NY court where I am from, or a NJ court where he is from?

Any input with experiences would be appreciated

Thanks

[ckmk47]

Sorry, RealBrisker, no answer for you.
Just a note to everyone reading this:  Call the cops for a report.  You don't want imaginary passengers with whiplash showing up in their report to their insurance company.
The police do not report this to the insurance company, you do.  So you and the other guy can still keep it off the record if you want to.
The cops don't put in their judgement of who's guilty.  They just write up the damages and take down each version of events. So if the other party lies from the start, it's still a he said / he said situation, and their insurance  may not pay.

[real-brisker]

Sorry, RealBrisker, no answer for you.
Just a note to everyone reading this:  Call the cops for a report.  You don't want imaginary passengers with whiplash showing up in their report to their insurance company.
The police do not report this to the insurance company, you do.  So you and the other guy can still keep it off the record if you want to.
The cops don't put in their judgement of who's guilty.  They just write up the damages and take down each version of events. So if the other party lies from the start, it's still a he said / he said situation, and their insurance  may not pay.

+1
lesson learned!

And may I add, even if he is Jewish!

[kangarruu]

Make a long story short, someone tried merging into my lane, swiped my car and caused significant damages.

We switched information and he "seemed" to be a nice guy. (I didn't call police, yes I know that was stupid).

I filled with his insurance company, after two weeks they got back to me that there is conflicting stories and they will not accept liability. (basically he lied, and said I went into his lane).

I called my insurance company, and they are paying me out minus my $500 deductible.

-

I would like to take the other driver to small claims to recoup the money, as I prefer not to have a claim on my record.

#1 - Do I have a right to claim the full money, after my insurance already paid out?
Or is it now in my insurances hand?

If I don't have a right, can I take sue him for the deductible, possible premium hike, and aggravation?

#2 - Do I take him, or do I take his insurance company, or both?

#3 - Do I take him to a NY court where I am from, or a NJ court where he is from?

Any input with experiences would be appreciated

Thanks

1) Read your insurance contract. It likely says that they're entitled to reimbursement of any amounts that you collect after they pay your claim.

2) Both. Even if you take just him, he'll likely turn around to his insurance company and seek indemnification.

3) A court in the state where the accident occurred. Also verify that your claims meet the requirements for small claims in that state.

[Emkay]

Make a long story short, someone tried merging into my lane, swiped my car and caused significant damages.

We switched information and he "seemed" to be a nice guy. (I didn't call police, yes I know that was stupid).

I filled with his insurance company, after two weeks they got back to me that there is conflicting stories and they will not accept liability. (basically he lied, and said I went into his lane).

I called my insurance company, and they are paying me out minus my $500 deductible.

-

I would like to take the other driver to small claims to recoup the money, as I prefer not to have a claim on my record.

#1 - Do I have a right to claim the full money, after my insurance already paid out?
Or is it now in my insurances hand?

If I don't have a right, can I take sue him for the deductible, possible premium hike, and aggravation?

#2 - Do I take him, or do I take his insurance company, or both?

#3 - Do I take him to a NY court where I am from, or a NJ court where he is from?

Any input with experiences would be appreciated

Thanks

Just curious,  did you contact the guy after and ask him about it?

[avromie7]

+1
lesson learned!

And may I add, even if he is Jewish!

+1 I got screwed by a jewish woman who lied to the cops so they made it a no fault accident

[real-brisker]

Just curious,  did you contact the guy after and ask him about it?

Trying to get a hold of him on a recorded line

[Emkay]

Trying to get a hold of him on a recorded line

That's what I was gonna suggest

[real-brisker]

That's what I was gonna suggest

What tactic should I play?

[avromie7]

Trying to get a hold of him on a recorded line

I use an app called call recorder it's very good but on some devices it only records your half of the conversation if you are using bluetooth

[real-brisker]

I use an app called call recorder it's very good but on some devices it only records your half of the conversation if you are using bluetooth

I plan on talking on speaker and using windows recorder.

[menachem_m]

I've used evaer for Skype and it came out very smooth.

[chuchem]

If he doesn't know he is being recorded it's prob not admisable in court
Also, I dont know what It will hwlp to take him to court if its your word against his

[elit]

If he doesn't know he is being recorded it's prob not admisable in court

That depends on what state youre in i believe

[henche]

Also, before you move the cars, even if you are blocking a bazillion lanes of midtown traffic, get out of the car, and take lots of pictures with your cellphone.

[real-brisker]

If he doesn't know he is being recorded it's prob not admisable in court
Also, I dont know what It will hwlp to take him to court if its your word against his

I would give to insurance company.

My wife witnessed it.
Insurance companies don't count that as a witness, but maybe court will.

Also, maybe he will be scared to lie under the oath.

[Achas Veachas]

My wife witnessed it.
Insurance companies don't count that as a witness, but maybe court will.

I wouldn't count on it.

Also, maybe he will be scared to lie under the oath.

I wouldn't count on it.

[LEARNERBURNER]

I had a similar story like 6 years ago when i was a naive new driver.  Someone slammed into the rear of my car whilst i was waiting to make a turn.  I took his information and let him go after he promised me that we would keep in touch. In hindsight i think that he was probably over the b.a.c. at the time.
I even met with him after i had the damages appraised and he raised issues about the price but seemed willing to pay.
In the end he never returned my calls so i went to small claims court. He didn't show up so I received a default judgment against him. I paid the sheriff's office to collect but the story is that he doesn't have any money in his name. I even sent a collection company , but he doesn't have anything to his name so that's where im upto. You hage to consider all the possible scenarios before spending time and money on recovery efforts.

[lunatic]

To be fair to the op, in many jurisdictions, the cops don't even prepare a report if there are no injuries and all cars can drive

[real-brisker]

To be fair to the op, in many jurisdictions, the cops don't even prepare a report if there are no injuries and all cars can drive

thanks for making me feel better