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briscov

small claims court in new mexico

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My vehicle was hit while it was parked legally in front of my house.  The driver was driving on the wrong side of the street.  She hit it and then left the scene, drove home which is about 4 houses down and wasn't going to come back butthe neighbors heard the crash and made her come back and tell me.  Like a fool I didn't call the police because her parents didn't want her to have a police report on her record.  My vehicle was totaled as was her vehicle.  Her insurance company was not willing to give me what i think my vehicle was worth so I ended up going through my own insurance company.  They offered me more for my vehicle but not what I think it was worth.  My question is this; can i accept what my insurance offered me and still take her to small claims court for the diffeence of what i think my vehicle was worth....i have several comparisons that i can show the judge.   I do not want to loose the offer from my insurance company but i think they (the person that hit me should put me in a better position to get a vehicle.  I did the family a huge favor by not calling the police as there would have been numerous tickets such as driving on the wrong side of the street, leaving the scene of an accident, no seat belt, speeding.  

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6 minutes ago, briscov said:

My question is this; can i accept what my insurance offered me and still take her to small claims court for the diffeence of what i think my vehicle was worth.

 

Yes.

 

 

6 minutes ago, briscov said:

I did the family a huge favor by not calling the police as there would have been numerous tickets such as driving on the wrong side of the street, leaving the scene of an accident, no seat belt, speeding.

 

No speeding or seat belt ticket would have been written because there would be no way for the police (or anyone other than the driver) to know the driver's speed or whether the driver was wearing a seat belt at the time of the incident.

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None of your "favors" are important.  You are entitled to receive the fair market value of your car, or the cost of repairs, plus a reasonable rental fee during the period of repair.  If your insurer hasn't offer you that, sue it in Small Claims court.  Once your insurer pays you, it owns your rights against the at fault party, including the right to sue to recover the value of the property damage.  If you attempt to sue in Small Claims, you will be in breach of the insurance policy and your insurer may be entitled to recover its payment to you.  If you take the money from your insurer, make sure that you have its permission to sue the at fault driver in Small Claims.

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4 minutes ago, wlight63 said:

 If your insurer hasn't offer you that, sue it in Small Claims court.

 

While the rest of your comments are valid, that one has a problem. Auto insurance policies (contracts) require that an insured must comply with all of the provisions of the policy before suing the insurance company. All auto insurance policies have an Appraisal provision that must first be complied with.

 

As for suing just because one doesn't like the offer, good luck with that. Most people think their cars are worth more than they actually are and aren't likely to win more money in court whether against their own company or the other driver (whose own insurance company will be able to justify its offer).

 

 

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1 hour ago, briscov said:

...that's fair but she was driving on the wrong side of the street and she did leave the scene of the accident.  That would have been some kind of fine I think.

 

You can still file a police report if you want to. You might even be required to depending on the dollar amount of the damage.

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i did call the police and they said it was too late to file a police report.  This happened in August and I have been waiting for the person to get back with me.  I learned a big lesson.  don't believe what you are promised, if no police report if filed then they are in the clear.  They promised to be fair and help me out moneywise....now they don't remember saying that.  

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