At fault uninsured motorist taken to small claims

[farmmee]

I hit my neighbors parked car and gave her my insurance info. Since I did not want to have it on my driving record, I told her that I would consider paying the damages since it was an old car . Afterwards, I was notified that my insurance had lapsed (we had just moved and things were hectic and I thought we still had insurance) and that it woudn't be covered which is fine since I had agreed to pay for the damages.

However, the neighbor comes back with a repair cost on of $3700. Blue book value on the car in excellent condition is 1700 to fair at 1000. She insists she wants it fixed otherwise she will take us to small claims. Can she do this to recover damages in excess of what the car is actually worth by almost 3x's? This seems like extortion. As soon as I found out the insurance had lapsed, we went in the next day to renew. I am admitting to it being my fault but just don't think it is right for her to gouge us. Why repair a vehicle for 3700 if it is only worth 1500 at best? Even insurance companies will just total her car and give her ACV. She even has the option of filing an uninsured motorist claim with her insurance but she doesn't want to...Im assuming because she knows they would just total the car and she could extort more from us.

What are my options? Chances of a fair judgement in small claims? Is it a lost case and I should just pay her? I'm not opposed to paying her...it just seems a lil unfair that she is doing this although I am aware I should have had insurance....the principle of it....getting sued for more than what it is worth seems a lil greedy.

Any comments (however blunt) would be appreciated!

[Mr. Knowitall]

If she sues, you can present evidence to the court of the market value of the car, and argue that given the car's age and value the best measure of damages would be diminishment in value, not cost of repair.

[IAAL]

If she sues, you can present evidence to the court of the market value of the car, and argue that given the car's age and value the best measure of damages would be diminishment in value, not cost of repair.

My response:

That is, if the vehicle value is $1,500.00, and the writer is ordered, by judgment, to pay $1,500.00 to the plaintiff, the writer is, in effect, "buying" the vehicle, and has a right to the title of that vehicle upon payment of the judgment. The plaintiff cannot have both the judgment and the vehicle. To do otherwise would allow the plaintiff an "unjust enrichment."

IAAL

[Guilty Or Not Guilty]

If the vehicle is in view try and get a few pictures of it, especially the damages. Take the pictures to at least 7 collision shops to get an estimate to find out the true repair value with no insurance. Have a check written out for the amount of the estimate offering it to your neighbor. If your neighbor disagrees with you go to small claims with your neighbor showing the pictures, the estimates and the blue book cost to the judge.

[IAAL]

If the vehicle is in view try and get a few pictures of it, especially the damages. Take the pictures to at least 7 collision shops to get an estimate to find out the true repair value with no insurance.

My response:

Take the pictures to the repair shop? Surely, you jest.

Take the pictures to "to at least 7 collision shops . . ." You have GOT to be kidding.

IAAL

[Guilty Or Not Guilty]

IAAL, I understand you have an attention disorder problem. I don't mind giving you support. You are on the wrong site. Check out the following link so they can help you: http://www.add.org/ . I advise you to get help with your mental problem soon as possible before you start reqesting help from us on how to get out of jail. I 'm sorry you have that problem.

Good luck,

Guilty Or Not Guilty

[aaron]

I know there's a lot of bad blood between IAAL and a number of other posters here, a lot of it relating to what happened on another board. I would appreciate it if as little of that blood as possible - better yet, none - splashes onto this forum. Thanks.