Suing For Car Damage Where I Didn't Involve My Insurance

[mpa_24]

My parents were rear-ended by an uninsured girl while borrowing my car. My parents have a friend who is a mechanic, and he offered to do the repairs for half the quotes i was getting from other auto shops, so i thought i didn't need to involve my insurance company. I sent her copies of all the estimates and she agreed to pay for the repairs; i have written e-mails from her. Four months after i sent her the estimates and the actual bill i paid, she finally said she would send me a cashier's check in May. It is now almost August and she has not responded to my e-mail attempts to find out what is going on now. I told her in my last email that i would be taking her to small claims court if she was not willing to take care of the matter soon.

I have e-mails where she agrees to pay for the damages, so i don't think she has much of a defense. I am a little concerned that there might be a problem b/c 1) i was not driving and 2) i did not involve my auto insurance in the beginning?

(She originally agreed to pay b/c she knew she was responsible AND she wanted to avoid getting a ticket for driving without insurance. However, i think my parents might have filed a police report sometime after the accident.)

[jk]

the fact you did not invoke the services of your insurance company is irrelevent.

As well, you were the one that was damaged in this situation whether you were driving or not.

all you will be able to get is what you actually paid for the repairs though ahould you prevail.