Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Sep 2019
    Posts
    3

    Default Vehicle Hit While Parked on One Way Street

    Hello Everyone - I will try to keep this short and to the point:

    1. Vehicle was hit by Party 1 via a delivery truck on a quiet narrow one way street in Philadelphia. Misc cars were parked on both sides of this narrow street;
    2. Party 2 car was hit while parked on this narrow street sustained damage from Party 1 truck. Party 2 vehicle passenger side door, front fender were damaged. Headlight assembly on passenger side was completely torn out. Speed limit on street was 25 mph. It appears they were exceeding the speed limit to perform that damage. No police report was filed.
    3. Party 1 driver left note on Party 2 vehicle claiming they hit Party 2 vehicle and left number to contact
    4. Party 2 contacted Party 1. Party 1 told Party 2 to take vehicle to car shop and provide them with estimate;
    5. Party 2 provided estimate which exceeded the value of the car. Party 2 purchased car with 35,000 miles. Car runs fine. Engine ok. Just external damage.
    6. Party 1 balked at the price and low balled party 1 with an offer. Party 2 countered with offer claiming reckless driving by their driver etc etc.
    7. Both Party 1 & 2 agreed on amount which was less that the amount to fix vehicle.
    8. Party 1 stated they will send settlement papers to sign, return to them with notary and they will cut check in 48 hrs.
    9. Party 2 returned papers via certified mail. Letter was received by Party 1 on August 24 with signature.
    10. Party 2 has not received check yet and no contact from Party 1 after Party 2 inquired about status of check.

    What are Party 2 next steps? Small Claims Court? Does Party 2 file small claims in NJ (home state) or PA (accident state)? Should a Sheriff deliver the court papers to Party 1 who is in a north east state? Should Party 2 sue for the full amount to fix vehicle?

    Thanks!!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Vehicle Hit While Parked on One Way Street

    Party 2 is only entitled to the FMV of the car before the accident if it wasn't going to be repaired. If the repair charge exceeds the value of the vehicle, then what that amount is doesn't matter. They aren't entitled to that much.

    Party 2 can file in either where he resides, where the accident occurred, or where Party 1 resides. Best chances of collection are usually obtained when you sue where the defendant resides.

    What "north east state" are we talking about. Sheriffs do not typically go out of their own counties to serve people. You may be able to forward the case to a sheriff in the other party's county or you'll have to have it served by another "responsible adult" as defined in the rules. Small claims in New Jersey are served by mail anyhow (the court takes care of this and charges you a nominal fee for this).

    You should avoid making unsubstantiated histrionical statements. Just because your car was damaged in a fender bender doesn't mean the other driver was "reckless driving." You'll not get additional money asserting that even if you could possibly show it is true.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Vehicle Hit While Parked on One Way Street

    Party 2 purchased car with 35,000 miles.
    Then you obviously must have collision coverage.

    Let your insurance company pay to fix your car. That's what you pay your insurance company to do. Your insurance company will go after Party 1 for reimbursement and refund your deductible when it collects. Your rates will not go up because of the claim.

    Handling this yourself is just plain foolish. Sure, you can sue in small claims court. You'll win. Probably by default when the guy doesn't show up. Once you win you'll have to collect. Good luck with that. Your insurance company has much longer arms and a lot more expertise.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Vehicle Hit While Parked on One Way Street

    I get the feeling that he paid for the replacement out of his own pocket, not insurance proceeds. Hopefully, the other party DOES have insurance. He doesn't mention what mythical NE state the defendant resides in. In some states, a judgment subsequent to an automobile accident can result in the suspension of the driver's license.

  5. #5
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Vehicle Hit While Parked on One Way Street

    Hey everyone. Thanks for the replies. Party 1 Company resides in MA. He is self-insured. Unfortunately, Party 2 insurance did not have collision on the vehicle. Only comprehensive in State of NJ Yea, I know. In hindsight, I should have. It is a 2001. Party 2 admitted in writing that they were at fault and agreed to the settlement amount. What is my strategy here? Someone mentioned that it is tough to get money once Small Claims rules in my favor which they will. How do I improve my odds of getting money.

  6. #6
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Vehicle Hit While Parked on One Way Street

    There's nothing you can do that will impact your chances of collecting if/when you get a judgment. Note that you would need to sue in the state where the accident occurred or the defendant's state of residence.

  7. #7
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Vehicle Hit While Parked on One Way Street

    Ok got it. What if Party 1 defies what I assume would either be a Philadelphia Judge or Arbitrator judgement and does not pay me. What will the Philadelphia Court System do?

  8. #8
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Vehicle Hit While Parked on One Way Street

    Quote Quoting Tyler3075
    View Post
    Ok got it. What if Party 1 defies what I assume would either be a Philadelphia Judge or Arbitrator judgement and does not pay me. What will the Philadelphia Court System do?
    Not a damn thing.

    You will have to pursue the collection methods available in PA. These method include leins on property (both real and personal) which can lead to a Sherriff's sale and levy of bank accounts.

  9. #9
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Vehicle Hit While Parked on One Way Street

    Quote Quoting Tyler3075
    View Post
    What if Party 1 defies what I assume would either be a Philadelphia Judge or Arbitrator judgement and does not pay me. What will the Philadelphia Court System do?
    There's no "defying" involved. A judgment just gives you the right to try and collect. The court isn't going to do anything. The burden is on you to try and collect. The most common methods of judgment collection are bank levies, wage garnishment (for individuals who are employed), and garnishment of receivables (for self-employed individuals and business entities).

  10. #10
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Vehicle Hit While Parked on One Way Street

    If Party 1 is self insured, they may be required to have a bond for a certain amount of money in lieu of having insurance. If that's the case, you should be able to collect from that bond. But I don't know what are the requirements for self-insurance in MA.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Auto Insurance: Car with Lapsed Insurance Hit While Parked in the Street
    By shallowfellow in forum Insurance Law
    Replies: 1
    Last Post: 02-03-2014, 11:44 AM
  2. Auto Insurance: Uninsured Car Hit When Parked on the Street
    By alina1 in forum Insurance Law
    Replies: 5
    Last Post: 09-29-2013, 03:46 PM
  3. Parking Violations: Parked Wrong Way on a Dead End Street
    By Jbmw in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 09-22-2012, 07:21 AM
  4. Towing: Can You Tow Illegally Parked Cars From a Private Street
    By HOA_President in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 09-22-2011, 02:29 PM
  5. Uninsured Driver's Collision with Unregistered Parked Vehicle on a Residential Street
    By Vikki Jezebel Blood in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-21-2009, 02:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources