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!!

