Can I take the person who hit my car to small claims for not paying for the damages to my car?

In February I was hit I never been in a car accident
before so I didn’t know what to do. But the lady told
me not to call the police she would pay for the
damages. She took pictures. Told me her name and
gave me a written statement to take it to a shop get a
estimate call and tell her and she will pay for it. It has
been 2 months and everytime I contact her she tells
me she’s waiting on her taxes. Also the lady has
changed her number 2 times to avoid me. I’m
wondering what can I do with this situation. There
was a police report filed for a hit and run. I have her
license plate number. Ik where she works. And I
have her number. I need some advice what to do in
this situation I never had to deal with anything like
this and I think this lady thinks because I’m young
she could do this to me.

Asked on April 20, 2017 under Accident Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the lady has auto insurance, you can file a property damage claim with her insurance carrier for the cost of repairs to your car.
If she does not have insurance and you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your company which will pay for the cost of repairs to your car. Your insurance company will then sue her to recover the amount in expended on your property damage claim.
If she doesn't have insurance and you don't have uninsured motorist coverage, your only recourse is to sue her for negligence in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. You can enforce a court judgment against her with a wage garnishment.


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