Can i take the person to small claims?

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Can i take the person to small claims?

My car was parked on the street. My insurance had recently lapsed. A woman backed out of her driveway and hit my door. I was working at the residence that my vehicle was in front of. The kid that lived at the residence came and got me from the back yard. I go out front to see the damage. My door has a pretty nice dent and paint transfer. She apologizes and proceeds to tell me she works at a dealership and her body shop will take care of it as she didn’t want to file a claim given my position that worked for me as well. The dealership wanted to keep my car for 4 or 5 days and that wasn’t feasible. She put me in contact with the body shop manager who took the vin number and ordered the part. However, when the part arrived, she decided she was no longer going to pay for it. I have pictures of the damage. I have text messages from her basically admitting fault and I have the kid that was there as well as my boss. She also gave me her insurance info. Even though I didn’t have insurance at the time, can I take her to court to sue for the damage of the vehicle?

Asked on July 25, 2016 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, when someone else negligently, or unreasonably carelessly, damages your property (like your car), they are liable, or financially responsible, for the cost to repair that damage. Hitting a stationary object is essentially careless by definition, so there is little or no doubt but that the woman is liable; therefore, if she won't pay voluntarily, you can sue her for the cost to repair your car and any related costs directly flowing out of the accident, such as if you had to have your car towed, or have to rent a car for a few days while repairs are made.


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