What to do if my car was hit and the other party was not insured but agreed to pay for damages yet now is defaulting on the verbal agreement?

UPDATED: Sep 29, 2022

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What to do if my car was hit and the other party was not insured but agreed to pay for damages yet now is defaulting on the verbal agreement?

We did not sign any agreements. He got insurance after the accident but the accident with my car is not covered. He took me to a bodyshop to have my car repaired but the estimate was too low in my opinion and I don’t trust the body shop. What legal recourse do I have? I never reported this to the police and it happened about 4 weeks ago.

Asked on November 2, 2015 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue him: if you can prove in court that the other driver was at fault (e.g. caused the accident by driving carelessly, such as too fast, or texting while driving, or going through a stop light or sign, etc.) and caused certain damage to your car, you can recover the cost to repair that damage--either hte actual cost, if you have it repaired pre-trial, or the reasonable cost, as shown by, say, 3 different estimates, if not done before trial. Suing is the only way to recover money in cases like this if the other driver refuses to voluntarily pay. If the amount at stake (e.g. the cost of repairs) is less than the limit for your small claims court, suing in small claims, acting as your own attorney ("pro se") is a good option.

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