What is the best way to get my money from a guy who smashed my parked motorcycle and had no insurance or license?
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What is the best way to get my money from a guy who smashed my parked motorcycle and had no insurance or license?
It was at my apartment complex, private property. The police were called and a
report was taken. The guy promised to get me the money I needed to fix my bike but it’s been 2 months since I gave him the estimate but no reply. He is my
neighbor.
Asked on September 14, 2016 under Accident Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Sue in "regular" court--there is no law saying that you can only represent yourself (I assume that's why you wanted to sue in small claims--to be your own lawyer ["pro se"] and save on legal fees) in small claims court. You can file a lawsuit in country court for the $4,900. While it will take longer and *is* procedurally more complex than in small claims, it's not so complex that an intelligent layperson cannot do this; moreover, this is fundamentally a simple case: a person who runs into a parked or stationary vehicle is essentially by definition at fault, so establishing liability should be simple.
The only way to get money from someone when they damaged your property and refuse to voluntarily compensate or reimburse you is by suing. If you want to sue, you can find your court rules online and get instructions from the court clerk's office.
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