Small Claims court...Is It Worth All of the Hassle?

Yes, I collected the full cost of my car, cost of film+developing, and time off from work. I was sent to mediation. They agreed 100% with me. He tried to get out of paying and I told him I know about his home and all his vehicles and I was prepared to give the judge the information and he would seize assets to pay me(he probally would not have). He paid that day.
There was one form. I showed up when they told me to and I showed them proof. It was easy.

Updated

Yes, I collected the full cost of my car, cost of film+developing, and time off from work. I was sent to mediation. They agreed 100% with me. He tried to get out of paying and I told him I know about his home and all his vehicles and I was prepared to give the judge the information and he would seize assets to pay me(he probally would not have). He paid that day.
There was one form. I showed up when they told me to and I showed them proof. It was easy.

You might not see the money but it will affect their credit, so you should just do it for that reason.

Since you have his information, give it to the insurance company for them to go after him. That's what we pay insurance for. I just resolved an issue today with my insurance company, they went after a girl that hit my daughter at school.

.

Give the info to your insurance company.
My husband was on his way to work when he was hit by an uninsured driver also. Not sure how they had a valid license, since in our state you are required to have auto insurance also, but....
Our deductible on our policy is $500, but with our uninsured motorist coverage, and PROOF that the at fault driver was uninsured (the police report), that was reduced to $250. Of course, they go after the at fault driver to recover it on our behalf, but they haven't had any success. I doubt that you would get anything, if your insurance can't (unless it is merely b/c they can't locate them). And if your insurance co. simply can't locate them, give them the location info and let them give it another go! Frankly, I figure someone who isn't able to pay their auto insurance premiums, is unlikely to worry too much about being sued for $250 (in our case). We would LOVE to recover that $$. It wasn't OUR fault that the woman hit my husband HEAD ON by driving into his lane over an overpass. But we moved on. We are grateful that my husband was uninjured (scrapes from the airbag deployment) and only used two days of sick leave (shock-adrenaline and unable to sleep the first night so he couldn't work the next day afterwards either).
Give whatever assistance you can to your insurer, and let them deal with it. Be satisfied that everything turned out okay for you and your baby. There are worse things.

Hi i just recently took some one to small claims and i won then he apealed and i won again. It's up to you if you want to go forward. Mine was for a bathroom contractor who took our money and quit the job less than half way through, so we were awarded $7,605.00. but now it is up to us to collect and i hope that does not turn out to be a nightmare. Mine was only two times to court and i was fortunate that i didn't have to miss work. and the court time was minimal. Like 2 hours each time. Good luck with what ever you decide to do. J.

If the insurance company couldn't find them, how are you expecting to collect? Seems like a waste of energy to me.

Unfortunately, its probably not worth it.. We took one of our tenants to court 5 years ago. They owed us 3k, they were guilty and had a judgement of 3k put on them that they had to pay back. We still havent seen a penny.

First, find out how much it will cost to file the claim. Also, how much is your time worth per hour? You will have to take a morning or afternoon off to go to court.

If the insurance company can't find him and you can, let them know so they can take him to court instead of you. Most insurance companies reimburse you your deductible first. You'll also need to check the statute of limitations to see how much longer you have to take legal action.

Hmmm, so if they didn't have insurance OR a DL license, do you really think they have $500.00? Highly doubtful. And, if you did win in court, it doesn't mean you always will get the money. The judgement may be for you, but actually getting the money is another story.

It's probably not worth it for the following reasons..
1. How much does it cost to file? I'm guessing it's at least $50.
2. If the insurance company can't locate the person, how will you be able to locate him?
3. Are you working? You'll need to loose another day's pay to go to court.
4. If you do win in court, a judgement will be entered against him, but that doesn't mean you'll get the money any time soon.

Do you know where the person is?
Do you think he has $500.?

This is why uninsured motorist coverage is so important to have! I'm a claims adjuster and see this all the time. It is highly unlikely that you will collect from him. Your insurance company has lost out on a lot more money than you have and will not be able to collect it from him, but if you feel like it's worth a shot just keep in mind that the statute of limitations in CA is 4 years from the date of loss and you stated that 2 years have already gone by.

You said the insurance company couldn't locate the person. Without knowing where he is so that he can be served it makes no sense to pay the fees to file in Small Claims Court. If you think you can find him, I suppose you could file so that it's in the system once you locate him. However, I'd try to locate him first. If you don't locate him you're out the filing fees.

well my husband was in a car accident two years ago as well, not his fault and same story, the driver that hit him had no insurance. After two years they finally went to court last month (small claims) and now the guy who hit my husband owes him for damages and hospital fees. So yes, get your 500 back that u did not plan on spending. good luck

Doubt it. If the guy can't afford insurance, I'll bet he doesn't have $500 sitting around. I don't know what the statute of limitations is on a small claims case either, I suspect you're getting close at 2 years. Personally, I'd just be grateful you were only out $500 and that you and the baby are ok!

Hopefully you reported it to the police they would have impounded his car. If you need help in locating this person I have a lot of resources and In would like to help you free of charge just let me know.

Updated

If you win the judgment you can attach his salary that might be one option

Take him on Judge Judy. If you win, you will get your money because the show pays for the judgments. (I am being serious.)

It's probably not worth it. Whatever information you have on the guy, the insurance company probably had the same information, so if they weren't able to locate him, you probably won't be able to either. If you can find him and can serve him, you will likely win, however collecting is another issue. Not sure what it entails to garnish wages, but if you win, that may be your only option to collect. Here is a website for California Small Claims Court questions and answers that covers how to collect on a judgment: http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectm...

Seeing as how this would likely be the most difficult aspect, perhaps read this over to decide whether it would be worth your effort. Also, remember that you will be paying the court fees initially to file a small claim and paying to have the person served so you will be sue'ing to have your court costs paid as well. If you're unable to collect on the judgment, you will also be out that money as well.

Best of luck,
S

I don't think it's worth it. If the insurance company can't locate him, how will you? And, I've been to small claims before. It's easy to win. Collecting is another story. I have two winning claims ($2500+), but I can't collect. That said, if you've got the time and willing to spend up to $100, then file the claim, I guess it can't hurt and maybe you'll get lucky.
Good luck.