Can I file small claims for other driver that isn't paying me for auto accident repairs?

Question

I was recently rear-ended at a traffic light (his fault). I only had a damaged bumper and we agreed to handle it without going through insurance (unless there was more damage) and that he would send me a check. We exchanged information, but stupid me, I managed to lose his info. Fortunately (or I thought), he called me the next day and and I gave him the estimate. He said go ahead and have it done and he would send me a check. Now that I had and fixed and paid for it myself, he appears to be avoiding my phone calls and emails. Is there any kind of recourse I can take at this point (small claims court, etc)? It is only a bumper, but that is still $350 out of my pocket that I shouldn't have to pay.

Answer 1

Yes take him to small claims court and take any paper work you might have including your phone records to prove you have tried to call him and that he did call you once.

Answer 2

It just cost you $350 to learn a lesson. Yes, you could take him to small claims court and, yes, you'd probably win, but after your time and court costs, you're still out some of your expense. Always get a police report. In today's litigious society, he could pop up with a claim against you, claiming that you backed into him and he was injured. If you have a family friend who is a lawyer, perhaps you could get him/her to send a letter or email requesting payment.

Answer 3

Run a reverse search on his phone number to get an address.

Drive by his house to get a plate number.

Give that to your insurance company.

They can give you his insurance company.

Present the bill to them.

Good luck.