wantone

Let's say hypothetically you're driving near a park and some kids playing softball throws one at you and nicks you car, or a cyclist riding besides you in the city and slams into your car, better yet, a skater losing his board and the board comes slamming into you... Assuming you're able to catch the aggressor, what is the procedure to make him/her pay?

PokS2k

I would think you would go thru your insurance and let them worry about collecting. Otherwise, I would guess you would have to bring a personal lawsuit against them or their guardian.

ralper

I would think that it would be easier to collect from an adult than from a child or teenager for a number of reasons. First, I would think it more likely that an adult would have property of value and secondly, I would think there would be more protections for a child or teenager.

I imagine that you would probably go to small claims court up to the point where you would report it to your insurance company as mentioned by Jim. I wonder if there is any difference if you can prove malicious intent. Can you file criminal charges? Would this help in a civil suit?

Where is Bill? Where is Julie?

Bob Moss

Too incredible! This happened to me last summer. A female on a mountain bike ran a stop sign where a bike path intersected a city street. I was going 20 MPH well below the limit. She caught my S2000 just behind the front wheel and scraped along the passenger door back to the rear wheel well leaving a large scratch and several pronunced dents. Fortunately she was not hurt....

To answer the question I took her personal and business information. What I should have done was summon the police to confirm the incident and assure the absense of injuries. Further it may have indicated whether or not she was loaded. I think she may have been, and it might have actually resulted in an arrest or some type of a charge. She claimed to be "looking at a bird" as she blew off the posted, large red STOP sign. She was somewhat of a "trailer trash" type in appearance and speech but it was not a bad looking bike.

I reported the claim to Allstate who pledged to pursue the perpetrator. I had the damage fixed for a total of $2100 for which I had to pay my $500 deductible. My insurance discovered she had no insurance of any type, and that it possibly may have been covered under her homeowners if she either owned a home or had insurance. Which she had neither....

Allstate contacted her employer as well as the rider herself to no avail. I suppose I could have gone to small claims for my money. I got a letter from Allstate telling me I could go after her myself but they were sorry, it was a dry hole for them.

Hope this answers the question and assists someone in the future.

wantone

Thanks Bob but I think another question should be: How do you hold that person till the cops come???

Bob Moss

You really forcibly cannot I suppose. In this case she was pretty stunned of course but basically cooperative at the scene. If the person splits I guess the police could pursue them but I kinda doubt you would get a lot of attention especially in relation to more serious "crimes" which may be in progress. Or perhaps they (the cops) would be enjoying a Krispy Kreme and might advise you to buzz off.

Nickfromny

Personal liability is covered by a Homeowners policy for Bodily Injury and PROPERTY DAMAGE that one might cause and be found liable for. Renters homeowners also provides this coverage. This is the MAIN reason every one that leaves their home and walks down the stree should carry Homeowners insurance. I call the coverage "lawsuit insurance" and the stray golf shots I hit are reason for me to buy high limits of this coverage.