Im taking someone to small claims court. I had an accident on 1/23/05. So im tinting for this guy till my phonebook ad comes out, at the time he seemed like a good guy. I didnt have a reason not to trust him. So i park my car in the back of the shop, i always do, its easier for me to unload my tools and stuff. So i finish tinting this car and need to move it out, there are about 4 cars behind me, as we are shuffling all the cars around, one of the detailers backs into my car with a dealer car. Owner of the business says he will take care of me, i say ok, no big deal, Sh*t happens. I didnt get the police involved because i knew this guy, and didnt feel like i had to make a report. I come back the next week and he says let me get a quote from a guy that i know. So he gets a quote and he comes back thinking its way too much, might as well make an insurance claim. So he calls his ins. and they tell him his premiums will go up 50% for the next 3 years. Then he tells me to take it to Miracle auto body because he knows the owner and is getting a good deal. I didnt know anything about miracle at the time so i said let me think about it. So for the next week i ask around for recomendations, everyone says miracle is like earl shieb and maaco. So i tell him i dont want to take it there, he kinda ignors it. another month goes by, nothing happens, he still wont give me any insurance info. another month goes by, still nothing, so today i went to court to file a lawsuit.

My only witnesses are his employees. One is very loyal to him, and the other one is a toss up. He young, and just had a kid so hes gonna need a job. I know i can subpoena him though. Is there anyway this business owner can get off the hook? if so, what can i do to prevent that?

PS. I didnt have insurance that day cause he didnt want to write me a bad check earlier that week, so i had a lapse in coverage.

 

You're pretty much hosed.

 

Man this is why you never don’t clam an accident.

Unless you can somehow show what happened it’s your word agents his. But then again just by filing the suite you might get him to pay. From my experience with the law I would say that unless you have some other evidence other then your word about what happened you are up a creek without a paddle.