If someone backed into my car in a parking lot and we agreed to not file report with cops or insurance companies, what can I do to get him to fix my car?

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If someone backed into my car in a parking lot and we agreed to not file report with cops or insurance companies, what can I do to get him to fix my car?

He wrote a letter and signed it along with his wife that he would pay for all damages and that he did hit my car with date. I took a photo of his license plate and his drivers license. He has not returned my attempts at contacting him.Is it too late to file a police report and insurance claim? With his license plate number and drivers license info is there a way to find out who his insurance company is?

Asked on December 1, 2012 under Accident Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may be too late to report a claim to your own insurer, if you have the appropriate insurance (e.g. collision)--it depends on how long ago this was, since insurance policies require prompt reporting of claims by their insured. It's also probably too late to file a police report. But what you can do is to sue the at-fault driver: you can file a lawsuit against him, including possiblly in small claims court (where you can act as your own attorney, saving on legal fees) for the money based on both his negligence in backing into you and on his breach of his signed agreement to pay. If he has insurance, he'll presumably forward the lawsuit to his insurer, but from your perspective, it doesn't necessarily matter whether he does or does  not: you are suing him, as the person at fault, and his insurer merely provides a source of payment for him.


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