Brief synopsis: Neighbor hits car 3 months ago, causing $1800 in damages. No police/insurance was involved. Neighbor made promise to pay me. To this day, I've only received $200 with no idea when I'll get the rest.
Question: Since I don't trust this guy at all and since he's being very rude throughout the ordeal, I'm going to assume I'll need to bring him to small claims court to spur him into action. Apparently he spoke with a lawyer who said that I have no case since no police were ever involved. Nonetheless this is a civil matter, and he did damage my property, so I do have a valid case (right?). So the only problem is whether I'd be able to convince the judge to rule in my favor, right?
Edit: Clarification of questions/comments raised:
1) I've exchanged numerous emails with him, and I have one recorded message from him on an answering machine. I do not recall him explicitly saying "This is _____, and I hit your car on December 29," but I do believe there is enough support to prove that he did hit my car.
2) The initial $200 payment was a check. It has been deposited (though not necessarily cleared), and I do have a photocopy of it.
3) Yes, I was trying to be neighborly, and he exploited it. I'll agree with everyone that I'm an idiot in not involving the police.
4) My claim is under the state maximum for small claims court.
5) There were several witnesses (his 2-3 friends in his SUV). I should also state that this happened when my car was parked. He managed to back up into my car. Like the idiot I am, I didn't get their contact information either. This happened as I was in my living room watching tv. I went outside and he identified himself as my neighbor, said he hit my car, and gave me his business card.
6) I don't know what's the status of his car. The other person hasn't been very good at keeping open lines of communication. I do not have physical proof that he actually hit my car. By the time I had realized I had my camera, he had already left, so all I could do was photograph the damage of my car.
7) A couple days after the accident, I went to two body shops to get repair estimates. I still have the written estimates.
8) The total damages were actually upwards of $2100. We agreed to settle at $1800, and I have the email stating our agreement. If I were to go to court, would it be possible to renege and ask for _full_ damages?
The reason I asked this question in the first place is that, in an email, he said he spoke with a lawyer who said that I wouldn't have a case at all since no police were involved. I'll try to consult someone vested in these matters, but I'm not sure if he's bluffing or not. This guy has dragged this issue out for 3 months already, and he's only told me that he'd make several installments "as big and often as possible to take care of this asap." I don't exactly trust him to keep his word, so I'm thinking it may become necessary to get an order to garnish his wages.
Here's pictures of my car, before and after
Question: Since I don't trust this guy at all and since he's being very rude throughout the ordeal, I'm going to assume I'll need to bring him to small claims court to spur him into action. Apparently he spoke with a lawyer who said that I have no case since no police were ever involved. Nonetheless this is a civil matter, and he did damage my property, so I do have a valid case (right?). So the only problem is whether I'd be able to convince the judge to rule in my favor, right?
Edit: Clarification of questions/comments raised:
1) I've exchanged numerous emails with him, and I have one recorded message from him on an answering machine. I do not recall him explicitly saying "This is _____, and I hit your car on December 29," but I do believe there is enough support to prove that he did hit my car.
2) The initial $200 payment was a check. It has been deposited (though not necessarily cleared), and I do have a photocopy of it.
3) Yes, I was trying to be neighborly, and he exploited it. I'll agree with everyone that I'm an idiot in not involving the police.
4) My claim is under the state maximum for small claims court.
5) There were several witnesses (his 2-3 friends in his SUV). I should also state that this happened when my car was parked. He managed to back up into my car. Like the idiot I am, I didn't get their contact information either. This happened as I was in my living room watching tv. I went outside and he identified himself as my neighbor, said he hit my car, and gave me his business card.
6) I don't know what's the status of his car. The other person hasn't been very good at keeping open lines of communication. I do not have physical proof that he actually hit my car. By the time I had realized I had my camera, he had already left, so all I could do was photograph the damage of my car.
7) A couple days after the accident, I went to two body shops to get repair estimates. I still have the written estimates.
8) The total damages were actually upwards of $2100. We agreed to settle at $1800, and I have the email stating our agreement. If I were to go to court, would it be possible to renege and ask for _full_ damages?
The reason I asked this question in the first place is that, in an email, he said he spoke with a lawyer who said that I wouldn't have a case at all since no police were involved. I'll try to consult someone vested in these matters, but I'm not sure if he's bluffing or not. This guy has dragged this issue out for 3 months already, and he's only told me that he'd make several installments "as big and often as possible to take care of this asap." I don't exactly trust him to keep his word, so I'm thinking it may become necessary to get an order to garnish his wages.
Here's pictures of my car, before and after
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