no insurance rear ended

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webmusher

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I was stopped on the Parks Hwy with my signal indicating a left turn, two cars came up behind me, the first went around and the second hit me in the rear. I saw it coming an had accelerated before she made contact. My 1998 Crown Victoria sustained right rear 1/4 panel and bumper/trunk damage. Her late model GMC Jimmy was totaled after rolling.

Alaska state Troopers and an Ambulance was called, I declined transport, her and her daughter were transported with minor injuries not requiring medical attention.
A report was filed, I was ticketed for driving with no valid insurance. She claimed at the time to have insurance, but it came to light that she in fact did not.

She has made a verbal agreement to $100 now, $500 a Month for 4 Months to settle, I have not received what I consider to be "good faith" money after two weeks.

There is no way I can afford to hire a Lawyer so on contingency or pro bono would be required. Can I just file in small claims? All I really ant out of her is my vehicle made right, which I estimate at $2000, far under what 3 body shops estimated. I am looking at replacement for a 1998 Ford Crown Victoria Police Interceptor.
 
I was stopped on the Parks Hwy with my signal indicating a left turn, two cars came up behind me, the first went around and the second hit me in the rear. I saw it coming an had accelerated before she made contact. My 1998 Crown Victoria sustained right rear 1/4 panel and bumper/trunk damage. Her late model GMC Jimmy was totaled after rolling.

Alaska state Troopers and an Ambulance was called, I declined transport, her and her daughter were transported with minor injuries not requiring medical attention.
A report was filed, I was ticketed for driving with no valid insurance. She claimed at the time to have insurance, but it came to light that she in fact did not.

She has made a verbal agreement to $100 now, $500 a Month for 4 Months to settle, I have not received what I consider to be "good faith" money after two weeks.

There is no way I can afford to hire a Lawyer so on contingency or pro bono would be required. Can I just file in small claims? All I really ant out of her is my vehicle made right, which I estimate at $2000, far under what 3 body shops estimated. I am looking at replacement for a 1998 Ford Crown Victoria Police Interceptor.

Yes, you can file in small claims.
Yes, you can do it yourself.
That is what small claims courts are alleged to do.

Here's how you do it in AK:

http://courts.alaska.gov/forms/sc-100.pdf

But, there is always a but.

Even if you prevail, you don't get a check.

You get a judgment.

I suggest to you, that MOST judgments aren't worth the paper on which they're printed.

In the end, you'll most likely end up with that piece of paper and never get a dime of recompense.

Why?

You got whacked by a deadbeat.

You, on the other hand, should have had insurance.

That is why people buy insurance.

Now, you'll end up paying a fine to the state, that'll be more costly than insurance would have been.

You still have no insurance, a damaged car, and when you try to get insurance; it'll be even more costly because of this.

Then you have more work to do:

http://courts.alaska.gov/collectionsfaq.htm#2






You may collect the money owed you in one of two ways: either the debtor pays you voluntarily or you can execute on the debtor's property by getting a writ of execution from the judge.
 
ROFL. You can get a judgment in small claims court, but don't necessarily expect to collect from an uninsured deadbeat.
 
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