Someone hit my door in a private parking lot. They wanted to settle out of pocket. Now they are changing their mind.

Bottom line question is: can I file in small claims court without a police report? I notified my insurance when it happened and have pictures/videos/written correspondence from other party that they are at fault.

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Alexander703 t1_jb597nl wrote on March 6, 2023 at 3:17 PM

Never settle out of pocket. Always get their information and let insurance battle it out for you. Some older guy rammed into my car while I was pumping gas and insisted he pay $300 cash on the spot for the hole he punched in my bumper. I went through his insurance and they ended up shelling out $900 for the damage. I fixed the hole myself and pocketed the $900.

Tayl44 t1_jb5tud9 wrote on March 6, 2023 at 5:34 PM

How honorable of you.

Alexander703 t1_jb72y80 wrote on March 6, 2023 at 10:46 PM

It’s as simple as don’t hit my car. You damage it, then I’m entitled to compensation from your insurer.

Charlesinrichmond t1_jb54u90 wrote on March 6, 2023 at 2:45 PM

Yes

DriveRVA t1_jb56s8e wrote on March 6, 2023 at 2:59 PM

Here is a summary of Small Claims court in VA. Sometimes just the threat of going to court is enough to get the other person to pay up because in court besides the actual damage cost you can ask for reimbursement of court fees and the cost of your time to take off of work to be in court. I can not say if a judge would award you everything but the dollar signs add up even just for a threat.

You can let them know something like "I am reaching out to you one last time before I file a formal suit in court where I will be seeing my repair costs, court fees, and compensation for the day off of work I will need to take to attend. I would still like to work this out between ourselves directly or with your insurance company but I will take these next steps if this is not resolved"

I am not a lawyer and no one would ever mistake me for one, this is just my own opinion of your options

I_Got_A_Truck t1_jb54i62 wrote on March 6, 2023 at 2:43 PM

Does that mean they don't want to settle at all? I'd be like, "okay, let me just do the same amount of damage to your door and let's call it even."

mize68 t1_jb5tgtg wrote on March 6, 2023 at 5:31 PM

Police wouldn't do a report on that situation.