Question:
In mid Febraury I was in a "fender bender" the guy that hit me (his fault) asked me to get an estamate and then call him about paying for the damages b/c he did not want to go through insurence - the car was also in his mother's name. I thought that was ok ( also got all of his unsurence information BUT the insurence company name - MY BAD). So, the same day as the accident I went to get an estamate for the dameages and it came to $625 + a rental car for 2 days. I told the guy that that if me paid me $300, in about a month (enough time for him to save up) I would get a friend to fix my car for me. So, I called him on the day that we decided on for him to pay me he did not call me back; I also left 3 messages on their family answering machine that following week regarding our agreement; and he did not call me back at all. I did not make a police report (can I still do that?). Could I make a case against him in Ontario Small Claims Court?
Answers:
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In Ontario where there is an accident involving two cars that are both insured in Ontario, the Insurance Act dictates your remidy.
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The Insurance Act section 263(5) says under the above conditions, involving property damage only, you are only allowed (if necessary) to sue your own insurance company.
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Big problem. You did not report the collision. (I'm from Toronto) You could ask a reporting station if it's still OK for you to report since the agreement fell apart. After this is done, ask your broker what could be done legally or if they can help without this going on your record.i think you r sol
you must report an accedent within 48 hrs and since you did not do that i think you r stuck
but it never hurts to try
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oh, and plus you dont have all the info as well
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