Legal Question in Civil Litigation in Missouri
accident- other party has no insurance
If I was in an accident and both parties agree it was their fault--- they turned into oncoming traffic---but they don't have insurance. I only have liability. My car is totalled. No one was injured. Cost for towing was over $300. I can't afford to have someone estimate damages but the worth of my car is about $3000. Can I draw up a written agreement between both parties for her to pay me $300 per month to pay for damages. Can I have money garnished from her wages without going to court? Will it be legally binding if she doesn't pay after signing? I think the amount I am aking is too much for small claims court and not large enough to hire an attorney.
2 Answers from Attorneys
Re: accident- other party has no insurance
The limit in small claims court is $3000. I would go get a judgment against the other party. Drafting your own document is a sure ticket to a lawsuit where you'll need lawyers. In SCC she can agree to pay you $300 a month until it's paid, and if she fails,you can garnish her bank account.
Good luck.
Re: accident- other party has no insurance
There is a special installment agreement form for use in situations like you describe, and I believe that you can obtain one of these forms at any driver's license office. Once the form is signed by both parties, it gets filed with the department of revenue, then if the other side does not pay you as promised his or her driver's license will be suspended. This is pretty good security for you. Good luck!
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