You can send money through email now? Damn, technology is getting awesome.
Maybe you’re thinking of the phrase, “Sloppy Seconds.”
A thousand times “No”! Smeghead has the right answer - no further communication at all - but just to be clear the issue is not between you and him, it’s between him and his auto insurance company. As someone said above, if his auto insco thinks they can get reimbursed by your homeowners insco, they will initiate that. If a lawsuit develops, your insco will provide you with representation. I am a huge advocate of direct communication, but in this case no good can come of it. Let the insco’s do what you pay them to do.
A few more points of clarification:
-He did specify that he would be filing action in small claims court. I have no idea how much he’s looking for. He hasn’t quoted a single dollar amount yet.
-He did not file a police report, and when my wife spoke to the sheriff, he said his window for doing so had passed.
-He also said he does not have collision insurance on his car (naturally), so he can’t file a claim with his insurance company. That’s why it’s now between him and me.
-I examined my trash can and didn’t see any sign of damage. I mean, it’s at least a decade old, so it’s a bit beat up anyway, but no obvious new damage.
Would it help to have photos of the trash can?
Please counter-sue.
Call him up and ask him to to discuss the matter with you further over coffee. When he arrives, serve him with papers for small claim court for damaging your trash can. Then leave.
Trying to pull a fast one on you like this, I don’t know how the driver can look at himself in the mirror … oh wait, he can’t!
At least you’ll know the driver will have 7 years’ bad luck.
If he sues for a huge amount, I would take that as a sign that he is really off his rocker and has no clue how the judicial system works. it’s just a guess, but I would expect the judge in small claims court would look at him and just wonder what planet he came from.
Call the police and put in a police report on a guy you suspect of trying to scam you. If he is still there, tell him he can tell them their side too.
Politely decline to pay him anything; let him sue you if he wants. It would be his burden of proof if it goes to trial. You may represent yourself, and you just might win.
Have you considered that maybe he just wants to date you and is too socially inept to come right out and declare his feelings?
Unfortunately, you can’t serve someone if you are a party to the action. But you can bring a friend and have them serve him.
There are some other alternatives, but they are mostly illegal so I can’t post them on this board.
In Ohio, a bailiff will perfect service for a small fee paid to the court, or you can ask the court to appoint any adult friend of yours a special process server.
Update:
Nearly two weeks post-Incident, and I haven’t heard anything at all from the guy. No papers have been filed, as far as I know. Perhaps he decided to back down after all.
He has probably discovered the sobering fact that even if he wins, the court isn’t going to collect for him. He just get a judgement. It’s on him to collect. Good Luck with that, since he has no power to compel you!
People who are always threatening to take someone to small claims court, often cease doing so, after an actual attempt brings them to the sobering facts!
I’ve never been sued, but isn’t this something that your homeowner’s insurance would/might cover? He may not have an insurance company willing to go to bat for him, but if this happened to me I would be calling my home insurance agent to see if this sort of thing is covered under my liability insurance.
If worse comes to worst, my limited experience in small claims court tells me that you should be in decent shape as long as you are calm and cool, ordered in your thoughts and anything that you need to say/present to the judge, and stay polite and as “charge-neutral” as you can. The fact that the plaintiff has no documentation on his side works very much in your favor.
Good luck!
I did talk to my insurance people. They said, basically, give us a call back if and when you get served with papers - particularly if the papers come from a law firm - and we’ll probably settle it out of court.