e90 m3 accident devaluation?

[dnoble37]

Hi everyone,

I recently purchased an e90 m3 zcp 6 speed which was in fantastic shape with about 38,000 miles, 2 owners and 0 accidents. I paid a premium for the car; $42,000. In less than a month of ownership, in July 2016, I was rear ended sitting still at a stop light. The driver who hit me was uninsured and his vehicle registration was expired. I got a police report at the time of the accident, which does not state the person who hit me was at fault. I live in Florida which is a no fault state.

Damage was relatively minor. The rear bumper needed a respray, replaced parking sensors and replaced the rear bumper grill. Total cost to repair was $639.46 through the local BMW dealer body shop. Geico is my insurance and they covered the cost above my $500 deductible. So I paid $500 out of pocket to get the car repaired. Geico was unable to get my $500 deductible back from the person who hit me. Had he been insured, Geico would have recovered the $500 from the other party's insurance company. I have been in touch with the person that hit me since the accident with the intent to get my $500 back.

Long story short, he has still not paid me and has seemingly disappeared. I plan to take this person to small claims court to get my money back. I am currently filling out the paperwork. I ran a autocheck on my car today and see the accident is reported, which will likely decrease resale value of the car. In my court case claim, I plan to ask for my $500 deductible and all associated court fees. However, I am wondering if it is reasonable to also ask for interest and/or a reasonable amount of money associated with vehicle value depreciation as a result of the accident on record. Additionally, I want to garnish his wages because even if I win the case, without a garnishment I am not guaranteed to get my money back if the person refuses to pay.

On the pre-written court paperwork it says:
"STATEMENT OF CLAIM (AUTO NEGLIGENCE)
The plaintiff sues the defendant and says: On or about_____________________, in the vicinity
of________________________, on a public highway in Escambia County, Florida, plaintiff’s motor vehicle, being
operated by _______________________, collided with defendant’s motor vehicle, being operated
by______________________; and the collision with plaintiff’s vehicle was caused by the negligent and careless
operation of defendant’s vehicle, whereby plaintiff’s vehicle was damaged and depreciated in value.
WHEREFORE, plaintiff demands judgment in the sum of $____________ and
$ ___________ Court costs plus Sheriff’s fees of $ _________."

So what do you all think?