looks like i'll be going to a small claims court.

Message

VermilionX · Mon Mar 20, 2006 12:11 pm

many of you might remember my car accident.

other party denied my claim they said i ran a red light. so that's why i hit the left turner.

so now, my insurance adjuster advised me to take it to a small claims court sine she said there's a good chance i will win. there's no witnesses and no police report.

any advice from those that have been in court?

scan · #2 Unread post by **scan** » Mon Mar 20, 2006 12:25 pm

I already told you. You needed a witness. Other than that, a good lawyer. Otherwise it is his (her) word against yours. Not to be cold a out the whole thing, but you should always get a witness and a police report. They both server to protect you when someone changes their story. Good luck.

VermilionX · Mon Mar 20, 2006 1:01 pm

it's too late for a witness and police report.

any other ideas?

the other party doesn't have any witness either but im worried about them fabricating a witness though.

are lawyers involved in small court claims too? i dunno, but i never saw one on people's court.

flynrider · #4 Unread post by **flynrider** » Mon Mar 20, 2006 1:19 pm

In small claims court, the other party doesn't need a witness. It will be up to you to prove your case. Granted, it's possible sometimes that the other party will be such a goof off as to prove your case for you, but it's not something I'd bet on.

You're in a tough spot. With no police report or witness, it's your word against the other drivers. If the other driver maintains that you ran the light, you'll need to refute that with some kind of evidence. I don't necessarily agree with your insurance adjuster that you have a good chance of winning this, but it's probably worth a shot. Stranger things have happened.

VermilionX · Mon Mar 20, 2006 1:24 pm

i have good chance since the other guy is a left turner and i heard from others and my insurance adjuster that it's almost always the left turners fault since it's their responsibility to make sure it's clear before they turn left.

#6 Unread post by **MrGompers** » Mon Mar 20, 2006 9:50 pm

VermilionX wrote:i have good chance since the other guy is a left turner and i heard from others and my insurance adjuster that it's almost always the left turners fault since it's their responsibility to make sure it's clear before they turn left.

I have heard that it also depends on what area you hit the other car. If you hit them anywhere between the front of their car and the middle of their car its their fault. If you hit them anywhere behind that its your fault. Reason being you should have had enough time to stop before hitting them.

VermilionX · Tue Mar 21, 2006 4:12 am

MrGompers wrote:
VermilionX wrote:i have good chance since the other guy is a left turner and i heard from others and my insurance adjuster that it's almost always the left turners fault since it's their responsibility to make sure it's clear before they turn left.
I have heard that it also depends on what area you hit the other car. If you hit them anywhere between the front of their car and the middle of their car its their fault. If you hit them anywhere behind that its your fault. Reason being you should have had enough time to stop before hitting them.

oh, that's great, i've hit him on his front right side.

CNF2002 · #8 Unread post by **CNF2002** » Tue Mar 21, 2006 4:20 am

Explain exactly what happened and why. Bring some large paper and a marker so you can draw the scene and illustrate what happened. Be specific with every detail and explain why, from the damage to the vehicles, it is impossible that it is your fault. Just use what you have to prove your case. Get copies of your report and their report to the insurance companies.

Also, bring anyone over 40 who looks respectable. A parent will do nicely. Dress professionally.

And for next time consider it a life lesson. Always call the police in any accident, even small fenderbenders. Get a report, talk to people around the accident, actively ask people if they would be willing to give the police a witness report.

People in general are dirty rotten liars who wouldnt think twice to smash your car and walk away laughing. No offense to society, but it seems everyone who causes an accident lies about it.

VermilionX · Tue Mar 21, 2006 4:28 am

thanks, CNF.

i never thought about bringing my parents w/ me. now i will.

of course im not gonna go there in my riding gear.

and yep, lesson learned, always get the cops involved and try to look for witnesses. hopefully, i'll never experience something like this again.

Chris8187 · Tue Mar 21, 2006 4:33 am

What does bringing someone else that knows nothing about the accident do?