Total Motorcycle Community Forums

Chris8187 wrote:What does bringing someone else that knows nothing about the accident do?

It's an image thing. Most of going to court is about the image anyway. This is a place where they often do judge a book by its cover. If you look like you are professional, have some peeps behind you who look like they can speak about your character, and the other guy only has his own word, you have a better chance. You have to stack the deck in your favor, when you have no proof to provide. Remember, the other guy didn't have proof either.

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

Now theres an idea. Dress like in your avatar in court and do that exact pose in front of the judge, declaring, "I am Voltron! Kneel before me!"...it'll be a win for sure!

what about the money?

bodyshop declared my car a total wreck.

should i sue for the KBB value of my car?

Sue for whatever you think the replacement value is. Having kbb and local retail printouts helps you show the judge the value of the car, so he'll be likely to award you that. Also bring in the paperwork showing that your car was totalled. Also bring in the total damage estimates so you can show how much it will cost you to fix your vehicle. The insurance company may consider it 'totalled' but that doesn't mean you do.

Basically every little bit of paperwork you can scrounge up that has any little thing to do with the accident, your car (including copy of insurance, registration, etc) put it in a folder, sort it according to category so you can find it quickly when asked.

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.

Unless they claim that you ran a red light. Then it'll be up to the judge to determine who is more believable. Like I said, it's certainly not an open and shut case. If, as you posted yesterday, the other driver manages to fabricate a witness, you could very well be sunk.

I've spent some time in small claims courts. Plaintiffs who bring cases without evidence or witnesses generally do not fare well, unless the defendant is a complete boob. All the same, it's worth a try and I wish you the best of luck.

my guess is that niether of you will be able to prove anything and you'll each be responsible for your own damages. Always get a police report and always take pictures always find a witness. You need to learn how to CYA.

basshole wrote:my guess is that niether of you will be able to prove anything and you'll each be responsible for your own damages. Always get a police report and always take pictures always find a witness. You need to learn how to CYA.

CYA? what's that?

VermilionX wrote:

basshole wrote:my guess is that niether of you will be able to prove anything and you'll each be responsible for your own damages. Always get a police report and always take pictures always find a witness. You need to learn how to CYA.

CYA? what's that?

Cover Your Assets - ets = ?

thanks...

oh well, wish me luck.

When they have a witness that you're sure didn't exist you can try to catch them off by asking things like- what kind of car was I driving, what color was it? what was I wearing etc. If you can prove the witness is a liar, it may just tip the balance