Taking your Car Accident Case to a Small Claims Court
- 2 years ago
Every single state has a court where you can file car accident claims. This is just one form of Alternate Dispute Resolution that you can use. Going to a small claims court may be ideal if the insurance company doesn’t offer you a settlement that you consider to be fair. You can take the insurance company to court as long as the settlement amount is within the state’s dollar limit. You may be surprised to know that some small claims courts offer settlements that are so valuable that you would be surprised. In some cases, claimants consider claiming less than they think they should ask for so they stay within the limit
Is it Easy to File a Claim in a Small Claims Court?
Yes, it is very easy to file a claim. You can typically fill in a form that you can get from a Court Clerk, alternatively, you can always file one online. You will have to pay a small fee so you can submit your case but if you win the case the other driver will have to pay you back. The next step is to send the court papers to the other driver. For a small fee, a local constable or sheriff can deliver the papers. When court papers are delivered the action is known as a ‘Service of process’. If you win your case you will receive the money back.
Are the Pre-trial Procedures Complicated?
No, small claims courts exist in order to make the claims process easy for everyone. This gives people the ability to represent themselves should they wish to. While there are some pre-trial procedures involved such as sending the defense some written questions (Known as ‘Interrogatories’) which must be answered under oath, they are not hard to understand.
If the defense sends you some interrogatories you will have to answer them as you may be penalized if you don’t, and your case could even be dismissed.
How can you Win your Case in a Small Claims Court?
Every single car accident case involves 2 questions:
• Which driver caused the accident?
• What injuries/damages resulted from the car accident?
The first question relates to the issue of liability and the second to damages. In a small claims court you first have to prove liability and secondly, you have to prove the damages in order to win the case. If you are unable to prove liability you will not win your case, even if you have suffered from injuries. This is why it’s vital that you prepare your evidence so that it shows the defense is liable and caused your injuries.
You will have to testify as part of your case and if you find that the defense questions liability you should get in touch with any witnesses to the accident. If there were no witnesses you should be prepared to show the court how the accident occurred, and how the accident is consistent with the other evidence or common sense. Please note that the sections of the vehicles that were damaged, or the part of the road where the accident took place can be used as evidence to show how the accident occurred.
You may need to prepare diagrams and photographs to use as evidence.
Is it Easy to File a Claim in a Small Claims Court?
Yes, it is very easy to file a claim. You can typically fill in a form that you can get from a Court Clerk, alternatively, you can always file one online. You will have to pay a small fee so you can submit your case but if you win the case the other driver will have to pay you back. The next step is to send the court papers to the other driver. For a small fee, a local constable or sheriff can deliver the papers. When court papers are delivered the action is known as a ‘Service of process’. If you win your case you will receive the money back.
Are the Pre-trial Procedures Complicated?
No, small claims courts exist in order to make the claims process easy for everyone. This gives people the ability to represent themselves should they wish to. While there are some pre-trial procedures involved such as sending the defense some written questions (Known as ‘Interrogatories’) which must be answered under oath, they are not hard to understand.
If the defense sends you some interrogatories you will have to answer them as you may be penalized if you don’t, and your case could even be dismissed.
How can you Win your Case in a Small Claims Court?
Every single car accident case involves 2 questions:
• Which driver caused the accident?
• What injuries/damages resulted from the car accident?
The first question relates to the issue of liability and the second to damages. In a small claims court you first have to prove liability and secondly, you have to prove the damages in order to win the case. If you are unable to prove liability you will not win your case, even if you have suffered from injuries. This is why it’s vital that you prepare your evidence so that it shows the defense is liable and caused your injuries.
You will have to testify as part of your case and if you find that the defense questions liability you should get in touch with any witnesses to the accident. If there were no witnesses you should be prepared to show the court how the accident occurred, and how the accident is consistent with the other evidence or common sense. Please note that the sections of the vehicles that were damaged, or the part of the road where the accident took place can be used as evidence to show how the accident occurred.
You may need to prepare diagrams and photographs to use as evidence.