[PrttyBrownEyez21]

If you get a warrant in debt(civil claim) for money in the mail saying you have to go to court for an accident that happened in 08. If you're the defendant should you get a lawyer?And if you think yes, do you have to pay or can you get a court appointed one?

And another question,how can someone ask for money and take it to court when no police report was filed during the accident and no pictures were taken.wouldn't a judge just throw that out because that would make both parties at fault, because without all that its just he said she said right?

[Eileen G]

For a small claims court, you normally don't need a lawyer. That's the point of them. The judge normally directs people to say what's necessary. If you chose to get a lawyer, you'd normally pay for her yourself.

Of course you can be taken to court without a police report. But it will probably come down to who gives the most credible testimony, who has the best paperwork and who has the independent witnesses.

[PrttyBrownEyez21]

So it won't go against me If I don't get a lawyer? The way I saw it was that they have one since they're the ones asking for money, I'm not,so I don't need one. She doesn't have any witnesses,but I have one and they're coming with me to the court.

[Eileen G]

If it's a Small Claims court, with a fairly low cap on claims, then it's not necessary to have a lawyer. If it's a normal civil court, you are probably better off with one.

Be prepared. Know exactly what happened, make sure your witness knows exactly what happened, and have every single scrap of paperwork ready and with you. Practice answering questions plainly. "It was 10.35pm." Not "It would have been a bit after half ten, because the news was over and they had only played one song...."

[PrttyBrownEyez21]

I don't know which type it is. By paperwork, what do you mean?

[Eileen G]

If it's a traffic accident, make sure you have all your insurance papers, taxation forms, proof of ownership of the car, invoice and receipt for repairs done to the car, anything on paper which might help prove your case. If you don't bring in the invoice for repairs, for instance, it will be much harder to prove your damage.

If you were injured, bring in the medical report and the receipt for any money you paid. Particularly if the medical report makes it obvious that you were stone cold sober at the time.

Anything which might help prove your case. If you have independent witnesses, bring them, not a statement. If you have photographs, bring the person who took the photographs. If you've done an advanced driving test, bring the certificate, it will indicate that you are a better than average driver, though it won't prove that you were driving safely at the time, it will lean the judge in your direction.

[ScottGem]

First thing you should do is contact your insurance company and inform them. This is part of what you pay insurance for. If an attorney is needed they should provide one for you.

Many small claims courts don't allow attorneys. But your thinking is backward. It's the defendant who needs legal representation more. But since this is a civil case you have to retain your own legal counsel.

As noted, a police report is not required to file suit. Maybe if you tell us more about the circumstances we can help more.

[Fr_Chuck]

IF they have an attorney, you should have one,
In small claims normally no one does.

Agreed, tell your insurance company, first because they should have made a claim against them when it happened, but you are required to tell them if sued . They may take over legal action

[JudyKayTee]

I'm a liability investigator. I would need more info in order to be 100% positive on this issue.

Why wasn't this turned over to your insurance company? Whether it would be thrown out because both parties were at fault would depend on the State.

I investigate accidents all the time where there is no Police Report and at the scene no one claimed injuries.

[PrttyBrownEyez21]

JudyKayTee,
The accidents got turned into our insurance companies and they denied coverage to us because my dad didn't report the accident in time or something.He claims he reported it I don't know when he did.After the accident, no one really admitted fault on the accident(her mom just assumes it was my fault because whose parents aren't going to believe their kids) because it happened at school.After we got out of our cars, she was the first one to say I didn't see you and then I said I didn't either. I was the one backing out. She left the scene first and then I did like ten minutes after that. Then the next day I told the principle what happened and I gave them our names and he said he would get the school police officer to call us and look at our vehicles and no one ever called me.A few days later our parents and us met and they said they wanted the light fix so we said we would we'd fix the light. So we paid for the light and then now they're making us go to court,asking for the money plus the money for the light we already paid them.

But I'm like freaking out about this because if we do have to end up paying, I don't know how we will,because my lost his job in January and I'm having to help pay bills and I don't make anything as it because I only work part time. And I also don't want to get into trouble for something my dad failed to do,because I did what I was supposed to ,you know what I mean, and it just makes me feel bad that I have to deal with this.

[ScottGem]

First, did you get an agreement in writing that you agreed to fix the light? Do you have proof that you paid for it?

Second, when backing out of a parking space, you have to cede the right of way to any vehicle in the aisle. So the likelihood is that you were at fault.

[PrttyBrownEyez21]

We have receipt that I made saying that we paid and I got the girl to sign it. Whether my dad still has it is the question.The way our parking lot is at school,is that there are spots on the side,which is where I parked. I have no idea where she parked. There was this big vehicle to my right, so I couldn't see what was coming, all I could see was to my left and what was in the rearview mirror. Since I couldn't really see, I took my time backing out, so she most liekly saw me since I couldn't see what was coming on my right because of the car beside me. I also had a friend in the passenger seat and she didn't see her either. Right after the girl got back in her car,she got on her phone and left, so my guess is that she was texting on the phone and that's why she didn't see me. The damage that's on my car,it's pretty much nonexistent,so I don't see how that would make it my fault because if it was my car would be more damaged.

[ScottGem]

The damage that's on my car,it's pretty much nonexistent,so I don't see how that would make it my fault because if it was my car would be more damaged.

That's not correct thinking. Its often possible for the car to be at fault have less damage. I would search for that receipt.

[PrttyBrownEyez21]

I'm going to look for it. So what do you think my chances are? And also how do these whole court proceedings work? I've never gone to one

[ScottGem]

If its small claims court its very informal. You just tell your story and they tell theirs and the judge decides.

[PrttyBrownEyez21]

How do you know if its small claims court or not?does it depend on how much they're asking for? And again after hearing what happened, do you think I need a lawyer? If it's like you said and we're just telling our side of the story, then what do we need a lawyer for

[ScottGem]

What does the summons say?

[JudyKayTee]

The Summons tells you what Court it is.

The Judge will listen to both of you, review any proof (photos, estimates, written statements) and decide which "story" is more plausible. Possibly you are both partially at fault.

I would find out from your father why the insurance company denied the claim because it's going to be an issue.

I don't understand why you are being sued and not your father. Who actually owns the car?

[PrttyBrownEyez21]

The court thing has both of our names on it, but I'm the only one who seems to care about this. My dad has the whole "I don't care" attitude about a lot of stuff and it annoys me. My car is registered in his name.

[JudyKayTee]

Any Judgment will go against both of you. If he doesn't want to defend himself there is nothing you can do.

In NY if there is a Judgment against a person resulting from a motor vehicle accident that person loses driving privileges until the Judgment is paid.