i was recently in an accident and the guy didn't have insurance so i had to pay out of my own pocket. what is the process for small claims court?
2006-11-20 11:04:03 · 8 answers · asked by Rick 1 in Politics & Government ➔ Law & Ethics
police report says he was 100% at fault
2006-11-20 11:05:53 · update #1
Go to your county courthouse, go to the clerks office and they have a form for you to fill out. You will be required to pay a fee and they vary from state to state. On the day you are scheduled to appear take any documentation you have and any witnesses and present them in an orderly manner, the judge will assist by asking any questions he may have and render a verdict. Keep in mind that even if you get a verdict the court does not collect the money for you, and usually a judgment is as difficult to collect as it is to get some people to purchase car insurance. A suggestion i would make is to file the claim and then contact some of these judge shows and if you are invited to appear in their forum they will cover your travel expenses and if you win they will pay your suit out of the other persons fee they would receive for appearing.
2006-11-20 11:16:40 · answer #1 · answered by daydoom 5 · 0⤊ 0⤋
Go to the counter or clerk's office at your city, metro, metropolitian court - whatever it's called where you live - and tell them what you want to do. They will help you. Take copy of police report and any other documentation you have with you. It will cost you to file a claim. If you do get a judgment against the person, it does not mean you will get your money if he is a dead beat. Think it over and see if you can win this battle. Do you not have uninsured drivers insurance on your police?
2006-11-20 11:16:42 · answer #2 · answered by beez 7 · 0⤊ 0⤋
Gather as much information as possible. Go to your county courthouse and ask for a small claims form. You fill out the form and pay the filing fee and they will issue you a court date.
Once the date is issued, call the courthouse 10 days before the actual court date, to confirm the date.
When it's time to go to court, take all your information with you and tell the judge what happened. If he wants info, you have it there, to give to him.
Good luck on your lawsuit!
2006-11-20 11:10:11 · answer #3 · answered by rustybones 6 · 0⤊ 0⤋
If you had insurance then they should be taking care of how to file for that. But if there not the first thing that i would do is call you insurance provider and see were there at with it.
2006-11-20 11:13:01 · answer #4 · answered by kissedwithpeace 2 · 0⤊ 0⤋
I had someone hit my paked car who had no insurance, so I turned it over to my own insurance company. They're already equipped to handle the headaches.
2006-11-20 11:12:29 · answer #5 · answered by nursesr4evr 7 · 0⤊ 0⤋
you need to contact your insurance and they should deal with it.most likely not only will he have to pay you for your car he'll probably be fined for not having insurance in the first place which he deserves that.
2006-11-20 11:12:44 · answer #6 · answered by Ian A 2 · 0⤊ 0⤋
Why not contact one of those attorneys that advertise? Many times they have free consultations. Ask them up front if the consultation is free.
2006-11-20 11:07:21 · answer #7 · answered by northernbornsoutherner 6 · 1⤊ 0⤋
did you report it to your insurance company? They should be handling it.
2006-11-20 11:06:19 · answer #8 · answered by HearKat 7 · 0⤊ 0⤋