][ 35

iTrader: (2)

does anyone know how to file a small claims court? or what need to be done to get it started?

or better yet anyone that works for insurance company that can answer for me.

i was involved in a minor accident on my infiniti I35(to make it relevent to this forum ) and found out the person that hit me didn't have insurance (well the insurance expired and they didn't renew it) so i had to file it with my insurance company and my insurance company told me i had $500 deductable. and the cost to fix the damage is around $700 so my insurance is only going to pay me $200.

So what is the proccess that i need to take? anyone?

global_threat

iTrader: (3)

kill the person who hit you, take their money/jewelry, and be done with it

][ 35

iTrader: (2)

I have done that in the past and had to serve 20 years and i just got out... i don't want to spend another 20 year..

Black95Se

iTrader: (2)

Call a lawyer? That's my guess, but I've never delt with anything like that before.
Good luck in court.
Ian

RKS

I assume the I35 is probably not paid off since it's no more than 2 years old so therefore are you required to have full coverage?

Full coverage should pay for all of your costs and the insurance company should subrogate your claim against the uninsured driver meaning you let the insurance company sue on your behalf and redeem any judical award. Insurance companies, however, may vary their policy on what happens if their drivers are hit by uninsured motorists.

BTW>>>> I am not authorized to dispense legal advice, please consult an attorney in your area for proper legal consultation.<<<

][ 35

iTrader: (2)

Didn't even know what Subrogate was .....untill i looked it up...

Thanks for the info RKS

GundamWZero

Yeah! Then the courts will ****** up their license in no time flat! When they come to you with money in hands and on their knees, (and if they want their license back, they will) stall for time and watch 'em sweat!

DCmax

iTrader: (2)

As far as small claims go, you should first do a search on your local state court web page. Most circuit courts have a small claims division and their clerks are very helpful.

I had a small claims case that I won a couple years ago involving some misrepresented items on ebay. From what I remember, the limit to the amount of money you can sue for in small claims court is $1100. Lawyers are not allowed in the court room. I suppose you could pay to consult with one but the process is basically the plaintiff brings the case before the judge and then the defendant has a chance to explain his/herself. There is no cross-examination and the judge makes judgement right on the stand.

All you have to do to file a case is go to your local circuit court and fill out the necessary paperwork. The court will then serve the defendant and also give you a court date.

Good luck.

][ 35

iTrader: (2)

U got to love the .org always full of answers for anything...

for the org....

lcf

iTrader: (6)

Much of what DCmax says is correct. However, keep in mind that the process differs slightly from county to county. Yes, even in the same state!

The toughest part about suing someone in SCC is that there MUST be a plaintiff and a defendant! You'll see what I mean.

First you must file your claim. Usually this can be done in the same building you pay your speeding tickets. Heh. Hm, last time I checked, it cost $50 to file a claim in Cook County of Illinois.

Next, legal papers must be served to the defendant by an officer of the court. You cannot do it yourself! It's sorta wack, but you have to "hire" a constable (in smaller counties many times it's a cop!) to serve the papers to the defendant. These papers tell the defendant that they are being sued and must appear on so-and-so date(s) to defend himself.

The cool part is if they don't show... you win! The best guarantee... try to find out their SSN, because if they don't show after papers are served and the Judge knows you have the SSN, the court can garnish his wages (legally have money taken out of every paycheck he earns with the SSN!) or even have what's called a judgment put onto his credit report! It's horrible for credit rating and all creditors see it when they pull his credit history. I believe they only issue judgements when individuals owe the courts money... not other people, but hey who knows. It depends on the Judge.

The not-so-cool part, if the constable cannot find the defendant because they are in hiding or simply because you have no idea where they live... the papers will never be served and there is no defendant... and nothing happens (except you're out $50 and wasted a bunch of your time!). Hopefully you have a home address, phone #, plates, or even drivers license #! Always get this information when you get in a wreck! This information will help the constable immensely.

I tried to sue an ex-roommate of mine who TRASHED our apartment when I went home for x-mas once... sadly, naively, I was the only one on the lease and the landlord made me pay for all damages. Repairs cost more than a grand. A lot of money for a poor, starving, college student.

And oh, BTW, whoever said that lawyers are not allowed in SCC is false. Try suing a company for $1000 and I guarantee they will send an attorney. SCC has nothing to do with representation... it's about money. Hm. $1100 seems really low for small claims court. IIRC, anything $5000 and under is under SCC jurisdiction.

Edit: I forgot to say good luck!

Frank Fontaine

Not to discourage you, but I don't think it's gonna be worth your while. But it's up to you, if you have spare time you can try.

Find out where the person lives, and touch base with the small claims court there. They will steer you, whether you file the claim in their court or where the accident took place.

The problem is all the time you spend with paperwork and also in court--say the court does award you $500? Guess what? They will have very little ability to make the other party pay. If the person is gonna drive without insurance, it's pretty likely they are not going to pay the money to you either. The court is basically powerless to enforce the judgement. You will then need to find out where the person works, if they even work at all. Then file an income execution, which the Sheriff will serve on the employer. If you don't know or can't find out where the other party works, you are out of luck. So you see how crummy our system works sometimes? But because of that bozo, you pay $500, and we all pay higher rates!!

Good luck. I honestly suggest you just live with the $500 loss, but if you do decide to go to court, I hope you get your $$$.