Did not know that, though I guess I did know that some states allow for it. They shouldn't, it was a bit of a way to level the playing field, but that is just my view of small claims.
Dan
Got Hit Today, Not Sure how to Handle, Please Help!
- Thread starter Jdavidson015
- Start date
Did not know that, though I guess I did know that some states allow for it. They shouldn't, it was a bit of a way to level the playing field, but that is just my view of small claims.
Dan
- 15,041
I thought they weren't allowed, but I just looked and they are allowed here in Tennessee. It seems the main advantage here is the speed at which they move compared to other courts.
Which is great news for the OP. He'll get his dismissal with prejudice that much faster!
I do not envy or wish to make light of the OPs initial accident, but his persistence on seeing this as a payday is troubling. Unfortunately he turned into oncoming traffic and got hit for it. It wasn't the other driver's responsibility to yield to traffic turning into the roadway, but the OP's responsibility to yield to traffic already on the roadway.
- 8,707
Look at it this way. You neighbor gets a bug up his butt and sues you in small claims court and your not allowed to defend yourself with an attorney?
Here is something I read on the internet so we know it has to be true.
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I wouldn't want to live next door to the OP. I would be afraid of the hassle of dealing with him if something want wrong or I needed something.
- 15,041
Isn't that the truth.
To Peter, I believe neither side can have an attorney in that case. And I understand small claims court judges are instructed to help both parties in properly framing their questions and statements if no attorneys are allowed. Of course, that is just my understanding.
- 8,707
Beets me....The closest I ever got was having some of my employers deadbeat customers served as an incentive for them paying thier past due balances. Getting a judgement was the first step in getting a levy.
You can say I will see you in court and almost no one takes you seriously. They take you more seriously when a deputy sherrif serves you.
You can say I will see you in court and almost no one takes you seriously. They take you more seriously when a deputy sherrif serves you.
Yes! That is the way it works. It is much more informal and the judge guides you along. You get to tell your story and the other side gets to ask questions.
You are both at fault in this situation, as he should have been paying attention, and you should have made absolutely sure that the road was clear before pulling out onto it. As the damage was to your fender (I assume you mean the front of the vehicle as the quarter panel is in the rear) then you may even be the one purely at fault. However, if he would have rear ended you then he would have most likely been liable no matter what the circumstance.
- Thread starter
- #70
Jdavidson015
Expert
- 66
Just thought I'd make a quick post about how both claims worked out.
1) auto: I was able to find video from a near by building that clearly showed the other party stop as if he was allowing me to exit, he was deemed the sole party at fault. I got my car repaired plus diminished value of 4763.94 per a dealer offer for my car compared to the nada clean trade value. I called the insured out in the fraud to both my ins. Company and his, I don't know what's going on with it now, but I imagine that he's dealing with a lot of sh*t from it...... Serves him right
2) roof: tree company continued to refuse to provide us with his insurance info, so our lawyer said to file through our own company and allow them to figure out the at faults company. Turns out in Massachusetts there is a law in the process that legally prohibits a patch of any size under an insurance claim, the same bill was already passed in Connecticut as well as a few other states. We got the entire back side of the roof covered (peak down) and it was valued at 8376.49. Our insurance was successful in recovering the full cost from the it faults insurance company. We had 2 arborist out to evaluate the loss of the trees. The formula I found was correct, and the total came out to an average of $23,587.50. Our lawyer recommended not bothering with suing the at fault party because we would likely never see the money, and instead writing treble damages off on our taxes as a loss. Still have to check into that part a little more though.
Lastly to those of you who don't like me/ don't want to live near me/ don't want to know me. All I have to say is, I'm very very aggressive/ protective of what's mine. I work extremely hard for what I own, and if you damage it (particularly when I hire you to do something to improve it), you better be prepared to fix it/ buy a new one if necessary as I would if I were in a situation like that. If not prepare for war, because h*ll will fall upon you, and I have no qualms about being this way. Moral of the story is, don't f*ck up! and you don't have to worry about it.
So thanks, although I suppose I don't know why I'm thanking anyone, nobody believed/ accurately helped/ gave the correct advice, and I was only criticized me for what I was reading & hearing... And I turned out to be right.
Thanks anyway though
Peace all
1) auto: I was able to find video from a near by building that clearly showed the other party stop as if he was allowing me to exit, he was deemed the sole party at fault. I got my car repaired plus diminished value of 4763.94 per a dealer offer for my car compared to the nada clean trade value. I called the insured out in the fraud to both my ins. Company and his, I don't know what's going on with it now, but I imagine that he's dealing with a lot of sh*t from it...... Serves him right
2) roof: tree company continued to refuse to provide us with his insurance info, so our lawyer said to file through our own company and allow them to figure out the at faults company. Turns out in Massachusetts there is a law in the process that legally prohibits a patch of any size under an insurance claim, the same bill was already passed in Connecticut as well as a few other states. We got the entire back side of the roof covered (peak down) and it was valued at 8376.49. Our insurance was successful in recovering the full cost from the it faults insurance company. We had 2 arborist out to evaluate the loss of the trees. The formula I found was correct, and the total came out to an average of $23,587.50. Our lawyer recommended not bothering with suing the at fault party because we would likely never see the money, and instead writing treble damages off on our taxes as a loss. Still have to check into that part a little more though.
Lastly to those of you who don't like me/ don't want to live near me/ don't want to know me. All I have to say is, I'm very very aggressive/ protective of what's mine. I work extremely hard for what I own, and if you damage it (particularly when I hire you to do something to improve it), you better be prepared to fix it/ buy a new one if necessary as I would if I were in a situation like that. If not prepare for war, because h*ll will fall upon you, and I have no qualms about being this way. Moral of the story is, don't f*ck up! and you don't have to worry about it.
So thanks, although I suppose I don't know why I'm thanking anyone, nobody believed/ accurately helped/ gave the correct advice, and I was only criticized me for what I was reading & hearing... And I turned out to be right.
Thanks anyway though
Peace all
