I'm going to make my first appearance in the small claims court room in SD soon. Has anyone been before? I'm trying to get as much info on what to expect and what I should/shouldn't do before I go. I'm the one doing the suing by the way. The story is...

I was sitting inside my old house in SD one friday in sept last year, getting ready to head out and drink the town dry when I heard a crash outside my house. Mind you, this was no ordinary crash... I thought two 747's had collided in mid-air just outside my house, or one of those kill-everything-on-earth meteors had just dropped into my front yard. It was big. And very loud.

I went to investigate to see first, if anyone had been hurt and needed help, and second, to see the if the four horsemen of the apocalypse were in my front yard. I came outside to find my accord in shambles, with two tires up on the curb, pushed forward a good 5 feet or so into the back of my roommate-at-the-time's truck and that his truck and my car had collectively been moved another 10 feet forward. The screaming ball of kinetic energy responsible: some yuppy b!tch in her '02 325i that "swerved to miss a cat." BULLSH!T. Even if there had been a cat, she had to have blown the stop sign 50 ft from my doorstep and been driving WELL above legal residential speeds (I'm thinking ~50-55) to do that kind of damage (my car was totalled and my roommate's truck had frame damage and a destroyed bed).

Whether or not there was a cat is beside the point (I guess this whole story is though, if you want to be a d!ck about it...). Accidents happen. I get that. Fine. But normally there is an insurance company to recoup damages to the party(s) that were not at fault. Not really the case here. This woman had full coverage for collisions... sounds like I should have been well taken care of right?

Nope. This was not considered a collision since my car was parked. It fell under the title of "property damage." Her insurance only covers her for up to $5000 worth of property damage. Not quite going to cut it. My former roommate and I tried to recoup the remainder of our damages ($1900 on top of the $5000... it was an old accord) and she refuses to settle out of court, adamant that her insurance company owes us the full amount. So now we go to small claims. B!tch.

So I arrive at my original question, once again: has anyone here been to small claims? If so, do you have any advice for me?

Side discussion: has anyone seen that daytime tv court room show called "eye for an eye" with the judge "extreme akim" that used to be on once in a while? I wish I could go on that show and get this woman back... I'd buy the dirtiest beater possible and ghost ride that heap into whatever new luxury car she owns, Audi aside. If she was rockin' four rings, I'd have to ghost ride the POS into her house.

 

Been there - done that - different story.

Best case is simply present your case - all facts and evidence - don't get descriptive like you just did in your posts - judges appreciate a clear and concise presentation. Let her get all belligerent and **** off the judge.

Make sure you don't get into a pissing contest with anyone - again present your case (making sure you have all the paperwork outlining every bit of your claim - to include pics).

It will end like this:

Judge: Did you do this damage?

Defendant: Well it wasn't my fault - blah, blah blah

Judge (interrupting): Did you or did you not hit his car? Your insurance and police report says you did and the pictures clearly show it was your car that did it.

Def: Well yeah... but...

Judge: No buts. Judgment for damages to the plaintiff - case dismissed.

 

I can work with that. I wasn't planning on going into story telling mode in the courtroom. The forums are a... well, better forum for that. I'm expecting a ruling in my favor. I just want to get this over with so I can get my cash. I need wheels and tires damnit.

 

Well I don't mean to burst your bubble - but even if you get a judgment in your favor - good luck on still getting paid. The court won't collect on your behalf. But you can file the judgment against their credit report.

Remember - clear and concise. Let her do all the talking. They usually hang themselves with little help

good luck, mate!

 

Much appreciated man.

 

Let us know how it turns out! I had no idea a parked car would be considered property damage. Would it be considered differently if it had been parked on a street vs a driveway?

Good luck!

 

Small claims is only for up to $2000. Since you are suing for $1900 to fix your car, that qualifies. But you'll still have to pay the lawyer $$$.

 

Not true. Small claims allows you to claim up to 5k and you are not allowed to have a lawyer represent you in small claims. What I collect will be mine.

incrementalg: I'm pretty sure that it doesn't matter where your car is parked. As long as you aren't in it when it's hit, it should be considered property damage. That may be only according to AAA (her insurance), but it seems like that should be the standard across the board.

I'll definitely let you guys know how it works out and post any tips I come up with. I don't have a court date yet, but I'm expecting to go sometime in the next couple of months.