A comment on Auto Accident Question And Answer

John Bisnar — Sun, 29 Jul 2007 16:50:18 GMT

Linda,

In answer to your questions:

(1). Question. If I were to take the other driver to small claims court, would the insurance co. be more motivated to make a fair offer prior to court?

Answer. In my experience, the insurance companies hate it when you sue their insured in small claims court. Usually the insured/negligent driver wants nothing to do with the case and wants their insurance company to make the case go away. Suing in small court is one of the tactics I suggest to people who are not getting a fair offer to settle. Let a small claim court judge tell you what is fair, if you feel the insurance company is taking advantage of you. After all, you'll get you day in court. And yes, the insurance company is likely to make a better offer to keep their insured from having to go in front of a judge.

(2). Question. If we go to court, can the other driver submit info from their insurance co?

Answer. Much will depend upon the judge and the information. Small claims judges are much more liberal on what they will let in and what they won't. Usually, a small claims judge will read what people submit and decide if the information is credible. If not, he/she won't let it in. If the judge lets it in, he/she will decide how much weight to give it. If you haven't see the information prior to small claims court, the judge is less likely to let it in. If you do not have a fair opportunity to cross-examine the information or its presenter, the judge is less likely to allow it in.

(3). Question. Would it be helpful for me to submit documentation that the driver who rear ended me had several accidents on their record and I have none?

Answer. I think you should submit it to the judge and see. Most times judges will not let information of prior bad driving influence a present claim of bad driving. However, if you get the judge to believe that the other person is a bad driver, will it consciously or subconscienly influence the judge? Who knows. After the defendant testifies, ask the judge if you can ask the defendant a few questions. Then start off with something like, "Isn't it true that within the last three years you have been involved in two other auto accidents and received three speeding tickets?" Now the judge my disallow your question, but he heard the allocation and if you are holding a document in your hands to support your position, that can be very powerful. If the judge disallows the question, tell him you have evidence of the defendant's record and offer to give it to the judge. If the judge has let in information the defendant brought from his insurance company, argue that you should get to submit the paperwork that you brought.

(4). If I win a monetary award in small claims court, who pay it? the other driver or there insurance co? If insurance co, will I be paid right away or do they have appeal rights?

Answer. The insurance company is obligated to pay but the judgment is against the other driver. The insurance company has no standing, so they can not appeal. The other driver can appeal however.

Good luck. Please come back and tell us all how it came out.

John Bisnar

A comment on Auto Accident Question And Answer

Linda — Sun, 29 Jul 2007 12:58:02 GMT

I am dealing with an insurance co who offered a very low amount to settle.
They sent what they called expert rebuttle letters.
My questions are: 1)If I were to take the other driver to small claims court, would the insurance co. be more motivated to make a fair offer prior to court?
2)If we go to court, can the other driver submit info from their insurance co?
3)Would it be helpful for me to submit documentation that the driver who rear ended me had several accidents on their record and I have none?
4) If I win a monatary award in small claims court, who pay it? the other driver or there insurance co? If insurance co, will I be paid right away or do they have appeal rights?
Thank You.
5)If I win in small claims court, will the insurance co

Long Beach Personal Injury Lawyer - Automobile Accidents - Latest Comments

A comment on Auto Accident Question And Answer

A comment on Auto Accident Question And Answer