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Small claims court


SRTurbo04

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Another reason to get a dash camera set up front and rear. Ill likely get it after all the recent crap I've been through and instances like this. Good luck.

 

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Good for you they want to settle. I double you'd win anything in court. Had you let her hit you then you would have had a case. The problem is you braked and turned to avoid the collision and you hit that curb. She didn't hit you and she didn't push you into that curb. It sucks but legally sometimes you're actually better off to take the hit.

 

My brother in law got cut off while riding. The only way to avoid the collision was to lay the bike down(his words, not going to debate it). When he took her to court the judge found against him because there was no accident other than him deliberately laying the bike down.

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yep... .never give good faith I dont care who it is. always get a police report and always collect information.

 

reading things like this make me glad to have a dash camera setup in my car.

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Bring Kerry with you. [emoji12]

 

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LOL

 

I'm sure the bank would love that.

 

 

My unprofessional, non-lawyer, advice (that in no way establishes a client relationship with you) is - if you can settle with them, then do it and don't look back. Make sure you document the costs (the cost of replacement of the wheels etc...) so they can see that you aren't trying to extort them (I know you aren't but if you show up without anything yo back up your number it will feel that way).

 

AS to small claims court. You can do it, and it's pretty straight forward. You fill out a form, submit it to the court and they will give you a hearing date. Depending on the court, you can do it online or in person. You may be responsible for process of service which the court will tell you how to do. If you decide to do this, one of the compelling reasons is that in most cases the other party doesn't show up and you can get a default judgement. With that you can then collect against property they own (through seizure).

 

Before I ever went to law school I sued a shop in small claims court for $3500 worth of damage they did to my GTO. I followed the directions, showed up when I was asked to, and documented everything with paper and photos to the court. In many ways it is partially responsible for why I went to law school because it was way more easy to do than I thought and I was surprised at how much people, including myself, don't know about their legal system. Most people also have anxiety about these sorts of things and most don't show up so they lose - if you do it you have to see it through to the end, but the administrative judges are pretty reasonable and the most annoying thing is the fees and the calendar.

 

even if it is difficult to prove she was the cause of the accident, you should still try because there is a good chance they just wont show up and you win by default. However, if you can settle with them beforehand that's the best outcome, so push for that.

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Well the asshole called today and said "well after talking with my insurance company and my lawyer they strongly suggested against settling, if you have any questions you can contact my insurance company"

 

Ughhh! I said ughh this is no longer through the insurance why would i call them? I said what's your lawyers info i will contact him... "Ughhh umm ill have him send you his info" aka he doesn't have one and hes just trying to bully me out of filling with the courts or settling.

 

Bastardssss

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Hell, file anyways. its a small fee and it might scare them again into settling outside of court

 

Agreed. If they see that you aren't scared to file in small claims court and intend to go all the way through with it, they may decide it is in their best interest to settle. You do however run the risk of it getting all the way through the small claims process and they also say it was word vs. word and you don't get any award so... all depends how much time/money you want to spend.

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