what to say in small claims court?
I am taking the other party involved in a car accident to small claims court. He committed a hit and run and i want to collect money for damages not regarding my vehicle. Reimbusrment for the extended rental car and time loss. i was unable to attend my college orientation and welcome day because i had to stay back home and take care of the car issue. i also missed work and the accident has simply been a burden on my life right now. I cant even drive past the itersection where it happened anymore. It is insane.
1. be prepared. Bring with you to court any documents which may bolster your case. And be able to present your case in a clear concise manner. organize the facts you want to present and maybe rehearse them before you get to court
2. Speak only to what you have first hand knowledge of. Avoid hearsay comments. They are not admissible and they may weaken your case.
3. Dress conservatively and neatly. Don’t call attention to yourself by what you are wearing. Don’t dress like you’ve been invited to a formal dinner at the White House or are headed to the beach
4. Answer only to what is being asked. Do not volunteer any information which is not asked of you. If you do not understand a question ask the judge to repeat it. If a simple yes or no answer is not sufficient to truthfully answer a question you may ask to be allowed to expand on it.
5. Address the court (the judge) and not the other party directly
6. And be sure to always show respect for the judge.
Filed under: Work Accident Claims
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say the truth and you shall be set free
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You’ve got a pretty weak case on all points except perhaps the lost work day(s). It depends on if you didn’t work because you were injured. If it was because of taking care of the car that probably won’t fly with the court as there are usually alternate means of transportation to work.
The rental reimbursement should be included in your claim for damages to your car with his insurance company.
The rest of it is pretty thin, though; don’t think I’d waste my time or the court costs for a minimal return if any.
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I agree with the other posters.
Unless there was a medical reason and proof for lost work days due to the injury, the choice to take off work was yours. As was the choice to take care of the car on orientation day, it could have been handled on another day.
Also, unless you required a doctor’s care for "the stress" this has caused you, that won’t fly either.
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It seems like you have little in the way of "economic damages", or costs that you can prove are a direct result of the accident. You have a responsibility to mitigate damages, or lessen them. Thus, if you COULD have gotten to work and did not, you will likely not be reimbursed for the time you missed. Likewise, when you say you were UNABLE to attend your orientation and welcome day, were you truly unable to go? Even though you had a rental car? If so (or if the rental car could not be taken out of the state), be prepared to prove it.
Bring proof of EVERYTHING with you. Bring pay stubs from the time of the accident to prove how much you earn. Bring some proof that you missed work on whichever days. Bring your rental car contract. Bring receipts for the money you spent on the rental car. Bring proof that your college had orientation and a welcome day when you said they did. If you can think of any other money lost directly due to this accident, BRING PROOF.
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http://www.jreddish.com
1. be prepared. Bring with you to court any documents which may bolster your case. And be able to present your case in a clear concise manner. organize the facts you want to present and maybe rehearse them before you get to court
2. Speak only to what you have first hand knowledge of. Avoid hearsay comments. They are not admissible and they may weaken your case.
3. Dress conservatively and neatly. Don’t call attention to yourself by what you are wearing. Don’t dress like you’ve been invited to a formal dinner at the White House or are headed to the beach
4. Answer only to what is being asked. Do not volunteer any information which is not asked of you. If you do not understand a question ask the judge to repeat it. If a simple yes or no answer is not sufficient to truthfully answer a question you may ask to be allowed to expand on it.
5. Address the court (the judge) and not the other party directly
6. And be sure to always show respect for the judge.
References :
used to testify regularly in court