Legal Question in Personal Injury in California
Do I need an attorney?
I am taking a lady to small claims court for hitting my vehicle which she admitted to at the scene. Since it was little damage to my vehicle and I was in shock as my car was only 2 weeks old, I failed to call the police. Later she reported that she never hit me. I had to pay to fix my car, the rental and headaches. I have her insurance card that she gave to me at the scene. Isnt this proof that she actually hit me. What kind of idiot would give their insurance card if they didnt do anything? Anyways, I am taking her to small claims and I want to make sure I get what I am owed. Can I do this alone and win the case?
4 Answers from Attorneys
Re: Do I need an attorney?
You can't have an attorney for small claims. You have to do it yourself. That is the whole purpose of small claims. It will be your word against hers. But, since you have her insurance card, that will place her at the scene. Then, you will have to explain the facts of the accident to the judge. If the judge believes you, you win. Good luck and thanks for inquiring.
Re: Do I need an attorney?
No idea if you can win since I do not know all the facts. But since you have her insurance card and have proof that your car was damaged and how much you paid to fix it, you should prevail. The fact that you did not report it is immaterial. Most police stations will not take a report if there is no bodily injury. Good luck
Re: Do I need an attorney?
Be sure to have copies of your rental bill, repair bill/estimate, and photos (if any) for the judge and the lady you are suing (defendant).
Explain how the accident happened, how she admitted fault (and what she said), that she gave you her ins. card, and go over your documents.
Be sure to also ask for your filing fee and costs of serving the defendant with your suit.
Good luck and thanks for your question.
Re: Do I need an attorney?
You cannot bring an attorney in small claims court. You should file a claim with her insurance co. Then go to small claims court.
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