Legal Question in Personal Injury in Illinois
Cost of Damage to Property
In the state of Illinois small claims court do you need a paid receipt to prove the cost of dmaages or will estimates work?
2 Answers from Attorneys
Re: Cost of Damage to Property
An unpaid bill i sgenerally not admissible at trial without expert testimony. However, under Supreme Court Rule 276, the trial judge is invited to take a more open approach to such evidence as bills or estimates. At the time of the trial, you need to tell the judge that you want to proceed under SCR 276 and see what he does. If he refuses, then you will need an expert (possibly the person who has rendered the estimate) to come and testify in your behalf. Good luck!
Re: Cost of Damage to Property
Under Illinois evidence rules, a bill is admissible into evidence at trial only if: 1) the has bill been paid: or 2) a qualified expert has testified that the unpaid bill is in a reasonable amount. Without expert testimoney at trial, an estimate is not admissible into evidence. The person who made the estimate may qualify as an expert witness, but the judge could also decide that the he or she does not so qualify. In small claims, however, the judge may, but need not, relax the rules of evidence.