Legal Question in Personal Injury in Indiana

I was in a fender bender which was not my fault 17 yr old kid did not have insurance and we did not file a police report can I win in small claims court or would I just be wasting my money?


Asked on 1/07/10, 10:11 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Can't tell. Are your damages all property damages? Are the child's parents still around (They probably agreed to be liable when the kid got his license.) Is there any real dispute about what happened, or can the kid blame you?

Strictly speaking, the answer is yes, you CAN win, which is different then yes, you WILL win. You're not out a lot of money to go to small claims, but there's no way to know ahead of time based upon the information you have provided whether it will be a waste of time.

Good luck.

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Answered on 1/12/10, 10:32 am

As a victim, bringing a suit, you have the burden of proof of proving that the damage was more likely than not caused by the pther driver. Based on the information provided, I cannot tell you whether you will win. The cost is minimal, $86 I think. The Indiana Judiciary has some very good information on small claims procedures. I suggest that you look at it. good lcuk.

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Answered on 1/12/10, 11:05 am


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