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Asker
Posted about 3 years ago.

Thank you very much! I will read that right now!

If we went to Superior Court, I was under the impression that we would need, or that it is extremely recommended, to be represented.
No one will take our case on a No Win, No Fee basis, do you know the general amount we might expect to pay in upfront fees for this type of case, or could we potentially represent ourselves?

Robert Adam Meyers
Robert Adam Meyers, Insurance Law Lawyer - Seattle, WA
Posted about 3 years ago.

My pleasure.

Yes, the conventional wisdom is that it's usually better to retain counsel to litigate in Superior Court -- and I typically agree with that conventional wisdom. However, one major reason for that conventional wisdom is that [1] the opposing party may retain counsel to represent him in Superior Court, so [2] if you represent yourself, you could be at a disadvantage. Here, as I mentioned, it's arguably unlikely that the other driver will retain counsel, so that reason probably doesn't exist here. If he did "lawyer up," you'd be at liberty to voluntarily dismiss your complaint in Superior Court and refile in small claims court. (You'd just need to pay filing and service fees again.)

Another reason for the conventional wisdom is that Superior Court procedure is a bit more "involved" than small claims court procedure, and Superior Court cases often take longer to resolve. But, Superior Court judges are pretty patient and lenient with parties who represent themselves -- and as I mentioned, there's a chance that the other party will just default at the beginning of the case.

In light of these factors, in my view, under your specific circumstances, it's probably worth at least reconsidering the conventional wisdom and considering an action in Superior Court.

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Asker
Posted about 3 years ago.

Thank you so much, this was extremely helpful!