I am being brought to small claims court and i truly believe i am not at fault. the man i was in an accident with admitted to me that he was on his cell phone "trying to call his wife" when it was very cold, February 2014, in wisconsin. i also spoke with his wife after the incident and she also said her husband "was trying to ignore her call" when he hit me. they are trying to sue me for over 6k when we both know that the husband is at fault. the thing is that the police report does not have my statement of the other driver being on the phone while we all know that's why he could not see my vehicle around a corner with 5+ ft of snow right there. I have already fixed my car and paid for the damages out of pocket, and haven't asked them for anything.
If you do not have insurance, then you can simply go in and tell the judge your side of the story. You could also hire an attorney to help you present your side of the story. If you do have insurance, then you should notify them immediately and they will need to provide you with a defense. Good luck!
3 lawyers agree
Criminal Defense Attorney
You should file a counterclaim for your own damages, and ask the clerk about how to get a subpoena duces tecum for their cell phone records. You would certainly benefit from hiring a lawyer to assist you, but there are cost/benefit concerns, as you will need to pay the lawyer win or lose. Avoiding a $6000 judgment against you and recovering your own losses may be worth paying a lawyer, but as others have noted, how the accident occurred is important. Schedule a confidential consult with an attorney in the county where the case is venued.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.