Someone hit me in a parking lot . That person said we were both backing up which is not true . Their insurance company only wants to pay 50s of damages to my car . They said the photos the adjuster took showed backwards movement . Can the Defendant use any statements , their evaluation of the photo's and how they made their decision based on photo's ?
Animal Attack and Dog Bite Attorney
See prior response. Bring your witness to the hearing to testify.
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Personal Injury Lawyer
Unfortunately, that may come up in court. The rules of evidence do not generally apply in small claims court. However, if you have a reasonable judge, he/she should realize that the insurance company's statements and positions are almost always self-serving and one sided. My experience is that small claims court is nothing more than appearing in front of Judge Judy. Sometime she gets it right, sometimes she does not. But, what I can say is that she does weed through self-serving statements like those of the opposing insurance company. Best of luck to you!
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3 lawyers agree
Personal Injury Lawyer
The ins co adjuster is not allowed to testify unless they actually are a witness. If they saw the crash, ok. If they spoke to you or a witness, and are testifying to the conversation, probably ok even though technically it may be hearsay. The adjuster cant give opinion about who was backing based upon their review of the photos etc. unless they can qualify as an expert in accident reconstruction. If adjuster has been trained and has experience in pro damage cases, they can probably give opinions about the amount the repairs should cost etc. Some small claims court judges arent aware of the limits on adjusters. You can talk to the small claims court adviser to ger citation to the code sections so you can respectfully point it out to the judge if he/she doesnt know the limits.
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