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Should I go to small claims court over auto accident?

Omaha, NE |

I was in an auto accident and I turned left on a green left turning arrow while a car from the opposite direction took a right turn on red. We were turning on a two lane street and the other vehicle took a too wide/too fast turn and hit by back passenger door with the front of their car. We both filed claims and my insurance company put them at 100% fault while they denied liability. Since I do not have collision, I would personally have to take them to small claims myself. However, there was no witnesses (except the passenger of my vehicle). Also, they refused to talk to my insurance company and told them that I merged into their lane (over 100 feet AFTER the intersection ) even though the official investigator report clearly shows it happened right after the turn. Should I sue?

Also... If I can sue in small claims court. What type of evidence should I be expected to bring? I already ordered an investigator's report, the written documents from my insurance company, photos of my damaged vehicle, and estimates of my damaged vehicle along with the witness (which was the other passenger of my car). I'D ALSO LIKE TO MENTION... The accident involved my passenger and I (vehicle 1) and a lady (vehicle 2). However, their insurance company got their side of the accident from the lady's (vehicle 2) HUSBAND and not the wife. The husband was NOT in the accident at all. Is this a valid point to bring up in the court case, as well?

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Attorney answers 3

Posted

It's a business decision. Your time and expense v. the damage to your vehicle. On these facts you have a likely shared scenario; the percentage to be decided by the judge.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Posted

You have nothing to lose by suing them in small claims court. Here is some information about small claims court in Nebraska: http://supremecourt.ne.gov/self-help/7223/small-claims-court . You will notice that the most you can get is $3,500, so if your damages are substantially higher, you may want to at least speak with an attorney. Otherwise, the rules of evidence in small claims are relaxed, and you should be able to bring in the police report, the damage photos, estimates, and your passenger to testify. If they provide only the husband's testimony at the hearing, that will not look good at all and I think the judge would rule in your favor. Keep in mind that attorney's cannot participate in small claims court.

Good luck.

Posted

If the damage was minor

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