Small claims court? anyone with experiance?

Love@FirstRide

Junior Member
Joined
Sep 24, 2014
Messages
140
Reaction score
0
Points
16
Location
Montrose, Colorado
Visit site
Well, a few of you may remember my post on getting knocked off my bike entering a Walmart parking lot, that resulted in the other guy getting the ticket. So apparently in Colorado police reports are not admissible in court. My x lawyer dropped my case because it would be too hard to prove without any witnesses because the police report is useless.

I'm basically ranting here but I'm frustrated my bike has frame damage and his insurance is trying to say it was 50/50 at fault so they are not going to pay. I didn't get collision insurance because it was another 2000a year nearly what i payed for the bike and i figured if i messed up its on me. But damn. The lawyer said i was a victim of the system with the parking lot accident.

The lawyer said they could continue to investigate and try to find witnesses but if they didn't and we lost in court id have to pay for that.. I don't have any extra cash so that was not really an option.. =\


So point of the post. Smalls claims? anyone ever had to do it?
 

Love@FirstRide

Junior Member
Joined
Sep 24, 2014
Messages
140
Reaction score
0
Points
16
Location
Montrose, Colorado
Visit site
you think i should let them try to find some? people were there they asked me if i was alright, but nobody stuck around til the cops showed but a boy who was like 13. The cop didn't put him as a witness on the report because it was a kid.
 
Last edited:

Serzedo

Junior Member
Joined
Jun 8, 2015
Messages
213
Reaction score
1
Points
18
Location
Ermesinde, Portugal
www.mototurismoadois.pt.vu
Police report isn't elegible as proof, but does the cop remember the crash? He could testify if he remembers the crash, can't he?

Also, if you want to go deep, camera footage of the people that talked to you, they can get to their numbers through the security cameras and the cash machine registry... just my two cents.

"V"
 

Love@FirstRide

Junior Member
Joined
Sep 24, 2014
Messages
140
Reaction score
0
Points
16
Location
Montrose, Colorado
Visit site
So there are camera's on the intersections but they do not record. so that route doesn't lead anywhere. spoke with cdot and the local pd. =\

Walmarts cameras don't show that entrance to their parking lot, so nada on this route.

My plan is to make sure he gets convicted of the careless driving in court then go to small claims? so I that on my side?
 

RoadGator

New Member
Joined
Jun 23, 2015
Messages
85
Reaction score
0
Points
0
Location
Tampa
Visit site
Police report isn't elegible as proof, but does the cop remember the crash? He could testify if he remembers the crash, can't he?

Also, if you want to go deep, camera footage of the people that talked to you, they can get to their numbers through the security cameras and the cash machine registry... just my two cents.

"V"

Speaking of which...isn't Walmarts parking lot covered in cameras? I know here they are, 2 on every corner of the building overlapping views.
 

raja777m

Ride like you own it..!
Joined
Mar 31, 2015
Messages
848
Reaction score
2
Points
0
Location
Charlotte, NC
Visit site
you think i should let them try to find some? people were there they asked me if i was alright, but nobody stuck around til the cops showed but a boy who was like 13. The cop didn't put him as a witness on the report because it was a kid.

may be a stupid question, walmart parking lot? don't they have cameras? Did you try getting your video?
 

Serzedo

Junior Member
Joined
Jun 8, 2015
Messages
213
Reaction score
1
Points
18
Location
Ermesinde, Portugal
www.mototurismoadois.pt.vu
If the cop remembers the incident and if gets to testify you have a very good witness there, or get some witness that could have seen the crash.

Guys he already said the cameras didn't cover that particular site.

"V"
 

VEGASRIDER

100K Mile Member
Elite Member
Site Supporter
Joined
May 5, 2007
Messages
6,495
Reaction score
127
Points
63
Location
RENO, NEVADA USA
Visit site
Sounds like you need to find another insurance company. Another $2k for collision in a small Colorado town? I pay full coverage $400 a year with Statefarm
 

Love@FirstRide

Junior Member
Joined
Sep 24, 2014
Messages
140
Reaction score
0
Points
16
Location
Montrose, Colorado
Visit site
I'm 22 and got a dui on my 20th birthday plus lots of accidents mostly not my fault but still like 3 claims already not my fault, got my 07(newtome) Lexus wrecked by a drunk driver, got rear ended. Got hit by a Honda on my shadow 500, Ironic right, in Miami.
I did one time take out 2 lamps posts in my Acura when i was 17 lol


So it came out to like 900 for the year with deer and stolen coverages lol pretty high still i probably should have shopped around i already had a street legal dirt bike insured and i just kinda upgraded the policy with the bike lol
 
Last edited:

Motogiro

Vrrroooooom!
Staff member
Moderator
Elite Member
Site Supporter
Joined
May 8, 2008
Messages
14,968
Reaction score
1,137
Points
113
Location
San Diego, Ca.
Visit site
I just reread your original post on the incident. The LEO gave him a ticket. For what? Surely the court can instantly look up his violations. If you did something wrong shouldn't you have received a ticket? Do you have his information to present to the court?

The following might sound a little harsh but believe me it's not a judgement as much as looking at the mechanics of how and what happened.

I'll bet you most people will believe you were in the wrong just because you ride a bike. Remember that technically you clipped him and if your life and limb depended on it you would lose one of those for just being there. This is the responsibility of riding. It's not whether someone else is right or wrong in what they do. It's what you brought to the party. If your life or being depended on it did you do the right thing? I promise you that riding on a bike is much much more than being able to maneuver the bike and know the laws. We as riders must be psychologically/emotionally altered to what is right or wrong on the part of someone else because there is much less room for error and a greater price to pay. This doesn't mean the Jeep guy is not at fault for his actions but it does mean that you should accept your inability to allow for his indecision.

I try to expect courtesy and civility from other people on the road but I know that there are too many options against that..... But it is possible even in chaos... :)

[video=youtube;x0t39ONiBO0]https://www.youtube.com/watch?v=x0t39ONiBO0[/video]
 

Love@FirstRide

Junior Member
Joined
Sep 24, 2014
Messages
140
Reaction score
0
Points
16
Location
Montrose, Colorado
Visit site
I know where your coming from and i was being impatient and that led to the accident but he got the careless driving ticket therefore i think his insurance should be responsible. BUT your absolutely right i should be more cautious it is my body taking the hit. I'm just most pissed my frame slider bolts caused frame damage and I'm wondering if its possible to weld


Yeah i think that i have enough to win in small claims court given the fact he was ticketed and i was not.
 
Last edited:

VEGASRIDER

100K Mile Member
Elite Member
Site Supporter
Joined
May 5, 2007
Messages
6,495
Reaction score
127
Points
63
Location
RENO, NEVADA USA
Visit site
I'm 22 and got a dui on my 20th birthday plus lots of accidents mostly not my fault but still like 3 claims already not my fault, got my 07(newtome) Lexus wrecked by a drunk driver, got rear ended. Got hit by a Honda on my shadow 500, Ironic right, in Miami.
I did one time take out 2 lamps posts in my Acura when i was 17 lol


So it came out to like 900 for the year with deer and stolen coverages lol pretty high still i probably should have shopped around i already had a street legal dirt bike insured and i just kinda upgraded the policy with the bike lol

Don't take this the wrong way, but if you have already encountered numerous crashes regardless of who's at fault at such a young age, is riding a motorcycle a good idea. If you are accident prone, maybe you will be much safer in a car.
 

Serzedo

Junior Member
Joined
Jun 8, 2015
Messages
213
Reaction score
1
Points
18
Location
Ermesinde, Portugal
www.mototurismoadois.pt.vu
Or it will not be safer to ride a car, since people get less concerned when driving one.

I only had one motorcycle crash and it was not my fault, in the same amount of time I had more crashes when driving a car and it wasn't my fault too most of them I was stopped.

"V"
 

MakersTeleMark

Junior Member
Joined
Apr 12, 2013
Messages
93
Reaction score
2
Points
8
Location
Central Colorado
Visit site
You'll be able to get the police report into evidence in small claims court in Colorado. You will also likely be able to get it in in the higher courts if you have the police officer testify.

Your lawyer sounds like a hack.
 

Love@FirstRide

Junior Member
Joined
Sep 24, 2014
Messages
140
Reaction score
0
Points
16
Location
Montrose, Colorado
Visit site
i contacted another attorney who seems to think the fact that we had the officer come is enough to win because he was the trained professional who made the call on whose fault it was.
 

Hellgate

Moto Demi-God
Moderator
Elite Member
Joined
Jan 13, 2008
Messages
6,929
Reaction score
85
Points
48
Location
AUSTX
Visit site
Even if you win good luck collecting. In Denver waaaay back in 1983, I was T boned on my bicycle. I finally took the guy to small claims court after getting the run around, won, but could still never collect any money from him. I spoke with the Police and Sheriff, nothing they could do.
 

RoadGator

New Member
Joined
Jun 23, 2015
Messages
85
Reaction score
0
Points
0
Location
Tampa
Visit site
Even if you win good luck collecting. In Denver waaaay back in 1983, I was T boned on my bicycle. I finally took the guy to small claims court after getting the run around, won, but could still never collect any money from him. I spoke with the Police and Sheriff, nothing they could do.

That is why you get a judgment to garnish wages and put liens on vehicles and/or homes.
 
Top