Small claims court? anyone with experiance?

TownsendsFJR1300

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Technically the cop didn't see the wreck HOWEVER, he can testify to the physical evidence he SAW on scene. (point of rest, location of impact, etc). ( Why the report is not allowed is beyond me but)...

It shouldn't cost much to file in small claims court and you won't need a lawyer. Sue BOTH the driver and the INSURANCE company.. The Ins Co is who'll have the money. It'll cost them more to send someone to court to represent them (and will more than likely settle before it even gets that far)..



Some leg work NOW on your own, will help as well..

Take pictures of the intersection, damage to your bike. Make notes NOW what the other driver SAID TO YOU, EXACTLY.

If their car is still damaged and you can swing by there, snap some pictures of the damage. (Include a picture of their tag as well).

Like "Judge Judy"s court room, draw up a good pic of the intersection with both your vehicles and have your pictures to back up your sketches..

You'll need an WRITTEN estimate of damage to your bike, property, gear, etc should you prevail. If the bikes totaled, a value of that as well.
 
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Love@FirstRide

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Spoke with the officer hes adding to the police report that the guy admitted that he started the right turn then went left. It wasnt said in the police report that he admitted to doing it. That should help too. Thanks guys for the responses

Should i wait till he is proven guilty on his ticket before taking it to small claims? or do it now and just have the police report plus LEO on my side.
 

TownsendsFJR1300

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I would keep track of how the ticket is handled (please guilty, not guilty, bench trial etc).

You would have a better case with a conviction, or better yet, a guilty plea from him officially.

Down here, you usually have up to 30 days to go to court, pay the fine, etc
 

Love@FirstRide

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Bit of an update, so the officer filled an addendum to the report. It says initially the other driver said his slight veer right was by accident from him putting his turn signal on. he spoke with the officer a week later and admitted that he was attempting to make a u-turn that's why he started right and went left.

Basically he admitted fault is what I'm taking away from it. We shall see what his insurance company says now.
 

raja777m

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Bit of an update, so the officer filled an addendum to the report. It says initially the other driver said his slight veer right was by accident from him putting his turn signal on. he spoke with the officer a week later and admitted that he was attempting to make a u-turn that's why he started right and went left.

Basically he admitted fault is what I'm taking away from it. We shall see what his insurance company says now.

Wish you a very good luck bro. Come back with a good news again.
 
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