Small claims court, advice

[apples]

It looks like the gf will be heading to small claims court, and odds are I will be there with her. I was wondering if anyone could provide some advice, any advice, everything will help. Anyways here is the story as to why we are going:

In October my girlfriend was hit by a guy trying to burn a U turn, and cut right out in front of her. Buddy A takes off, leaving one of his friends, Buddy B, behind. Cops show up, Buddy B gives them Buddy As information. Buddy A's brother talks him into coming back to the scene.

So:

- Cops determine Buddy A is at fault in the accident.
- Buddy A has no license
- The vehicle being driven was Buddy B's dad's vehicle, Dad B. Buddy B drank too much and made Buddy A drive
- Car is declared a write off by like 5 different mechanics
- GF paid 2800 for it in September (1 month before accident)

We take the police report and begin filing an insurance claim. This is where everything gets wack:

- Dad B's insurance company refuses to answer our calls
- Dad B refuses to speak with us because he claims he has nothing to do with it
- Buddy A is willing to pay for half $1400
- Buddy B agreed to pay for half $1400, and then bailed on the first payment
- We have a signed, witnessed contract indicating they would pay for the accident


Aight so on top of small claims advice, who should we be suing
- Dad B's Insurance company?
- Dad B?
- Buddy A?
- All of the above?

Again, any advice would be fantastic.

Thanks

[kaput]

.

[apples]

Is small claims court actually similar to what is on those shows. Like do you speak directly to the judge, submit evidence "on the fly", or is there a procedure for submitting evidence pre-trial?

I ask because all we really need to do is submit the police report. With that the judge can decide who needs to pay-up. I just want to make sure we don't screw anything up.

[Mr_John]

how old are the kids?

[apples]

Both over 18. 18 and 19 I believe.

[Mr_John]

here's my point of view
i could definitely be wrong though

on my final for business law i had a few similar questions like this and it was who to sue and who not to sue

i would sue the kids since they're in contract
since both are over 18 and legal adults - they're at fault

dad i probably wouldnt sue because he has nothing to do with this but perhaps you could?

you should definitely talk to a lawyer or someone who is very familiar with the law

[apples]

^
I was thinking the dad because the vehicle is registered and insured under his name. As Buddy A has no insurance I thought it would default up to the dad, correct me if I am wrong on that one.

What do you think about suing the Dad's insurance company? Again this is based on my assumption that it defaults up to the dad.

But yeah, you are right, we really need to get some kind of legal help

[Xtrema]

People, here's a fine example where full coverage would mean less headache. Instead of doing the run arounds, if you have full coverage, your insurance would pay out right the way and it would be up to your insurance company to deal with the other party's insurance company to get reimbursed.

Plus, you now also risk not get paid if your GF feel the injuries down the road if she's in the car at the time of the accident (the car IS totaled after all). Settling on such contract it may screw you up on and medical compensation you need down the road.

Here's what I would do in your situation, no matter what the kids say they would pay, just get the lawyers on the insurance companies ass, preferably an injury lawyer too and get money directly from insurance. Getting money from people is tough no matter if you win in court or not.

Anyway, instead of asking us, go get some real legal advice. Most injury lawyer will consult for free if they smell blood.

[HRD2PLZ]

Originally posted by Xtrema
Anyway, instead of asking us, go get some real legal advice.

I think thats the best advice...

[apples]

allright cool, thanks for the help guys

[l8braker]

Best advice would be to get the most rabid pitbull of a lawyer and get his mean ass on everyone involved here.

[TrevorK]

I'm a bit lost.

Why isn't your gf's insurance company taking care of all of this for you if the insurance companies have both agreed you are not at fault? Your rates don't go up if the accident isn't your fault.


If you are suing an individual then you sue the driver. The driver will then pass the paperwork along to the appropriate insurance company, who will then show up in court (Unless the driver doesn't want to involve insurance).

[Khyron]

Also I was under the impression that the insurance follows the car - ie, if your kid crashes your car, you're still liable. If your kid gives the car to a buddy and he crashes it, your insurance still pays.

Khyron

[max_boost]

I'm a bit confused with what's going on in this situation.

My gf crashed my car 1.5 years ago without insurance on my policy. Of course I was held liable and my insurance went up but it's clearly documented that she was the driver (it also affects her insurance in the future as well). My insurance took care of everything and recently we were notified that we (both of us) are getting sued.

[TrevorK]

Originally posted by max_boost
My insurance took care of everything and recently we were notified that we (both of us) are getting sued.

Then all you need to do is pass the court papers onto your insurance company, as they will fight it (You only pay if it goes over your liability amount).