QuestionBecause the difference in the demand cannot be resolved and the at-fault car insurance closed the claim case down, I have no choice but have to file the lawsuit in a small claims court. I have no intention to lower the demand amount for the judgment. If the adverse insurance contacts me, is it necessary to negotiate with the insurance again or just let it go and why? Thank you for your answer.
AnswerHi Ruo,
There is absolutely no requirement to lower your demand. Check with the small claims court, but I have never heard of such a rule. It would not make sense. In fact, I will advocate below how to sue for more than the jurisdictional limits, so the judge can see that it would make no sense to compromise. Be sure to tell the judge at some time during the proceedings that the other side closed off any chance for negotiations or compromise by closing its file. Hence, the need to file this lawsuit.
Here are three tips for success in small claims court.
#1. Fight long and hard to keep out any insurance attorneys. Get the court clerk or office manager to give you the STATUTORY AUTHORITY for the court in which it mentions small claims court is limited to the parties ONLY---and no attorneys (unless perhaps if the defendant is a corporation).
Why should the adverse party be able to avoid that rule just because she wanted to buy insurance that is unreasonable.
Do NOT be intimidated by the judge if she allows in attorneys. Tell her that she does not have the authority to modify the statutory authority and the legislature decided to make this an attorney-free zone and you demand that she reverse her order. Don't be afraid--she will like it to see someone has the horsepower to step up and give her a legal argument.
#2. Get all of your proof in writing and photos. It is a lot easier for the judge to give you the full value. Get photos of the scene and the car and photocopies of your repair bills and any doctor bills. All relevant evidence should be in writing.
If there is an injury claim, bring along a witness.
#3. Go ahead and put in a value of your damages IN EXCESS of the jurisdictional limits in BOTH your Complaint (or other form that they use to file your claim) AND in your proof before the court at trial. Let’s say that the limits are $4,000. You can claim damages far in excess of that, say $5,000. Then in your Complaint, you pu in a paragraph labeled JURISDICTION. And you state that in order to invoke the jurisdiction of this court, plaintiff, for THIS PROCEEDING ONLY willingly reduces his claim to the jurisdictional limit of this Court, to-wit: $4,000.
What that does is to dissuade the judge from making any compromise in her award. Without that statement, a judge might be tempted to listen to a defendant’s attack on your proof of damages and award $3,200 to you. But since she now knows that the true value of the claim is in excess of $4,000 by proof, she will be less tempted to lower her award.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
