QuestionI live in the state of Minnesota. I was going north at an intersection with the right of way ( no signs or lights). As I was approaching the intersection the other driver who had a stop sign pulled his commerical truck out in front of me, causing me to come to a complete stop. The driver now blocking my lane and unable to get into the southbound lane, the defendant then proceeds compelete his turn into the lane next to me (which is a left turning lane) and as he does this the back of his truck clipped my turn light and fender off. The driver claims that I was speeding, which I was not, how else would I'd been able to stop my vehicle? The driver committed two offensives, the failure to yeild right of way at the stop sign, and failure to act with due care when proceeding to finish his turn. Had the other driver waited for southbound to clear he would've had enough space to turn into, instead of making a sharp turn into the lane next to me. The police officer did not even cite the other driver for failure to yeild right of way, even though I repeatedly told the officer I'd approached the intersection before he pulled out in front of me. The other driver claims I was speeding. The officer says he does not know what to write down and will have to let the insurance company figure it out. When I received the report the office had stated I should've slowed down to let the other driver complete his turn? I had the officer amended his report because this was not how it happened, the driver had not pulled into my lane until I approached. I did, I came to a complete stop, otherwise our vehicles would had collided. The other driver clipped my car while turning. So now his insurance is denying my claim. My question is, if I take him and his employers to small claims court, what evidences do I need to prove and is it enough? Do I only need photos of the damages to my car, photos of the intersection where he had a stop sign, and I had no traffic restraints, and a video recording of the roadway to show the flow of traffic to stimulate flow of traffic at that time. And do I only need to cite that he breeched his duty to yeild right of way to me and his duty to act with car when turning. My duty to avoid his truck was completed when I stopped my vehicle. There were no shoulders and I could not have gone around the truck as his front was in my lane while his other half was still on the cross street before he completed his turn?
AnswerI understand your frustration. You appear to have thought this through and have a good idea what to do in small claims court.
If you have a witness, obviously you want to have that person testify. It would also be helpful if you had photos of the truck, although this might be hard to obtain. If you know where it is parked you might be able to take a picture with a zoom lens. You should also make a detailed scene diagram, including both vehicles and all street markings. Make sure it shows what you want the judge to understand. I have found these can be very convincing.
Bring copies of everything as you will need to provide them to the other side as well as the judge.
Write out what you want to say in advance and practice it. Bring notes with you to make sure you don't forget anything important. Even though you are upset, maintain your composure in front of the judge. In the end, this will come down to who the judge believes more, and you want the judge to like and respect you.
Think about the other driver's version in advance and think about how you would like to cross-examine him. One rule of thumb in court is to never ask a question you do not know the answer to already. You want to get him to say things that help your side. Sometimes you can do this by getting him into a rythm, by asking several easy questions in a row that he answers yes to quickly, and then slipping in a question he is not expecting.
You will need to prove damages, so bring a repair estimate.
Good luck!
Another option is to let your insurer handle your claim and then file arbitration against his insurer. You'll pay your deductible up front but if they win, you'll be refunded.
