Small Claims Court may be your only option when trying to recover damages from a motorcycle accident.
Some cases are simply not economically viable to pursue through protracted litigation. But that doesn’t mean that you have to throw in the towel. You still may be able to recover some, if not all, of your losses in Small Claims Court, although damage awards are usually capped. You should check with your particular court for the limits. A Small Claims action is an option when either you cannot find an attorney who will take your case and/or your damages do not exceed, or are only marginally greater than, the Small Claims cap.
The most common reason claimants have difficulty finding a lawyer is because the economic upside of the case doesn’t justify the time and money to prosecute it. Personal injury attorneys usually work on a contingency, so they are not paid unless there is a recovery and they generally advance the costs. As such, they have to weigh the economic viability of a potential case. If there is a significant dispute as to who was at fault and the damages are minimal, it doesn’t make economic sense to litigate the case because even if you win, the recovery will not be commensurate with the time and resources expended. In fact, the costs of the case could exceed the recovery, meaning no one recovers anything. Under such circumstances, assuming that you can prevail on the fault issue, your best bet is to try to resolve the case in Small Claims Court. But - be prepared to prove your case.
You, as the claimant, have the burden of proof and most times, your testimony alone is not going to carry the day. To prove the fault issue, you’ll need to bring in all the evidence you can muster, including the police report, and if there were eyewitness who cannot be personally present, obtain affidavits signed under penalty of perjury. Depending on the circumstances, scene photographs and diagrams can be helpful. If you do not have a favorable police report, you will have to develop your own theory of negligence which generally entails finding the vehicle code section or sections that you believe the other person violated.
To prove your motorcycle damage claim you will need estimates of repairs and if the bike is a total loss, you will have to show proof of the market value of the bike which can be accomplished by using ads of comparable bikes and Kelly Blue Book values. Bring in photographs of the bike before and after the accident. You may also want to get an affidavit under oath from the appraiser. To recover for personal property damage such as for your helmet and jacket, bring in the damaged items or pictures with receipts or verification of the purchase price or current cost of those items.
If you are injured, bring in all your medical bills and medical reports, photos of the injuries, and verification of any wage loss claim. Get a letter from your employer setting forth your position at the time of the accident, your pay rate and the time you missed. Also bring in any pay stubs for the period before and after the accident as back-up. Organize all your evidence, so that you can refer to it quickly in court and so that the judge can easily review it. Bring at least two copies, one for the judge and one for the opposing party. Also make sure you research the rules of your particular court to ensure compliance. This might sound like a lot of work, but if you take it one step at a time, it’s not that complicated. Small Claims Courts understand that most people do not have litigation experience and try to be user friendly. One cautionary note – if the other party has insurance, his insurance company will usually pay the judgment. If not, you will have to try to collect from the individual, which can be problematic.
