Auto Insurance Claims: Filing a small claims suit, Small Claims Suit

Question
Hi Justin, I was in an accident coming out of the freeway exit. I was at a complete stop at a stop sign and the other driver rammed into my car from the back end. It turns out the vehicle he was driving had faulty mechanical problems and he was unable to stop before hitting me. The vehicle is his girfriend's and she was the only one on the insurance policy. They called in the claim to their insurance the same day, but about a week later their insurance called me letting me know he's not covered so they arent paying for the damages to my vehicle. I called the other driver and his girlfriend, and they said they would cover the costs out of pocket. I got a few estimates and gave them the cheapest price I found, now they said they cant afford it and have stopped taking my calls. I'm planning on filing a small claims suit against both of them, this would be my first time in court so I'd like advice on preparing for the claim. Thank you.

Answer
That's a very tough question Jennifer.  The small claims system varies so widely by State that I would need to at least know the State where this occurred in order to give you any good direction.  Nevertheless, here is my two cents. . .

1.  It seems pretty clear that the driver was negligent.  Make sure you have damage photos and estimates, and if you have a police report, then that would be very helpful as well.  If there was no police report, be aware that the other party could lie about how the accident happened, and then you will be in a "he said / she said" scenario which is not good in litigation.

2.  There are other remedies (almost every State has a "financial responsibility act" or something similar) like driver license suspension and such.

3.  If the vehicle had mechanical problems, then the owner could also be liable for negligent entrustment and improper maintenance or negligent maintenance or something of the sort. Proving negligent entrustment is normally a case for a bigger court because it can get complicated (there are traditionally five elements that have to be proven in order to success in getting a judgment for negligent entrustment).


All in all, there is normally not much risk in going ahead and pursuing the small claims route, with a judgment, there are more remedies available to you.  Don't be afraid to call us directly, we will point you in the right direction for free.  I hope this helps a little bit. . . .

Sincerely,
Justin Petty