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  1. #1
    Join Date
    Feb 2010
    Posts
    7

    Default Car Accident Taken to Small Claims Court

    This if for a car accident that occurred in the state of Washington.

    I was involved in a rear-end accident in the State of Washington two months ago. The guy in front of me had totaled his car. He is uninsured. I am insured. He filed for Small Claims 20 days after the accident, and served me just outside the limitations (wish I never answered the door).

    My insurance company has paid him over $3,000 for his car (almost twice the bluebook value of his car). In his small claim he is demanding $3,152.83 for totaling his car, costing him his job and therefore income. My insurance company cannot give me legal representation for small claims, but they are sending a witness to paying him for his car on the court date. My insurance tells me they cannot pay for personal injury (which I have coverage for) unless they want to settle.

    Could I get this thrown out since my insurance has already paid for his car? Should I counter-claim since he was on the road while uninsured?

    The court date is scheduled Thursday, July 1st.

  2. #2
    Join Date
    Oct 2009
    Posts
    20

    Default Re: Car Accident Taken to Small Claims Court

    He was uninsured? Does the state of Washington
    have a minimum liability insurance coverage law
    for those operating a motor vehicle?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Car Accident Taken to Small Claims Court

    He's suing you for what? Simply for more money for the car, plus lost income?

    When he settled his prior claim in relation to the vehicle damage, what was the exact language of the release he signed? I expect that, at a minimum, he gave up any claim for damage to his vehicle beyond the settlement.

    If I were a judge and somebody said to me, "Because I was in an accident while driving illegally with no insurance, I lost my job", I would be inclined to point out that the person had no business driving the car illegally with no insurance. If his job required a car, he should have kept it insured so it would be legally for him to drive on the job (or to and from work). He also has a duty to minimize his damages by obtaining another car, renting a car, even borrowing a car such that he could keep his job.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Car Accident Taken to Small Claims Court

    provide a timeline of when this happened, post documents related to this posting. Without those, I doubt anyone can help.

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