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  1. #1

    Default Vehicle Property Damage Claim In Civil Court

    I FINALLY have my day in court for an accident tomorrow - the issue is a woman pulled out across 2 lanes of traffic to travel the other direction. SHe was found 100% responsible for the accident and cited for improper entrance to roadway. Her insurance company offer 70% of damages which total $4500 stating because I hit the side of her car that demonstrates to them SHE HAD CONTROL OF MY LANE!? This was state route and has 2 lanes going east and west bound with a center turning lane and she tried to bolt across 2 lanes of traffic to travel the opposite direction.

    I have a question about going to court as it is my understanding the traffic report completed by the state trooper is not admissable in court?

    What about the fact she was sited for the accident - can I use that part or NONE of it?

    I have a notarized statement from a witness who was travelling in the lane next to me that when she went to make a right hand turn the woman in the car pulled out in front of me...

    If I cannot use the accident report as part of my case ---when I say the driver was cited under code such and such ---do I have to produce documents to prove that fact? How do I prove that without the accident report?

    ANy input is greatly appreciated. I did consult 2 attornies who basically required 30% of the claim to represent me (which meant I may as well have taken the settlement... so I decided to take it to civil court myself as this is so cut and dry ...or at least seems that way. I am not seeking anything but actual repairs - no injuries - no loss of use of vehicle etc...

  2. #2
    Join Date
    Mar 2005

    Default Re: Civil Court Advice - NO INJURIES -Property damages only

    This is small claims court?

  3. #3

    Default Re: Vehicle Property Damage Claim In Civil Court

    Yes --at the local Magistrate Office.

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Vehicle Property Damage Claim In Civil Court

    You prove your case through testimony and admissible evidence. Small claims can be relatively informal, so you may get away with making recitations of hearsay or submitting hearsay documents, but the court probably will not rely on that information when making its decision. The court may entertain a notarized statement - check the court's policies - but it's always better to bring in a live witness.

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