How do you take someone to small claims court?

Mithrandir · Post by **Mithrandir** » Thu Jul 23, 2009 3:17 pm

Prison guard rear-ended me yesterday. Will know tomorrow if car is totaled, Part of the unibody is hanging off. Paid 6500 for the car, probably wont get that much. I still have a bank loan for it.

When i say me I mean my mother lol. I was driving, im a legal driver under her policy and the douche bag is at fault. His company already admitted that.

I need to know how to go about taking him to small claims in the event that the insurance doesnt refund nearly all of the money.

Thanks bros, any help would be appreciated.

Ryan from Ohio · Post by **Ryan from Ohio** » Thu Jul 23, 2009 4:25 pm

$6,500 more than likely exceeds small claims courts.

If you paid $6,500 for the car you wont get it, you have been using it.

You will get BLUE BOOK value, thats it. If you owe more than car is worth, they may pay up a little more. However DO NOT reveal (under any circumstances) what you still owe on the car. If you owe less than value they will pay it off and thats it.

tomcat · Post by **tomcat** » Thu Jul 23, 2009 5:34 pm

You can also try to talk them up some more if their first offer is not enough. When my firebird got totaled they only wanted to give me 3k but I refused it and affter a couple more tries I got them to give $3500. It couldnt replace it for that but it was as close as I could get.

Mithrandir · Post by **Mithrandir** » Thu Jul 23, 2009 5:46 pm

Ryan from Ohio wrote:$6,500 more than likely exceeds small claims courts.
If you paid $6,500 for the car you wont get it, you have been using it.
You will get BLUE BOOK value, thats it. If you owe more than car is worth, they may pay up a little more. However DO NOT reveal (under any circumstances) what you still owe on the car. If you owe less than value they will pay it off and thats it.

Bluebook is 6.3k so thats fine lol.

I ment id take the guy to court for 1k for the down payment she put on it. Small claims deals with anywhere from 1k to 10k in PA

MobileAudio219 · Post by **MobileAudio219** » Fri Jul 24, 2009 7:53 am

That's what gap insurance is for.

I doubt they will give you $6,500. They'll probably give you what other similar comps in the area are selling for.

Mithrandir · Post by **Mithrandir** » Fri Jul 24, 2009 10:07 am

MobileAudio219 wrote:That's what gap insurance is for.
I doubt they will give you $6,500. They'll probably give you what other similar comps in the area are selling for.

Thats what similar ones are selling fro 5500-6500.

Still takin the guy to court for whatever the difference is lolz

probably for emotional distress also, because this has been an extremely stressful situation.

NorthQuad · Post by **NorthQuad** » Fri Jul 24, 2009 10:10 am

Yeah, do it if you have to. He'd probably do the same to you.

Jon · Post by **Jon** » Fri Jul 24, 2009 11:03 am

You don't have to do that on your own, that is what YOUR insurance company takes care of. That is why you pay a premium. They are your advocates in this circumstance. Make them work for you and don't settle for less than you feel is rightfully yours. As far as taking the guy to court on your own, you probably don't have that right under the law since your only recourse is through his insurance carrier. If you sign off on a deal with the insurance companies, you can go back and get money direct from the owner too. There is a cap on every insurance policy and every cent under that cap is paid by the insurance company. The only time you get money outside of the insurance company is if your damages exceeded his policy value.

Bwcad1 · Post by **Bwcad1** » Fri Jul 24, 2009 11:09 am

Mithrandir wrote:Thats what similar ones are selling fro 5500-6500.

Still takin the guy to court for whatever the difference is lolz

probably for emotional distress also, because this has been an extremely stressful situation.

I'm gonna sue you for making me read this shit.

its emotionally stressful for me.

God i hate when people try to squeeze every ****ing dime out of others under a law suit. Get your 6500 dollars and chalk the rest up to life experience. I have more stress than 90% of people can understand but i don't sue my day job or any other bullshit. at this point your probably going **** THIS GUY HES A FAGGOT. well that maybe true but seriously dude get whats rightfully yours and be done.

Mithrandir · Post by **Mithrandir** » Fri Jul 24, 2009 11:16 am

Bwcad1 wrote:I'm gonna sue you for making me read this shit.
its emotionally stressful for me.
God i hate when people try to squeeze every ****ing dime out of others under a law suit. Get your 6500 dollars and chalk the rest up to life experience. I have more stress than 90% of people can understand but i don't sue my day job or any other bullshit. at this point your probably going **** THIS GUY HES A FAGGOT. well that maybe true but seriously dude get whats rightfully yours and be done.

wtf are you talking about.

We are taking him to court IF WE DO NOT GET THE AMOUNT OF MONEY WE NEED FOR A NEW CAR!! Like it or not he should be obligated to pay for what we paid for the vehicle with-in reason so we can get a new one that is similar mileage and shape.

Im not trying to squeeze him for every penny hes worth wow...