Anyone ever been there?

In the process of having a friend serve papers tonight and it should get the ball rolling.

Regarding an accident that happened back in June.

Other driver was doing 50 in a 15 zone down a blind alley and t-boned my car as I was pulling out.

I got a failure to yeild ticket.

His ticket was knocked down from a misdemeanor wreckless driving to a citation of speeding.

Either way he got speeding, I got a failure to yeild...sounds like the judge is going to have fun.

Sueing him for $3000 for the bluebook cost of my car.

the guys criminal record is as follows:

CR-2006-0008085 -- Battery -- Pending -- 8-2-2006
CR-2006-0006535 -- Burglary - Pending -- 6-25-2006
CR-2006-0004659 -- Speeding -- Convicted -- 6-3-2006
CR-2006-0001327 -- Fail to Provide Insurance -- Convicted -- 2-17-2006
CR-2005-0006477 -- Fail to Provide Insurance -- Convicted -- 7-12-2005
CR-2005-0003946 -- Speeding Thru School Zone -- Convicted -- 4-29-2006
CR-2004-0004556 -- Theft by possessing stolen property -- Convicted -- 5-21-2004
CR-2003-0011915 -- Theft by possessing stolen property -- Convicted -- 12-8-2003
CR-2003-0011915 -- Drivers License Alterted/Revoked -- Convicted -- 12-8-2003
CR-2003-0011528 -- Battery -- Convicted -- 11-25-2003
CR-2003-0011528 -- Stalking -- Convicted -- 11-25-2003
CR-2003-0011528 -- Stalking -- Convicted -- 11-25-2003
CR-2003-0009098 -- Speeding -- Convicted -- 9-22-2003
CR-2003-0009098 -- Fail to Provide Insurance -- Convicted -- 9-22-2003
CR-2003-0004539 -- Speeding -- Convicted -- 5-17-2003
CR-2003-0004049 -- Speeding -- Convicted -- 5-1-2003
CR-2003-0004049 -- Fail to Provide Insurance -- 5-1-2003
CR-2003-0001359 -- Fialure to Stop at Stop Sign -- 2-4-2003

I'll stop there lol. for some reason no-one wants to serve him papers...lol

Should I bring up his record in small claims court?

What do you think are the relavant points to show that he had MORE THAN 50% responsibilty for the accident?

I'm no lawyer, but bringing that up sounds like you can't loose. Just by looking at his record, you'll be able to get that 3k easily, but I'd wait for others opinion as I'm basing this on my Law and Order and Judge Mathis knowledge, lmao!

You had best watch out for retaliation... you know the guys history.

Just out of curiosity, even if you do win how to propose to collect? I don't think hes just going to cough it up and I suspect that he may be in jail shortly.

Small claims is a civil court. His record is a criminal record. I'd be very surprised if the judge would consider his record for this 'specific event' (the accident)

NOT THAT I BELIEVE IT, but the evidence presented so far shows negligence on both sides. In theory, he could counter-sue you for his car, because you failed to yeild. :(

I feel for you. These situations suck. But be prepared for this to not be a 'slam dunk', and possibly worse.

(Forgot to look, your not Canadian are you...if so then I have NO idea)


Now the legalize: Every thing in this post is wrong. Consult your lawyer. (Really. You can't bring one into small claims, but you should pay for hour and confirm for yourself whether this is worth it, or if you may be making things worse.)

Do you guys have insurance in Idaho? I can only speak for Penna from the insurance angle. Insurance is required to drive. Here you would have what is literally called a 50-50 accident. Both parties got tickets, so each insurance company settles up with their own customer. No litigation would ensue, unless there was personal injury to one or both of the parties. Then the answer gets complicated depending upon the amount of liability coverage you have and the amount the plantiff files for.

Great idea to talk to a lawyer before you go in. You really need to know if you are wasting your time. And if it is legitimate, potential proceedings.

The rest is just from my experience with a small claims adventure. The best advice I got that the judge wants this out of his hair, and as quickly as possible, no muss, no fuss.

I would have a copy of the police report and any photos you need to explain the situation to the judge. Your owner'* card. Also, the bluebook, or a signed and notarized value for your car from a dealer. There may be something in the police report that indicates, even though you did pull out, the speed of the oncoming vehicle was so high, he was not "visible" when you looked both ways, before pulling out.

Dress appropriately. Speak only to the judge, and when it is your turn. About 3 days after these guys get on the bench, they are sick and tired of cat fights and yelling matches in their courtroom.

Keep your fingers crossed. It looks like this guy might be courtroom averse. If the other guy doesn't show up and the judge is in a bad mood, he may go into a mode called " I don't care about points of law, I'm going to do what I feel like" and find for you.

99% sure criminal record is to be completely ignored in small claims court.

99% sure you are wrong!

depends on the judge....

Hans...has he started stalking you yet?