General Accident Car Insurance Claims to Small Claims Court
There is a small claims court in every city and state to serve those who couldn’t get the settlement done by the defendant or the insurance company. There are people who have to file general accident car insurance claims for damage coverage from the insurance company but couldn’t get the settlement done. So, they can file the case in the small claims court with a small filing fee but they will have to cut short the amount they claimed because the maximum limit of coverage compensation under small claims court cases is little lower than the others.
You can expect the return of compensation if you win your case in small claims court. The procedure is very easy but you need to make sure that you come prepared because the judgment often takes place on the spot. So, It’s better to get accident claims advice from your solicitor.
Procedure to Start the Case in Small Claims Court
The procedure is very simple and easy. You will need to file a form that can be obtained from the court clerk or online as well. You will have to pay a little filing fee that will be returned by the other driver if you win the case. You will have to send the court papers to the defendant’s address. You can hire a sheriff or court representative to do so and the cost will be returned along with the compensation once you win the case.
A Simplest Way
In a small claims court case, the victim or claimant can represent himself without any training for his insurance claims case. There are no technical procedures except you will have the right to send a list of questions, called interrogatories, to the opposite side and they will answer the questions. According to accident management solutions, you will also have to answer the interrogatories received by the opponent otherwise, you can face penalties.
Winning the Small Claims Court Case
As long as you have all the true evidence against your opponent for the accident insurance company, your winning is inevitable. You only need to make sure you provide evidence for both issues. There are two issues called, Damages and Liability.
- Liability: You will have to prove that the other party has been the cause of the accident. If you don’t prove it, you won’t win the case even if you have proven the damages.
- Damages: You will show the proof of your damages in the court. In case you don’t succeed in proving your damages while you have proven the liability, you will not receive any compensation.
Remember to gather every possible witness and evidence you can. It can be either the live witness, the area and the situation of the area, how and who made the mistake, photographs, or anything supporting your case.
Payment after Winning
It’s not sure that you can receive the payment of compensation after the personal injury claims process in the court. If your opponent is insured, his insurance company will pay the compensation for accident damaged cars but if he is not, you will hardly get the coverage. There is also no need to hire solicitors because you can easily represent yourself in the small claims court.