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Got rear ended about 2 years ago and driver is looking to take me to small claims.

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dark_golem

Junior Member
Kind of in a pickle here. About two years ago, I was driving in California, went to take an exit, hit a patch of loose gravel that sent me back into the main highway, just about straightened my car out (was still going around 45 mph), when I got rear ended, with the impact hitting my rear right bumper. The car that hit me moved to the carpool lane, where 15 - 20 minutes later they were rear-ended by a completely oblivious driver. Being rear-ended I shouldn't be at fault. The only problems with me at the time was that my car was unregistered and uninsured (just moved recently, had a problem with bank where I had no money, hence lapse in coverage). However, the state patrol came, viewed the scene, took statements, and let me go with no citations. In fact, I was the first one left to go. Now, almost 2 years later, I get a call from some guy saying I was involved in an accident with one of the cars he owns, and his insurance didn't pay for all the damage and he needs me to cover the rest or he'll take me to small claims. First off, being as I was rear-ended, i shouldn't have to pay anything, otherwise the state patrol would have found me at fault and hit me with major fines/point reductions. The thing is, I live in CO now, and the accident happened in CA, and I have no way of getting to CA. I seem to be in a lose/lose situation. either I pay this guy whatever amount he wants, which I shouldn't, or I spend an equal amount getting to CA to prove my point, yet I have no pictures, no car, and I'm not sure if I have the paper anymore that tells me the Police Report file number. It seems the only option I have is to avoid a summons and if any judgment is passed to get that vacated due to that county not having jurisdiction over my current residence and the fact that I was not served properly.
 


JETX

Senior Member
Thank you for your fascinating story. Did you think you were submitting a plot line for a new television series.... or did you actually have a question??
 

dark_golem

Junior Member
I guess more like advice. Does this person really have a claim against me? Should I just try and ignore the summons, since it would cost me money either way?
 

Zigner

Senior Member, Non-Attorney
If you ignore it, it WON'T go away and you WILL end up with a judgment against you.

Just because you were rear-ended doesn't mean it's the other person's fault 100% of the time. You were admittedly not in control of your vehicle. If your vehicle cut in front of the other party, then the accident WAS your fault.

Fault in an accident is NOT determined by who got the citation(s) (if any). It is determined by the court.
 

ecmst12

Senior Member
Then you will need to hire a lawyer in CA to defend you. While in many cases in small claims court the defendent must be served where they live, in this case it is also appropriate to sue in the county where the accident occurred.
 

Zigner

Senior Member, Non-Attorney
Then you will need to hire a lawyer in CA to defend you. While in many cases in small claims court the defendent must be served where they live, in this case it is also appropriate to sue in the county where the accident occurred.
See, the problem is that Small Claims doesn't allow lawyers in CA. Furthermore, Small Claims doesn't generally allow service to out of state defendants. HOWEVER, in THIS case, it may very well allow it. In any case, the OP is going to LOSE this if s/he ignores it.
 

ecmst12

Senior Member
A lawyer could get the case moved to a higher court so he could defend OP since OP is unable to appear in CA.
 

Zigner

Senior Member, Non-Attorney
A lawyer could get the case moved to a higher court so he could defend OP since OP is unable to appear in CA.
I suppose it's possible...but I doubt it's likely here in California. Furthermore, it's going to cost the OP a LOT more than it would to just pay for the damages s/he caused.
 

racer72

Senior Member
See, the problem is that Small Claims doesn't allow lawyers in CA. Furthermore, Small Claims doesn't generally allow service to out of state defendants. HOWEVER, in THIS case, it may very well allow it. In any case, the OP is going to LOSE this if s/he ignores it.
Ahh, but there is an exemption to that rule when it applies to motor vehicle accidents involving folks that live out of state. From the California small claims website:

Car Accidents With Out-of-State Drivers

File your case like any other.
But make sure to ask for a hearing that is at least 70 days away. Also, under the defendant's name and address write:
Serve: Dept. of Motor Vehicles
Attn: Legal Office
E-128
2415 First Avenue
Sacramento, CA 95818
The clerk will give you copies of the claim.

Send 1 copy to the DMV by registered mail with a $2 check. You can also hire a process server to serve the DMV. DMV stands for Department of Motor Vehicles . Address:
Attn: Legal Office, E-128
DMV
2415 First Avenue
Sacramento, CA 95818
Serve the out-of-state driver with the other copy after you get an "acknowledgment of receipt" form from the DMV. Call the sheriff's department where the driver lives or hire a process server in that state to serve the driver.
Then file the acknowledgment of receipt from the DMV and the Proof of Service-Small Claims (form SC-104) with the small claims court.
 

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