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Will a small claims suit hurt the civil suit

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gppapasmurf

Junior Member
What is the name of your state (only U.S. law)? Ohio, Montgomery county.

I was the 2nd car in a left turn lane (out of 3) and proceeded to make my left turn on the red light/green arrow. From a distance, going 45, the oncoming car slammed into me even though she admitted (in traffic court) to seeing both the car before me and mine in motion. Because I couldn't tell the officer on scene that there was a car behind me, he cited me for failure to yield (he specifically said that was why). The ticket was dismissed because the officer did not show up. Because of the circumstances, my insurance denied their claim. They are intending to file civil suit. My insurance says that it will go to arbitration first, but they will still deny payment based on my research of the intersection and her testimony in court. However, I only have liability insurance. My car was totalled ($1500) and we had minor injuries. My question: if I file a small claims suit to try to recoup my property damage, how will the outcome of that affect the arbitration and/or civil suit against me? Will it even be admissible? I'm guessing their lawyer would defend them in my small claims suit, so how can I prepare my case against them (the lawyers)? I can't afford a lawyer and my damages aren't worth a lawyer's time. thank you.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
Your chances of winning in small claims court without a witness confirming that the other driver ran a red light are miniscule. You should let it go.
 

gppapasmurf

Junior Member
I understand what you're saying and that was also a concern of mine. For a lot of people, this is a nit-noy thing, but I can't afford another car. I'm leaning toward just forgetting it, but would still like an answer to the question: would it affect the arbitration or civil suit? Would the outcome be admissible? Thank you again for your time.
 

FlyingRon

Senior Member
Admissiable for what? Small claims is an alternative to a civil suit, not something you can run in parallel. If you're going to sue in regular civil court, don't do small claims. If you're in arbitrartion there's probably some agreement that says you must do this rather (or at least before) than civil court action.

In Ohio (and this is different from many other state), an appeal from small claims is just treated like a regular appeal. You appeal the rule of law (it's not a hearing de novo of the case in regular civil court).
 

gppapasmurf

Junior Member
My problem is this: I only have liability, so my insurance can't go after them for my losses. I have 2 options--civil or small claims. I can't afford a lawyer and it's too small an amount for one to bother with so my only option is small claims. The other person has collision and retained a lawyer who is going the civil route. In that proceeding, my insurance will represent me, but they cannot do so for my property loss.

Right now, I'm doing all the defending, arbitration and civil. When either of those will happen, I don't know, but my insurance said that there's a 1 year clock on property damage. In order for me to even try to get reimbursed for my totaled vehicle, I have to file by then. Insurance also said that the clock doesn't stop while the arbitration is going on. So, for both vehicles, we have the same deadline.

I'm just wondering if the resulting decision in my small claims suit would be mentioned or submitted in the civil suit. Say I lose, will that bolster their civil suit? As was mentioned before, a big part of me says forget it, but then again, I need a car and don't have that kind of money laying around.

Thank you for your input. I really do appreciate it.
 

latigo

Senior Member
Don’t even think of doing something so foolish! Because if you file independently, you will gum up the works and lose your liability coverage.

A condition of your liability company’s exposure is that you fully cooperate in defending any claims brought against you that fall within the protection afforded by the insurance contract.

Were you to file against the other driver it would force that individual to counterclaim on the same issues that are under arbitration.

Talk to you carrier about adding your property loss claim to the arbitration process. But do not run off on your own and risk losing that protection!
 

gppapasmurf

Junior Member
According to the insurance company, they cannot add my property loss to the arbitration process because they only provide me with liability coverage. I am cooperating with the defense of their claims against me. What I'm being told is that, as far as recouping my car loss, I'm on my own.

If I don't win in the arbitration, they will file a civil suit, which my insurance will defend. My insurance will not be able to file a counter claim because I don't have collision coverage. If I did, then they could, but I don't. All the insurance company can do for me is defend me against them until it's all over. In the meantime, it seems I have no avenue of my own.

I would guess the arbitration can go beyond the one year mark, which means that, once again, I'm out of luck. If I lose the arbitration and they file suit, I can't counter because I've passed the time limit. If I win the civil suit, all that will mean is that we don't have to pay them (nor should we). I'm still without a car.

Never in my dreams did I think I'd be screwed like this when it's not even my fault. Thank you all for your advice.
 

ecmst12

Senior Member
If they file suit, you can absolutely counter, but they're not going to file suit. The arbitration is binding.

Honestly, you can't win even if you DID go to small claims court, because you have no evidence, only your word vs his. So don't spend too much time dwelling on it and move on.
 

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