Small claims Court, Do I have to have my car repaired first?

What is the name of your state? Illinois

My car was damaged in an intersection collision caused by the other driver’s improper left turn (I had green light). But since we do not have witness, the other driver’s insurance refuse to pay. I want to take this to small claim court, my question is, do I have to repair my car first? Can I use an estimate from a repair shop? The reason I don’t want to repair the car now is, if I can’t get money, I will not repair my car.

jl012960 said:

What is the name of your state? Illinois

My car was damaged in an intersection collision caused by the other driver’s improper left turn (I had green light). But since we do not have witness, the other driver’s insurance refuse to pay. I want to take this to small claim court, my question is, do I have to repair my car first? Can I use an estimate from a repair shop? The reason I don’t want to repair the car now is, if I can’t get money, I will not repair my car.

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You can go to court with an estimate. I think you should take at least two estimates so it doesn't look like you're trying to gouge the person.

InsuranceLadyAZ said:

You can go to court with an estimate. I think you should take at least two estimates so it doesn't look like you're trying to gouge the person.

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But in an online help sit for small claim courts, it says:

"If you claim the other party carelessly damaged your car, you may prove your loss by a paid repair bill or by bringing as a witness a qualified car repairman who has inspected the car. Estimates of repair costs are not sufficient for this purpose, unless the persons who prepared them are in court and are qualified (experienced, trained) repairmen."

This means that if I haven't paid for the damage yet, I can't ask money for it unless I have a repairman as a witness, right?

You don't need the repairman as a witness. Just ensure the estimates are on official shop paperwork. It's really at the discretion of the judge on what he accepts, and as long as your paperwork is in order, you should be fine.

teflon_jones said:

You don't need the repairman as a witness. Just ensure the estimates are on official shop paperwork. It's really at the discretion of the judge on what he accepts, and as long as your paperwork is in order, you should be fine.

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In a similar situation, I took three estimates, and the judge ordered the middle of the three. However, I have heard of cases in which the judge order the lowest of the estimates as well. I guess that depends on the judge (?)