First small claims case

[bbustums]

What is the name of your state (only U.S. law)? Texas

I was sitting at a red light waiting to make a right turn on a roadway where there are three driving lanes going in each direction PLUS what is referred to as an "improved shoulder" or paved shoulder which doesn't lack too much from being as wide as an actual lane. There was a car in the lane to the left of me. When the light turned red, he turned his car into me and pinned me against the curb causing damages.


His insurance company didn't even come out to investigate, instead just claimed to be investigating. Soon came a court case for the other party concerning whether or not the ticket they received for making an illegal right turn was justified. They won the case against the ticket ONLY because technically it is not illegal to make a right turn where he was, but that case had NOTHING to do with damages. Soon after that, his insurance company denied my claim for damages claiming that "it seems our client is not the majority at fault so we can't pay"... I am pretty sure they thought I would take the dismissed ticket combined with their denial letter and just throw my hands in the air and say "oh well", but I am pretty sure I have a good case since I did not initiate any contact and the damages/pictures tell the story, not to mention I can possibly get some witness statements.

I am about to prepare my case and have some questions about witnesses. Can I bring a notarized witness statement/affidavit to small claims and at least expect that the judge will take a look at it, or do small claims courts in Texas(Smith County for me) totally disregard and deny even seeing anything other than actual live witnesses? What if you video tape a witness with their license to prove it's them and present that? Also, what about having the officer at the scene testify... are they always required to testify if requested by a litigant in a small claims case?

Since it's small claims court, will the defendant be required to defend himself or is it likely/unlikely that his insurance company will send a representative to defend him?

My car only has a retail value of about $3800 Is there a certain estimate amount that I should make sure NOT to have the damages valued more than to avoid the insurance company totaling the car and taking it? Or since I'm suing the client and not the company directly, does it matter what the estimate says as long as it's reasonable?

I know it was a little long winded, but I'd really appreciate answers to all these scenarios, thanks.

 

[bbustums]

Please anyone with some knowledge on the question or at least some of the questions I asked, thanks.

 

[JudgmentBuy]

Small Claim notarized evidence

I am not a lawyer, this is my opinion:

Notarized evidence - people declaring things with their signatures notarized will likely be glanced at by the small claims judge. But they won't be as persuasive at live witnesses who raise their hands on an oath in person.

 

[Zigner]

Just to be clear...you were OFF the road (on the shoulder) when this accident occurred?

Something to keep in mind: One cannot cross-examine a notarized statement. One cannot cross-examine a video. That is why that sort of "evidence" is not allowed in court.

Additionally, in your state, attorneys are allowed in small claims court.

 

[BobFlannagan]

What the police wrote up will have little value. You won't be able to get the cop there ... you can produce the police report if its favorable, it won't hurt.

Witnesses must be in court.

Courts don't like to look at video .. so make it pictures...if you have anything visual to present.

It is likely the owner will represent himself.

You'll have to explain to the court why your sitting off-road trying to make a rt. hand turn.

Clearly you were moving. Judge will decide ..

 

[Zigner]

What the police wrote up will have little value. You won't be able to get the cop there ... you can produce the police report if its favorable, it won't hurt.

Witnesses must be in court.

Courts don't like to look at video .. so make it pictures...if you have anything visual to present.

It is likely the owner will represent himself.

You'll have to explain to the court why your sitting off-road trying to make a rt. hand turn.

Clearly you were moving. Judge will decide ..

I disagree. I suspect the owner will turn it over to his/her insurance company for them to defend (as they are paid to do).

 

[bbustums]

Just to be clear...you were OFF the road (on the shoulder) when this accident occurred?

Something to keep in mind: One cannot cross-examine a notarized statement. One cannot cross-examine a video. That is why that sort of "evidence" is not allowed in court.

Additionally, in your state, attorneys are allowed in small claims court.

I was in the improved shoulder which every car gets into in order to make a safe right turn(turn as close to the curb as possible) on this roadway. It is actually unsafe to turn, at least without checking first, from the lane the person who hit me was in.

So Texas allows lawyers in small claims court? This is not a major insurance company(Beacon Insurance) so are they likely to represent the defendant for a case under $2000 where there was no bodily injury?

The reason I wanted to use video in addition to pictures is because I can show live action of vehicles all day doing exactly what I did because it is truly the only way to turn safely. The only sticking point in my mind is that I pulled up into the shoulder to make a right on red like I and everyone else in town has done forever with no incident, but it wasn't technically the "right hand lane".

Let me put things this way... if the defendant was approaching this intersection on a red light stop with intentions of making a right turn and was the first person in line, then in order to make a safe right turn he should have naturally slid over into the shoulder to await his chance at a safe right turn as the law states. AND if he had to sit there in the shoulder to await a right on red and another car pulled up to the left of him, that other car would not have had the right to turn into him if that driver decided to make a right turn. The lane the defendant was in is always used to go straight despite being the far right lane of the three lanes.

Bottom line to me is that the defendant was the one who initiated ALL the contact and even stated to the policeman, and my adjuster that he did not see me, despite me sitting at the light for at least 12 seconds right next to him. The damages clearly tell the tale of him pushing into and sliding across the left side of my car. Isn't the person who hit due to not observing their surroundings always the majority at fault? Is there any possibility of me being partially responsible even though I can show I did not initiate any of the contact? What could the lawyer(if they show up) throw at me to cause a problem?