Civil court preparation after small claims win

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Klockdoc

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Jurisdiction
Missouri
My auto was involved in an accident. The defendant admitted to damages. Her insurance tried to low ball me and offered an amount that was way under the value of my auto. I went to small claims court and presented material that showed the value of my auto was higher than what the insurance company was offering. I was awarded $5000 plus court costs. The insurance company for the defendant appealed the case. Now it goes to civil court against the insurance company's attorney.

My question here is what am I missing? Do I still have the opportunity to discuss my situation with the judge being in civil court? Do I have to file certain documents in order to admit evidence to the court? Certain rules of evidence that need to be followed? I have a feeling that I am going to be blind sided here.

The money difference from what the offered value of the car versus what I was awarded doesn't justify my hiring an attorney. I think I have enough documentation that back up my reasoning for the increased value. I'm just concerned that I will not be able to present it.

Any help would be appreciated.
 
Her insurance tried to low ball me and offered an amount that was way under the value of my auto.

I'm not sure what "tried to low ball" means and assume you meant that her insurer did low ball you. However, I'm wondering if the offer that "was way under the value of [your] auto" is an indication that the insurer didn't think your car was a total loss. After all, the only way you'd be entitled to "the value of [your] auto" would be if it were a total loss.

My question here is what am I missing?

Not sure I understand this question. Why do you think you are missing something?

Do I still have the opportunity to discuss my situation with the judge being in civil court?

I'm not sure exactly what you mean. If you continue to act as your own attorney, there will likely be scheduling or case management conferences during which you and the defendant's attorney will "discuss" certain aspects of the case with a judge (or, if you hire an attorney, the two attorneys and the judge will do it).

Do I have to file certain documents in order to admit evidence to the court?

How you get a document admitted into evidence depends on the context (e.g., trial, motion for summary judgment, some other pretrial motion, etc.).

Certain rules of evidence that need to be followed?

Yes, as well as rules of civil procedure.

I have a feeling that I am going to be blind sided here.

I doubt you'll be blindsided, but there's a good chance you'll be overwhelmed.

The money difference from what the offered value of the car versus what I was awarded doesn't justify my hiring an attorney.

It will very likely be to your benefit to try and negotiate a settlement.
 
Do I still have the opportunity to discuss my situation with the judge being in civil court?

No, in REAL court, not FAKE small claims NOTHING court, the case is tried.

I suggest you endeavor to educate yourself about your state's civil and trial procedure for civil trials.

Do I have to file certain documents in order to admit evidence to the court?

Yes, educate yourself about civil court trial procedure.

Most court website's will offer tips to "pro se" litigants, that's you, mate.

I have a feeling that I am going to be blind sided here.


Only IF you refuse to educate yourself.

The money difference from what the offered value of the car versus what I was awarded doesn't justify my hiring an attorney.

Lesson learned, huh?

When you fight insurance companies, they'll spend $50,000 to keep you from getting $5,000.
 
Well I'm not afraid to educate myself. That is the purpose of the questions here. To find out how to proceed legally.Thank you very much for the links. I will review them.

The insurance company originally totaled my auto. The amount offered wasn't close to comparable vehicles from various sources. I presented the facts and the judge agreed.

Can I submit the same documentation in this court as I did in SC court or do I have to follow certain procedures in order to file it with the court.

The judge in the SC court received an damaging statement from the defendants estimator that benefited me. Would there be a transcript of the SC court trial that could be introduced into the civil court? Is there certain procedures that have to be followed to introduce this testimony?
 
Well I'm not afraid to educate myself.

Great, then its time for you to get busy.

Can I submit the same documentation in this court as I did in SC court or do I have to follow certain procedures in order to file it with the court.


Once you are served, or if you have been served, go tot he court's website and seek information from the court for "pro se litigants".

Can I submit the same documentation in this court as I did in SC court or do I have to follow certain procedures in order to file it with the court.

Small claims courts are NOT "courts of record".

I'll allow you to research that term.

Would there be a transcript of the SC court trial that could be introduced into the civil court?

You can contact the "small claims court" and see if the court has the ability to provide you with a record of trail, or transcript.



Is there certain procedures that have to be followed to introduce this testimony?

Yes, which is why I suggested you familiarize yourself with "civil procedure" and "trial procedure" for the courts in your state.

============================

NOTE: Your opposing counsel is probably paid a retainer, and what I call a bounty, for successfully overturning your small claims court judgment.

Steel yourself for a difficult and contentious trial.

Be prepared to see new evidence from the insurance company contradicting your evidence regarding the value of your vehicle.

If I were you, I'd make sure I have my ducks in a row.
 
Can I submit the same documentation in this court as I did in SC court or do I have to follow certain procedures in order to file it with the court.

Since we don't know what documentation you submitted, we cannot comment intelligently about its potential admissibility. That said, you should be aware that rules of evidence are generally quite relaxed in small claims court.

Would there be a transcript of the SC court trial that could be introduced into the civil court?

Small claims court matters are rarely recorded, but you certainly can inquire of the court clerk.

Is there certain procedures that have to be followed to introduce this testimony?

Yes. What you probably need to do is call the same person as a witness. If he/she doesn't testify in the same manner, you should be able to use the prior testimony to cross-examine and impeach him/her.
 
Since we don't know what documentation you submitted, we cannot comment intelligently about its potential admissibility. That said, you should be aware that rules of evidence are generally quite relaxed in small claims court.

The documentation I provided was receipts of improvements to the vehicle
New rebuilt Motor showing only 34000 miles versus actual miles of original damaged motor
New fuel pump
New windshield replace 2 weeks before accident
Replacement transmission
and several other receipts indicating that I kept up mechanically with the auto placing it in a higher range pricewise of used cars.

Will I need affidavits from the mechanics in order to introduce these as evidence into court?

If so, How are these presented to the court? Do I have to send a copy of these to the attorney before the court date? How many days before?

I am using the estimate provided by the insurance company. Since they originally offered a rental car in order to have my car repaired, can I still request this in the argument?

The original estimate provided by the "defendants" insurance company indicated $4820.20 for repairs. Hidden damage was an additional $695. I knew that I couldn't request this entire amount in SC court, that is why the judgement was for $5000 because I couldn't go over that. I can introduce them now though, can't I?


Small claims court matters are rarely recorded, but you certainly can inquire of the court clerk.



Yes. What you probably need to do is call the same person as a witness. If he/she doesn't testify in the same manner, you should be able to use the prior testimony to cross-examine and impeach him/her.

I will check with the court. I may have to go this route.
 
The documentation I provided was receipts of improvements to the vehicle
New rebuilt Motor showing only 34000 miles versus actual miles of original damaged motor
New fuel pump
New windshield replace 2 weeks before accident
Replacement transmission
and several other receipts indicating that I kept up mechanically with the auto placing it in a higher range pricewise of used cars.
Those weren't "improvements" - those were repairs. Cars are expected to have properly functioning engines, fuel pumps, transmissions and windshields.
 
You're questions are going beyond what we can do on a message board. We can't walk you through the process of how to get evidence admitted. That's something that law students study for a semester but don't really learn until they've been in practice for at least several months.

What I can tell you is that, in the context of a civil trial, you need live testimony, not affidavits, to authenticate documents. In other contexts (e.g., pretrial motions), affidavits may be sufficient.
 
Those weren't "improvements" - those were repairs. Cars are expected to have properly functioning engines, fuel pumps, transmissions and windshields.
Mmmm.So your saying that automobiles with less mileage on them are not worth
Those weren't "improvements" - those were repairs. Cars are expected to have properly functioning engines, fuel pumps, transmissions and windshields.

Mmmm. So you're saying that an auto with less mileage and wear and tear on components isn't worth anymore than an automobile of higher mileage?

OK
 
You're questions are going beyond what we can do on a message board. We can't walk you through the process of how to get evidence admitted. That's something that law students study for a semester but don't really learn until they've been in practice for at least several months.

What I can tell you is that, in the context of a civil trial, you need live testimony, not affidavits, to authenticate documents. In other contexts (e.g., pretrial motions), affidavits may be sufficient.

Well thanks for responding. This a trial de novo if that changes things
 
Mmmm.So your saying that automobiles with less mileage on them are not worth


Mmmm. So you're saying that an auto with less mileage and wear and tear on components isn't worth anymore than an automobile of higher mileage?

OK
The car has the same mileage on it, so that's irrelevant.

An auto with a used transmission and used motor, both of unknown provenance...yeah, those don't increase the value.
 
The car has the same mileage on it, so that's irrelevant.

An auto with a used transmission and used motor, both of unknown provenance...yeah, those don't increase the value.

As stated above, It was a NEW rebuilt engine. The auto only had 34000 miles on it since it was replaced.

The transmission and transfer case had documented mileage from the source.
 
As stated above, It was a NEW rebuilt engine. The auto only had 34000 miles on it since it was replaced.

The transmission and transfer case had documented mileage from the source.
If it was "rebuilt", then it wasn't "new"...and it's got 34,000 miles on it since it was rebuilt. I'm sorry you disagree, but the fact is that those things don't increase the value of the car.
 
The transmission and transfer case had documented mileage from the source.
I missed this...

Documented mileage doesn't speak to the kind of conditions under which those miles were accumulated.
 
You now own a non-numbers match car. It will be of considerably less value than the same car with the engine and transmission that came in the car.

I agree, but to the OP's credit, he managed to convince a small claims judge otherwise.

His win, however, has been appealed by the insurer.

Going forward, I'm guessing OP won't like what happens next.

He who is not contented with what he has, would not be contented with what he would like to have. ~ Socrates
 
If it was "rebuilt", then it wasn't "new"...and it's got 34,000 miles on it since it was rebuilt. I'm sorry you disagree, but the fact is that those things don't increase the value of the car.

Seems the Judge in the first trial didn't share your opinion.
 
Seems the Judge in the first trial didn't share your opinion.
You're right - judges make mistakes just like anyone else. Of course, it doesn't matter since the matter has been appealed. You're much more likely to get a judge who gets it right this time.
 
This a trial de novo if that changes things

Doesn't change anything I previously wrote. A trial de novo is simply a do-over -- i.e., it's a brand new trial, with the results of the prior proceedings being meaningless, but now subject to the rules of the regular civil court.
 
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