Dismiss Auto accident complaint

[Not Guilty$]

Jurisdiction

Iowa

A friend of mine brushed against a parked car pulling out from work. He filled a complaint asking them to pay the damages. In the complaint he had the police report and two car damages estimates (asking for the amount of the highest), and screen shots of text conversations that don't say the number or date. He also only put one sentence in the complaint it says "John hit my car outside of Walmart on 1/1/1"

The estimate looked like bs had a lot of problems with the car definitely weren't caused by the accident. Any advice on motion to dismiss because it's not specific enough into a motion of strike when he refiles?

My friend had insurance during the accident but not now. The person my friend hit does have insurance. I also have pictures of the car after the accident with witness foundation.

My friend was subpoenaed properly and will be in small claims court shortly.

 

[Zigner]

Your friend needs to pay for the damage he caused. He can try to submit this to his insurance if he desires.

If your friend has additional questions, please ask him log on with his own account and ask them.

 

[Not Guilty$]

The question is what allows a complaint to be dismissed if it isn't specific enough. And the estimate is way too high for the little bump that happened how do I strike it down.

The friend isn't real it's just me hypothetically speaking

 

[Zigner]

The question is what allows a complaint to be dismissed if it isn't specific enough. And the estimate is way too high for the little bump that happened how do I strike it down.

YOU can't strike anything in your friend's case.

The friend isn't real it's just me hypothetically speaking

Are you lying now, or in your original post?

If YOU are being sued in small claims court, then you're not going to "strike" this matter. You may wish to get your insurance involved (the insurance you had at the time of the accident).

 

[Not Guilty$]

YOU can't strike anything in your friend's case.

Are you lying now, or in your original post?

If YOU are being sued in small claims court, then you're not going to "strike" this matter. You may wish to get your insurance involved (the insurance you had at the time of the accident).

I'm a pre law student, I look at cases in my local court house during my free time and think of ways out. I saw a completed case with an issue similar to my topic post, I was wondering if it could be dismissed on the ground that the auto accident complaint wasn't specific enough.

So you make YOU feel better let's just pretend this is my case. Is there grounds to dismiss my hypothetical case due to it not being specific enough?

 

[Zigner]

I'm a pre law student, I look at cases in my local court house during my free time and think of ways out. I saw a completed case with an issue similar to my topic post, I was wondering if it could be dismissed on the ground that the auto accident complaint wasn't specific enough.

So you make YOU feel better let's just pretend this is my case. Is there grounds to dismiss my hypothetical case due to it but being specific enough?

Oh, wait, now it's NOT your case?

Well, since this is hypothetical...I'm going to say that, hypothetically, your mild scrape hypothetically caused the frame to go out of alignment. This hypothetical condition contributed to a hypothetical accident that hypothetically killed 3 nuns, 5 orphans and 17 ducklings. You're in deep hypothetical doo-doo.

 

[Not Guilty$]

Oh, wait, now it's NOT your case?

Well, since this is hypothetical...I'm going to say that, hypothetically, your mild scrape hypothetically caused the frame to go out of alignment. This hypothetical condition contributed to a hypothetical accident that hypothetically killed 3 nuns, 5 orphans and 17 ducklings. You're in deep hypothetical doo-doo.

Well I'm going to take this as you don't know what a motion to dismiss is. Thanks for trying , hypothetically speaking I'm a not guilty kind of guy and your the sign the 20 year plea deal for stealing a Snickers bar kinda guy.

 

[Zigner]

Well I'm going to take this as you don't know what a motion to dismiss is. Thanks for trying , hypothetically speaking I'm a not guilty kind of guy and your the sign the 20 year plea deal for stealing a Snickers bar kinda guy.

If this IS your case, and if this IS in small claims court, then a motion to dismiss is not going to be successful. Go and argue the case on its merits or turn it over to your insurance company.

If this is NOT your case, then YOU cannot file anything lest you be guilty of the unlawful practice of law, nor can you assist the person with legal filings, etc., lest you be guilty of the same offense.

Either way, you're a liar.

 

[Not Guilty$]

Why would a motion to dismiss the/any complaint based off it not being specific enough be unsuccessful? Could I make a complaint against you right now saying

"He caused me emotional harm by calling me a liar on the internet!" Then request you pay me 5k plus pay my medical bills for the emotional stress?

 

[Zigner]

Why would a motion to dismiss the/any complaint based off it not being specific enough be unsuccessful? Could I make a complaint against you right now saying

"He caused me emotional harm by calling me a liar on the internet!" Then request you pay me 5k plus pay my medical bills for the emotional stress?

If it's within the small claims limit, yes.

 

[army judge]

A friend of mine brushed against a parked car pulling out from work. He filled a complaint asking them to pay the damages. In the complaint he had the police report and two car damages estimates (asking for the amount of the highest), and screen shots of text conversations that don't say the number or date. He also only put one sentence in the complaint it says "John hit my car outside of Walmart on 1/1/1"

The estimate looked like bs had a lot of problems with the car definitely weren't caused by the accident. Any advice on motion to dismiss because it's not specific enough into a motion of strike when he refiles?

My friend had insurance during the accident but not now. The person my friend hit does have insurance. I also have pictures of the car after the accident with witness foundation.

My friend was subpoenaed properly and will be in small claims court shortly.

Another cool, entertaining Internet story, dawg.

I give this one four out of a possible five BOOKMARKERS.

 

[zddoodah]

The friend isn't real it's just me hypothetically speaking

Oh, FFS....

He filled a complaint asking them to pay the damages.

Not sure who "he" and "them" are.

In the complaint he had the police report

The police took a report for a parking lot fender bender? Wow....

Any advice on motion to dismiss because it's not specific enough into a motion of strike when he refiles?

Why wouldn't you just pay for the damage to the other car? Even if there's a dispute over the correct amount, the appropriate thing for you to do is to answer the complaint, not move to dismiss or to strike. You're way overthinking this.

My friend had insurance during the accident but not now.

That you no longer have insurance is irrelevant. You need to tender your defense to the insurer who had a policy in place at the time of the action. That insurer owes you a duty of defense in the lawsuit.

Why would a motion to dismiss the/any complaint based off it not being specific enough be unsuccessful? Could I make a complaint against you right now saying

"He caused me emotional harm by calling me a liar on the internet!" Then request you pay me 5k plus pay my medical bills for the emotional stress?

There's nothing non-specific about that. It simply doesn't allege a claim upon which relief can be granted.

 

[adjusterjack]

I'm a pre law student

Here is a quarter. Take it and call your mother. Tell her there is serious doubt about you ever becoming a lawyer.