Legal Question in Legal Ethics in California
who must be present in small claims court?
i was in a car accident and the person found out fault has no insurance.my dads insurance covered my boyfriend the driver.
we are now taking them to court and suing for damages and pain and suffering.
the problem is my boyfriend was driving and he recently went back to his home town in another state. does he have to be present in court or just me and my dad since my dads the one with the insurance or all three of us? i have the police report and pictures of the damages to me and the car
2 Answers from Attorneys
If you were injured in the accident, you're cheating yourself by going to small claims court. Retain a personal injury attorney. If you do, 1) your boyfriend won't have to travel to court; 2) you'll get more money; and 3) the attorney you retain will see issues that you've overlooked, such as the possibility that your Dad's Uninsured Motorist insurance might cover the accident and could pay you a substantial sum of money -- but you don't know how to collect on it (it's not small claims court).
Mr. Stone does have some points that take me back to my days clerking for a personal injury attorney.
If you do insist on going to small claims court, however, then the answer to your question is:
1. If you are the plaintiff and are suing for your injuries, you have to appear. No one else can appear for you.
2. If your boyfriend is a witness, and does not show up, you will have problems proving your case.
3. If you boyfriend was injured and has claims, he cannot have you appear on his behalf.
I hope that makes things clear.
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