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Small Claims Court?
To make a long story short, my neighbor did not have her dog on a leash and it attacked my dog, my dog retaliated by going back at the dog and in the process I was pulled to the ground (still and never letting go of my dog's leash) and had to be taken to the hospital and I incurred a $10,000.00 doctor bill. At first my insurance company said my bill was paid and I filed a small claims case in court for my pain and suffering at the highest amount of $6,000.00. The date is set for 3 weeks from 05/17/14.
I got a letter from my insurance company today saying they are not paying because the other party is responsible because she is the cause of the accident. My question is if I go to the small claims court date BEFORE anything is settled with the insurance, will the case be over and I will owe $4,000.00 out of my own pocket towards my bill.
Also this person has a very low paying job, if she is deemed responsible, will I still have to pay the bill if she says she can't pay because she has a low paying job. She is 40 years old and as far as I know unmarried.
I am only seeking different opinions right now so I will have some knowledge of what to do in the way of suggestions to form my own decision of what to do.
2 Answers
- ?Lv 77 years ago
A lot depends on whether your neighbor has insurance or not. You should probably talk to a lawyer because Small Claims may not be your best option.
- sophiebLv 77 years ago
ok so your letter is one of the proofs you need to take to court with you. If the amount is (here) over $5,000 you get yourself a civil court attorney and take all your pictures, x-rays, etc. for both you and your pet, hospital records and such and he will prosecute the other person for you. Well someone has to pay for your bills so it's either you or her. Since she can't pay then you figure out a repayment plan. The judge may be able to put a lien on her car (is she has one) and anything of value she gets in the future. The only thing is to talk with the people you owe money to and tell them about your income and what you can pay and ask them if they can lower it, and help you make a repayment plan. Then you go out and get two or three jobs to pay for it.