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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32306
Experience:  Began practicing law in 1992
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I have a small claim that I have filed court N.Y (sullivan

Customer Question

I have a small claim that I have filed for Thompson court N.Y (sullivan county). This is about damage to my car. A truck driver hit and ran but I did get a police report. He claims that he did not hear me beeping. How can I find a lawyer to represent me?
If not, would you be able to review my case with me and assist?
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

None of the experts on here are allowed to represent people who come to the website.

Have you talked to attorneys about representing you? If so, did they give you a reason for not wanting to take your case?

Customer: replied 10 months ago.
I have not spoken to any lawyers who have not wanted to take my case; I am having trouble finding a small claims lawyer that will represent me in Thompson court (Ny, sullivan county)More detailed information about the claim itself:
Originally, I had difficulty obtaining a police report because they were waiting for evidence from the surveillance camera at the grocery store camera. For a reason that was not explained, they could not get hold of it and I was given a report.
The truck and my small car were stopped at a red light and the truck made a right turn onto my car (I was to the left of him). I beeped and beeped and he drove away. The police caught up and he claims he heard nothing and didn't realize. Furthermore, the highway was a one lane and I pulled up next to him and he did not notice.
In the police report, the picture depicts my car next to the back half of the truck.
My claim is that he should pay some of my damages based on-
If he cannot hear regular driving sounds while in his truck, that is unsafe.
Even if he could not hear me, he should have felt the hit
I disagree with the depiction and believe that my car was next to the front half of the truck and my proof is my damages: the damages were my rear tire was scratched open, a scratch and denting along the entire side, and a blasted side mirror.Had my car been at the back half of the truck, his turn would have only nipped the front of my vehicle.
This hit took a long time and he should have noticed something
People came out of their houses and out of the closed grocery store to ask if everything was all right so I do not believe he did not hear the sounds. Thus his driving away is an indication of his guilt.Would these explanations stand in court? What do you think?
Expert:  Dwayne B. replied 10 months ago.

Let's cover things one at a time. There are a couple of things wrong about your perception of the way the court system works, but that's easy to explain.

First, what type of damages or injuries do you have from the wreck?

Customer: replied 10 months ago.
There are no physical damages to my person.
The damage is to the car:
Slashed tire (new tire 300$)
Broken mirror (replacement piece 315$)
Front hood mashed and side doors denting and scratching body work.
Total damages: $2,689
Expert:  Dwayne B. replied 10 months ago.

Most attorneys aren't going to be willing to take on a case like that because their fees will be as much as your damages and you can't make a claim in a lawsuit like this for your attorney's fees. You can hire someone for a % of the recovery but then the issue is you won't recover enough to make the repairs.

So what that means is you have to learn to represent yourself. In a case like this that isn't too hard to do.

There is a good e-book you may want to consider at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/guerrilla-guide-to-settling-your-car-wreck-case/

That series of books are both inexpensive and very helpful. If you decide you want to represent yourself you probably want to pick up the book I mentioned above, and then also the ones on small claims court, legal research and on trial objections.

As to what you are misunderstanding, the first thing is that you can't really sue him for the "running" part of "hit and run". The reason is that when he "ran" it didn't cause you any damages. It is possible you can argue that leaving the scene was equivalent to an admission of guilt, but that's a question of fact for the judge to decide.

These cases can be proven by your testimony, pictures of the damages, and you would likely need to call whoever gave you the estimate for repairs as a witness.

The book I mentioned above explains how to put your own case together first for settlement purposes and second for a lawsuit.

Expert:  Dwayne B. replied 10 months ago.

Please ask any follow up questions in this thread.

Customer: replied 10 months ago.
This is not a satisfactory reply- how does my money become refunded?
Expert:  Dwayne B. replied 10 months ago.

I contacted the moderators and put in your request.

Customer: replied 10 months ago.
Thank you.

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