What to do if I was in a car accident that resulted in the total loss of the other person’s vehicle?

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What to do if I was in a car accident that resulted in the total loss of the other person’s vehicle?

I am now being taken to small claims court and sued for $5000. The police cited me with failure to yield and having no insurance. The ticket was dismissed by the judge for being ‘invalid’ (the court date was not scheduled by the officer correctly – less than 30 days). Does this have any effect on my case in small claims court? Is the plaintiff still able to sue me?

Asked on February 1, 2013 under Accident Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the traffic ciation was dismissed as to you concerning the accident then its mention is not relevant in small claims court. The other driver is still able to proceed against you in small claims court. If you have an insurance policy covering your auto with respect to the mishap that you were in, contact your claims representative about the accident and the small claims matter that you are in and ask for a defense.


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