If I go to small claims court and lose the case, do I have to pay for the other person’s lawyer if his insurance company provides one?

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If I go to small claims court and lose the case, do I have to pay for the other person’s lawyer if his insurance company provides one?

I had an auto accident and I had liability insurance only. The other driver was charged with DUI, but his insurance company did not agree to pay me, because police officer also charged me with improper left turn at green. I went to the court and the Judge found me ‘not guilty’ on the police citation. The other driver’s insurance company still does not want to pay me, because they said the other driver still had the right of way. I wanted to go to small claims court against the other driver but his insurance company pay provide a lawyer. Do I have to pay his lawyer’s cost if I lose the case?

Asked on February 7, 2017 under Accident Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In small claims court there aren't any attorneys.  Therefore, if you sue in small claims court and lose, there won't be any attorney's fees from the opposing party.
In the higher courts, if you lose a lawsuit, the loser pays the winner's attorney fees.


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