FB is right. Including his correction of my error. I've been doing business on the left coast for such a long time, without forays back east, that I totally forgot about arcane setups like NY's
[I love New York, truly, but seriously, man, they're at least 70 years behind in Albany. . .
] In most places, including California, you won't have to worry about anyone bringing lawyers. But check your local law and process. Usually, the folks at small claims court are helpful, have brochures, etc.
OP, you should be compensated for your loss and I think it's likely that you will be. If that doesn't happen, I'd definitely sign a Change.org petition for you.
P.S. Why don't we have a local cycling lawyer or at least cycling-law knowledgeable peer counselor in every community?
Originally Posted by
FBinNY
This probably varies among the states. In New York, they're contractually obligated to represent the driver in any suit, and as a corporation cannot respond except with a lawyer. In NY some judges will waive the lawyer requirement for small family owned corporations, if an owner appears and asks because the cost of a lawyer is too high in comparison to the claim.
Either way, the odds of a trial are very small. This will in all likelihood be settled before the trial or answer date. Insurance company lawyers charge upward of $300.00 per hour, so do the math and realize that they have little option but to settle promptly. The purpose of the suit is to start a clock, and nudge them to action.