I live in Canada, and we have a small claims court settling cases under 5000 bucks.
Recently, I was hit by a car making a right turn too fast on a red light. He admitted he was in the wrong. He was charged with reckless driving, and will be fighting it in court. My bike got smashed in the incident, and I didn't sustain any major injuries. He also replaced the bike in the accident.
How far can I get if I bring him to small claims court or sue him?
Answer by Esther
You can get all the way to the judge's bench, but if you try to sit in her chair, you will be removed from the courtroom.
Answer by Kathi S
If he already paid to replace the bike and you didn't have injuries what are you going to sue for, you have no damages?
Answer by Snarka Zulu
You have to have something to sue for. If your bike was already replaced and you had no injuries, what exactly do you think you should get money for? Do you think you win the lottery just because you were in an accident? No, that's not how this works.
Answer by WRG
He already replaced the bike. So the only other thing you could sue for is other actual damages such as medical costs and lost wages.
Most jurisdictions don't allow "pain & suffering" or punitive damages in small claims court.
Answer by deekayowe
In the U.S. small claims goes up to $ 5,000. But even if you get the settlement in court, you still are the one who has to collect it. Good luck with that. But look into something that has to do with restitution. I can't remember what it would be called, but my son and his friend were attacked at a party, and went to court, they ended up being paid back some medical bills through a restitution program at the court.
Answer by Jackie Fiol
i'm confused what you would be sueing the guy for...you did not get any injuries and he replaced your bike....you can't sue him if you have no injuries and he replaced ur bike
u can sue him if you (either one of these or both)
- got injuries that are major like a hospital or maybe even broke ur leg
- he never bothered to replace ur bike
What do you think? Answer below!
Orignal From: How far can I get in small claims court if a guy hit me with a car?
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