I'm being taken to small claims court for damages in a hit-and-run. I exchanged insurance information. There was no police report filed. My insurance expired the week before the accident. Can the judge reach a decision by just "he said, she said" things or how would the judge make a ruling? Will they win the case? Any pointers?
The best pointer I can give you is to have an attorney do this for you. The reason I say this is because you have contradicted yourself several times here. If you go to court and state such inconsistencies under oath, the court is likely to disregard much of what you say.
For example, you indicated it was a "hit-and-run." Then you went on to say you "exchanged insurance information." You also indicated that the insurance expired eight days before the accident. If your insurance had expired, there was no coverage and there was no insurance to exchange.
I know by now you are furious with this answer and you have an explanation. However, I have spent enough time in court and watched people who didn't prepare well before they went in and, well, it is like watching a train wreck. Please accept my apologies. Trust me, I'm trying to help.
One final point, "he said, she said" is not a "just." Courts decide cases based on sworn witness testimony and evidence that is admitted based on that testimony. The party whose witnesses are most credible and consistent is most likely to have a good day in court. So, yes, a court can reach a determination based only on testimony if that is the only evidence that is offered by the parties.
Before going to court, think it through. Prepare, prepare and prepare some more, and take three copies of everything. This sounds like a case you should think seriously about settling. Ask the court clerk about mediation.
Can I choose what cemetery I will be buried in? I also want to designate what my monument will look like. Do I put this in my will? How do I do this?
Yes, of course, you can select your final resting place and design the monument. You should actually take care of these details now by contacting a funeral home which can help you with these details.
A will is for the handling of your financial affairs after you pass. I usually recommend against putting extraneous matters in the will. In fact, you can make arrangements with a cemetery now, and there are monument companies with whom you can sit down and work out your design. Most important, be sure a family member or someone with whom you are close knows about your wishes and is ready, willing and able to carry them out when required.
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Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.
