I have spent A LOT of time in court (I'm not an attorney, nor would I consider playing one on TV).

During my three decades as a probation officer, judges would frequently hear small claims cases while we were waiting for attorneys to show up for their sentencing hearings. I got to/had to listen in on perhaps hundreds of small claims cases. I have successfully applied what I learned from that experience to a few cases I've filed myself either for traffic collisions or small time landlord stuff.

My recommendations/observations:

1. If you have the time, go and observe some cases in the same court where your case will be heard.

2. Your mindset should be that you have a $400+ dent in your Volvo (not that it is hardly visible).

3. No photos at the scene? Draw some diagrams (from overhead perspective) showing the progression of events. Clearly label which vehicle is which (for artistic purposes only, I like to make mine white and the defendant's vehicle black) and that your car wasn't moving at the time of the collision.

4. Document the $400+ repair estimate. You can even likely find some high end shops where it'll cost a lot more! Bringing three estimates to court would be recommended.

5. Make up a binder with a (very short) summary of the event as it transpired, Your demand letters to the other party, the diagrams and the repair estimates.

6. Important!!! Make three copies of your binder. One for you, one for the judge and one for the defendant. You will definitely win points for this. Haven't yet had a judge NOT thank me for making his job easier and speeding up the hearing.

7. Address the court as "your Honor". Refer to the defendant as "Mr./Mrs./Miss _____".

8. Only speak to the judge and only when it's your turn. DO NOT speak to the defendant even when he/she has told the biggest fib in the history of this planet.

9. Practice making the most concise, shortest presentation you can. The average small claims case usually has two parties that blather on at great length. Sometimes what they are talking about is actually relevant to the case.

10. Dress nice. A suit may be overkill, but a shirt and tie would be recommended.

11. Maybe the other guy will blow off the hearing, in which case you win by default!

12. Maybe the other guy will be willing to negotiate a settlement before court. If this happens, you should both attend the hearing and have the court memorialize the agreement (and when the defendant intends to pay).

Good luck, go git'em Matlock!

Regards,

Tatra Mike
Seattle, WA

1985 244 "Alfsen" (wife's car - the good one)
1984 245 "Buster" (the kid's car, now sold)
1985 245 "Cosmo" (parts car, sold off for move to WA)
1985 245 "Daisy" (back seat down, full of tools, the work truck)
1985 245 "Earl (CA vehicle 'retirement' program)