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HELP..!need advise regarding small claims court case dismissed to go to civil court instead? |
.. a motion was filed by the defendants attorney (yes he'd rather pay a attorney than settle in a "mediation" type situation which is what it was set up for.) in the small claims environment.i was suing for 3000 the max but was planning to settle for 1200-1500. my motorcyle was involved ina accident which the defendant soley was at fault the damage to my bike was estimated (got estiamte) at 2850.00$$..I WASNT RIDING THE BIKE ..MY 19 YR OLD SON WAS oops caps! anyway the defendant was passing in a double no passing lane and headed head on toward my son who was going the speed limit 45mph/as was he this happened in asplit second he was in my sons lane coming at him head on my son had no choice but to drop the bike and slide on the pavement to avoid him..thank god he slid the other way..tore his arm up pretty good .bumps and bruises only thank got.nasty laceration that healed./my work insurance covered most injuries/pain medicine and er visit/so afte rthe dust has settled i have a wrecked ..bike and in need of repairs my question is why would he move to have it dismissed to civil court from small claims court..are there any michigan statutes that i should be aware of (ill most likely represent myself) regarding motorcyle coverage .i had no fault .asked his insurance to cover the mini tort they refused then filed the small claims case.i feel since my property was damaged by his actions even though there was no physical contact between the 2 vehicles(also his insurance doesnt consider a motorcycle a vehicle/if there was no physical contact/between the 2).anyway im not suing his insurance im suiing the individual for his negligent behavior/he is the only one who recieved aticket/also is their anything i should eb aware of in the civil case so i wont be blindsided by a attorney with some arcane or present day "loophole"..or argument as to why i dont deserve to sue their client for physica(the bike)l and emotional damages and a few unpaid pahrmacy co pays .it seemed like it Small claims court provides a relatively inexpensive way to conduct a trial, but by so doing, some of the rights, particularly a jury trial, must be waived. These rights cannot be waived for the defendant simply because you filed in small claims. It is the defendant's right, without any real ability to contest the issue, to demand removal to civil court and by MI court rules, the court has to order the case to be removed. As for why the defendant wants the case removed, there's no way for me to know. I would seriously suggest that you contact a lawyer. |
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