car accident | Asking for hotel and food expenses due to wreck

by Melodie
(San Diego)

My husband had a little accident almost two years ago. He was traveling a safe speed on a very well traveled , very busy two lane road with yellow paint divider.

A parked car pull out in front of him and instead of crossing over a yellow line into a beer truck he hit the car.

Now the driver of the parked car wants to sue us in small claims for the 2.000.00 damage to his car and for 5000.00 expense because he has to come out from VA.

He is suing for hotel, food, rental car, hotel, incidentals and inconvenience, lost wages. Can he sue for a free vacation back to San Diego where the accident took place?

THANKS


Answer:

Hello,

Well, I am not sure if you husband will be at fault or not for this accident. Did you husband hit the parked car? In any event, your question is that he has to come all the way to your location to sue you, the answer is no, you do not owe for that.

He choose the venue (small claims), he could have hired a local attorney to sue you for way less than all of what he is claiming.

In many occasions, courts award attorney fees but not the cost that he is arguing (usually they give filling fees and the cost of service of process, and that is it). He is the one that choose the venue to come to where the accident happened, and so it is his cost. Most courts will not award that.

All of this is assuming that you husband caused the accident and was at fault. If he was not at fault, he would not owe for damages or cost.

Good Luck,

http://www.auto-insurance-claim-advice.com