# Being Summoned to Small Claims Court for Accident, Not At Fault... **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 30, 2017, 2:39am UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693 "2017-05-30T02:39:06Z")\ **Posts on this page:** 12\ **Page:** 3
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [June 5, 2017, 5:37pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/41 "2017-06-05T17:37:00Z")
> **[Are Car Accident Police Reports Admissible in Court? - FindLaw](https://www.findlaw.com/legalblogs/personal-injury/are-car-accident-police-reports-admissible-in-court/)** > > In personal injury cases, car accident police reports can be useful tools to determine the circumstances of the accident and get a preliminary assessment of fault. Car accident police reports are often used by insurance companies, as well as by... \* Small Claims Court If the hearsay rules and exceptions are racking your brain (don’t worry, they rack lawyers’ brains, too) and you’re planning on taking your car accident case to small claims court, then you’re in luck. A police report is usually admissible in small claims court. Generally speaking, there are no funky hearsay rules or exceptions here because, as demonstrated by California and Colorado’s small claims rules, the Federal Rules of Evidence typically don’t apply (or aren’t strictly followed) in small claims courts. - ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [June 5, 2017, 5:39pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/42 "2017-06-05T17:39:22Z")
> [@Monocracy](#): > > Y’all are giving bad information about police reports not being evidence because of hearsay. > > I’ve watched Judge Judy, and she will instantly and firmly shut down any litigant attempting to give hearsay testimony. Yet, she regards police reports as very strong evidence. > > And just doing a quick Google search, “are police reports hearsay”, the top few results say that police reports are exempt from the hearsay rule because they are considered business records. > > So, yes, the police report should help you a lot. Judge Judy is not a real judge (though she once was). The proceedings on _Judge Judy_, _People’s Court_, _et al_., are arbitrations, not judicial proceedings. The rules of evidence may be applied liberally or not at all, at the arbitrator’s discretion. Judge Judy most likely rejects oral hearsay testimony because she doesn’t find it reliable, not because the rules of evidence distinguish it from written hearsay. > [@DrDeth](#): > > In Small Claims Court? :dubious: > > The Judge makes his own decisions on that. The judge doesn’t get to decide whether the rules of evidence apply. I’ve mentioned twice in this thread that the rules of evidence may not apply to the same extent in small claims proceedings. However, that is a function of California law and the applicable rules of procedure, not what the judge wants. > [@](#): > > [http://blogs.findlaw.com/injured/201](http://blogs.findlaw.com/injured/201)…-in-court.html > \* > Small Claims Court If the hearsay rules and exceptions are racking your brain (don’t worry, they rack lawyers’ brains, too) and you’re planning on taking your car accident case to small claims court, then you’re in luck. A police report is usually admissible in small claims court. Generally speaking, there are no funky hearsay rules or exceptions here because, as demonstrated by California and Colorado’s small claims rules, the Federal Rules of Evidence typically don’t apply (or aren’t strictly followed) in small claims courts. - The Federal Rules of Evidence don’t apply in _any_ state court proceedings. Funny, that. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [June 5, 2017, 5:43pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/43 "2017-06-05T17:43:39Z")
> [@Really\_Not\_All\_That\_Bright](#): > > The judge doesn’t get to decide whether the rules of evidence apply. I’ve mentioned twice in this thread that the rules of evidence may not apply to the same extent in small claims proceedings. However, that is a function of California law and the applicable rules of procedure, not what the judge wants. You are correct, in general as far as Superior Court, but not for Small Clams, where indeed, a Police report is admissible, despite your claim in post #26. And since the OP \*is \*going to Small Claims In CA, the rules of evidence in other courts in other states are not meaningful. ---
**Author:** ![magnusblitz](https://avatars.discourse-cdn.com/v4/letter/m/b4bc9f/32.png) [@magnusblitz](https://boards.straightdope.com/u/magnusblitz)\ **Post date:** [June 5, 2017, 5:44pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/44 "2017-06-05T17:44:58Z")
> [@Monocracy](#): > > Y’all are giving bad information about police reports not being evidence because of hearsay. > > I’ve watched Judge Judy, and she will instantly and firmly shut down any litigant attempting to give hearsay testimony. Yet, she regards police reports as very strong evidence. > > And just doing a quick Google search, “are police reports hearsay”, the top few results say that police reports are exempt from the hearsay rule because they are considered business records. Judge Judy is not something to ever cite for actual court procedure. But I do agree with your overall point. I haven’t found any cut-and-dry codes saying that police reports are admissible in small claims court, but you’re right that the top hits on Google indicate they are. The [California courts website](http://www.courts.ca.gov/1013.htm) lists police reports under their list of “things that can be evidence in small claims court”. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [June 5, 2017, 7:45pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/45 "2017-06-05T19:45:37Z")
I know very little about police reports and the rules of evidence. And I know NOTHING about CA law. Also, whether or not evidence is admissible, has little to do with the weight it will be given. But think of this - unless the cop caught you speeding or saw the accident happen, the policeman completing the report has no personal knowledge about what actually happened. Instead, he is expressing his opinion, based on everything he saw and heard, and his understanding of the law. So his report is evidence of SOMETHING - the fact that an accident occurred, that police were called, names and info about the people/vehicles involved, and that the cop had a certain opinion - but not direct evidence of the actual events at the time of the accident. Does that make sense? As opposed to a medical report, which is completed by someone who presumably had direct personal experience with the examination, treatment, etc. ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [June 5, 2017, 8:05pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/46 "2017-06-05T20:05:55Z")
> [@DrDeth](#): > > They likely will not have to, The Judge makes his own decisions on what he admits, to a very large extent. I have a minor nitpick with this statement as written, but it’s not relevant to the OP here. In support of your broader point and your _Nolo_ cite, for the OP’s benefit, the California court website itself also recommends bringing a police report in a small claims case if you have it: [quote=California Courts website] 2. Prepare the proof to take to court Take any papers that support your story and take 2 more copies of everything. This is called “evidence.” Evidence can be:[ul][li]Contracts[/li][li]Estimates (take at least 2)[/li][li]Bills[/li][li]Photographs[/li][li]Diagrams that show how an accident happened [/li][li] **Police reports** [/ul][/li][/quote] Emphasis added. ---
**Author:** ![BeepKillBeep](https://avatars.discourse-cdn.com/v4/letter/b/9e8a1a/32.png) [@BeepKillBeep](https://boards.straightdope.com/u/BeepKillBeep)\ **Post date:** [June 5, 2017, 9:26pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/47 "2017-06-05T21:26:40Z")
> [@magnusblitz](#): > > Judge Judy is not something to ever cite for actual court procedure. I would love for that to happen. Soon-to-be-ex-lawyer: “Your honor, my argument has precedent.” Judge: “Oh?” Soon-to-be-ex-lawyer: “Your honor, I cite Jones vs Smith from the courtroom of Judge Judy.” Judge: Ha ha ha ha ha ha ha! Get. Out. 🙂 ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [June 5, 2017, 10:00pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/48 "2017-06-05T22:00:53Z")
> [@Really\_Not\_All\_That\_Bright](#): > > The judge doesn’t get to decide whether the rules of evidence apply… That isnt what I am claiming. I am claiming the the Small Claims judge decides what evidence is admissible. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [June 5, 2017, 10:12pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/49 "2017-06-05T22:12:23Z")
Well, yes. But he can only do so consistent with the law. If California’s rules of procedure applicable to small claims actions permit admission of hearsay evidence, he can do that. If they don’t, he can’t. ---
**Author:** ![ZonexandScout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zonexandscout/32/544_2.png) [@ZonexandScout](https://boards.straightdope.com/u/ZonexandScout)\ **Post date:** [June 6, 2017, 5:56pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/50 "2017-06-06T17:56:56Z")
One thing I’m a little unclear about is whether the OP’s car was legally registered at the time of the accident. In my state, the car can’t be registered unless there is at least liability insurance. If there was no insurance at all, can the car even be legally operated on the road? (The answer is, in my state, “No.” It could be driven with a dealer plate, but in that case the dealer would have insurance on the car.) I have no idea what impact this would have in small claims court, but I would think that it would not be helpful to have been operating the car without it being properly registered. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [June 6, 2017, 7:02pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/51 "2017-06-06T19:02:01Z")
From t he OP > [@](#): > > “Defendant from N/B Hawthorne Blvd., turned left onto Del Amo Blvd. and struck Plaintiff who, from a driveway, was stopped at Del Amo Blvd. to clear traffic” So is the Plaintiff telling a new story here? OR are they telling the same thing in the police report but releasing themselves from fault? ---
**Author:** ![SmellMyWort](https://avatars.discourse-cdn.com/v4/letter/s/ea5d25/32.png) [@SmellMyWort](https://boards.straightdope.com/u/SmellMyWort)\ **Post date:** [June 13, 2017, 8:23pm UTC](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693/52 "2017-06-13T20:23:08Z")
Hoping for an update since the court date was 6/12. [Previous page](https://boards.straightdope.com/t/being-summoned-to-small-claims-court-for-accident-not-at-fault/787693.md?page=2)