Some of you oldies out there may remember when I got into a car accident two years ago. Actually, “got into” isn’t really an accurate way to describe it…really, it just happened to me. Long story short: I was the last of a long line of cars stopped in traffic in the right lane of a freeway. A semi saw my car too late, slammed on the brakes, and skidded into my car at around 40-50mph (he was doing 60 when he saw my car and braked). I was a bit stiff and sore, but walked away; my car was totaled.
My insurance took care of me very quickly. As I was not at fault, I was paid the value of the car, etc., and the insurance then went after the guy who hit me. Apparently, he hasn’t been helpful. About six weeks ago, I got a letter notifying me that a lawsuit against this guy had been filed: “The plaintiff [insurance co.] has filed a lawsuit against the person that caused the accident…The defendants have not answered the complaint and a default has been entered against them.” I’m not exactly sure what that means, but I presume it’s that he hasn’t paid my insurance company for the damage to my car and all other related fees (towing, storing, etc.). I signed a declaration which would have hopefully kept me from having to testify in court, but alas. I received the certified letter today letting me know my presence is required in court “to testify about the events surrounding this loss and the damages and injuries I sustained as a result.”
Now folks, any advice? And am I understanding all that’s going on correctly? Anyone been through something like this, too? And is this as boring and tedious as it sounds? NOt exactly court-tv type material, here.
All I have to say is, fun. Well, it’s a day out of the classroom at least. (My father told me “they,” whoever that is, have to compensate me for lost wages/time off at work. True?)
Better to be a witness than a plaintiff or defendant, though.
Remember to occasionally leap to your feet and scream “I Object!!”
They love that.
Actually to be serious for a moment (why not?) it will in all likelihood turn out to be tedious and boring. Compensation varies from place to place. Just have no fear, tell it as it happened and try to enjoy the experience.
bring a book or two. it will be long, tedious, and they may settle after a few hours. with a bit of luck you will have an icky beverage, long lunch, and get to go home about 2 or 3 in the afternoon.
What happened is that the defendent ignored the lawsuit, and has had a default judgment entered against him/her/it. (I’m not clear on who exactly the defendent is.) The plaintiff–your insurance company–has won on the issue of liability by default, but it sounds like the damages haven’t been set yet. That’s why they want your testimony–to prove damages.
As for compensation, you’ll have to check with whatever jurisdiction the suit is in. I’m assuming this is a state court–the rules can differ a lot by state. Your father may be right…or he may not.
Call your insurance company and request that they answer your questions and set your mind at ease. They should be willing to oblige, since without your help (ie your testimony), they may not get all the $$ they’re due.
Listen to Rocking Chair. Take a book. There are few things more boring than a courtroom. If you’ve never been in a real one before, it’s not like TV. What takes one question in the movies takes about 6 in real life. I’ve been in this position before. It’s really not that bad, but it feels like it takes forever until you’re called up and then it’ll take a while to get through your testimony. Your insurance company will want to talk to you prior and make sure you remember the same facts that they do. That’s really about it. Good luck.
In my old correction center days, I’ve sat in the witness box any number of times. Bring a book, they often don’t let witnesses sit in the courtroom until they’re called.
witness payments vary. I only got mileage fee and $14 (half day payment). my employer deducted the $14 from my hourly wage, nice, eh?
My recommondation re: being on the stand. 1. Listen to the question carefully.
2. Wait a moment to make sure the attorneys don’t object to the question (and if they do, wait for the judge’s ruling).
3. Answer exactly what is asked.
be prepared to repeat your statements. For example, I was asked at least 5 times each time out to list the specific people who had access to certain areas at my work. (who had access to the supplies? where did they come from? who had access to this closet? who was responsible for putting them in the closet? who had access?)
also be prepared for really, really, really stupid questions “I gave her the styrofoam cup” Could you describe the cup? “It was white, styrofoam and looked like the one the judge is drinking out of”
Also be prepared for the other attorney to try and rattle you. (Example : do you prefer to be called Miss or Mrs.? I answered Ms. He went on “Mrs. so and so”…)