I'll put the situation in a nutshell: other party's insurance company admits liability in writing but wants to pay as total loss and ignores comparable vehicles with similar mileage. I filed in small claim court against their insured for injury and vehicle damage...defendant didn't show up or ever contact the court even though served by a constable. defendant appealed the default judgment and got the matter moved to a higher court (PA Court of Common Pleas) where I had to bring a cause of action which I did. I now have filed an amended complaint because of medical findings on my injury. I don't know what to do next and can't seem to find any info easy to understand. Law librarians are afraid to answer any question, even on procedure, for fear of liability and unless you know what rules you are looking for it is a maze to a layman. I didn't ask for this higher court and can't really afford an attorney who wants to handle for a 1/3 contingency but if goes to higher court will take half of the settlement. I take it I need to file a motion to get the court to hear anything...but what kind of motion and when to file? How do I get the court to hear the trial? Thanks for any help. Tony
I would not speak to anyone but a lawyer about this. Sorry if this is no help, but when it comes right down to it nobody but a lawyer can help you here.
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If you were in an auto accident, I'm not sure why you wouldn't have sought an attorney from day one. Attorneys for this type of thing don't charge you anything unless you win. "We Don't Get Paid Unless You Get Paid"... considering small claims limits damages to $5,000, it seems almost ridiculous not to have contacted a lawyer from the start if you may be entitled to more than $5,000, becuase you could have started in a higher court and sought far greater money. I think you'd be best off trying to find an attorney at this point, because while small claims court is fairly easy for self-representation, higher courts are not. If you're going up against an insurance company, they have high paid lawyers and they're probably laughing at you for representing yourself.
There's a reason why lawyers go to 3 years of law school (plus possible summer jobs, clerking, etc) before attempting to practice law. You wouldn't walk onto a Boeing 747 and try to fly it yourself after just reading a forum for tips would you? What's this button do . . .