At this time I am not interested in pressing charges as damage to my vehicle is less than $300-$500, and the suspect seems to have no money to sue for anyway. I do not want to file claim with my insurance as I can cover out of pocket. The suspect also totaled another vehicle and fled the scene on foot. I was contacted by that persons insurance to help clarify what occurred at the scene as I was the only witness. Why am I required to even attend court at this point? Would it be suggested to hire representation?
The hit and run driver got a ticket and you will be the complaining witness. Without your testimony he may get off scott free. You don't need a lawyer. The state's attorney will guide you through the process.
I understand that you have minor property damage and no injury so you have no need for an attorney and you have elected NOT to make a claim on your insurance. You should send the repair bill to the Secretary of State. They will suspend the other driver's license until he pays you.
If you are under Subpoena to testify as a witness in the other accident, it is NOT an invitation. You MUST appear or a bench warrant can issue for you. You are welcome to bring counsel but it is NOT necessary.
Your deductible will likely be $250 or $500 but I think you may well be right about this person's ability to pay you your damages. IF you get a subpoena to appear in court, you need to go---with or w/o an attorney. If you do not get a subpoena, you need not cooperate should you choose not to. Sorry about your circumstances. Each state has its own laws so I will defer to local knowledge should IL do things differently. best wishes
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
You're the complaining witness, so prosecutors want you there. If subpoenaed, you must appear.
If you're injured, you'd have an uninsured motorist claim with your carrier.
As the other attorneys have noted, you are the complaining witness (in the state's case against the driver for committing a crime). If you do not appear the state will have no evidence and the uninsured driver will likely not be prosecuted. Though you can have a lawyer advise you, most complaining witnesses do not. If you are subpoenaed, you must attend.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Who is requiring you to come to court? You only need to attend court if you are appropriately summons. Usually the summons is accompanied by a check for your travel expenses. Simply getting a letter asking you to attend is insufficient process to require your attendance.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
