If I go to small claims court and lose the case, do I have to pay for the other person’s lawyer if his insurance company provides one?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I go to small claims court and lose the case, do I have to pay for the other person’s lawyer if his insurance company provides one?
I had an auto accident and I had liability insurance only. The other driver was charged with DUI, but his insurance company did not agree to pay me, because police officer also charged me with improper left turn at green. I went to the court and the Judge found me ‘not guilty’ on the police citation. The other driver’s insurance company still does not want to pay me, because they said the other driver still had the right of way. I wanted to go to small claims court against the other driver but his insurance company pay provide a lawyer. Do I have to pay his lawyer’s cost if I lose the case?
Asked on February 7, 2017 under Accident Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
In small claims court there aren't any attorneys. Therefore, if you sue in small claims court and lose, there won't be any attorney's fees from the opposing party.
In the higher courts, if you lose a lawsuit, the loser pays the winner's attorney fees.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.