[Absolut Speed]

I know a message board is the last place to ask, but....

Most know my pit area was run over at a Solo II event and approx $1000 in damage was done. Offender refused to pay, as has insurance. Attorney I know did a favor for me and wrote a letter to the offender's insurance company asking them to do this the easy way and pay up now, or the hard way, and take the case to court. They again refused to pay. The attorney I used doesn't practice in Iowa and he referred me to someone who does for $155/hour.

I'm already out $1000, so..

Do I go alone and risk losing $1000, assuming it's a fairly simple case be it judged one way or the other?

Or do I improve my chances and hire an attorney, risk losing $1300 and at most get back $690?

When I pitted this question to the attorney that wrote the letter for me, he said it was always his advice to recommend legal counsel, especially when his insurance, who would represent him, would use an attorney.

(IMG:http://www.frrax.com/rrforum/style_emoticons/default/banghead.gif)

[Absolut Speed]

I called the attorney I was referenced to. He said it was a coin toss in whether it was worth it to hire him. He noted that with the way small claims cases are scheduled in blocks in the county, I could have 4 billable hours into this @ $155/hour.

So I could end up $1500 in the hole in the worst case scenario. The judge could go 50/50 on the decision and I might break even, or could still end up in the hole depending on whether my case was first or last on the day.

Apparently lawyer fees are not recoerable in small claims court, so that's another negative. At best with an attorney, I get $700.

But then he stated he also has been on the other side on behalf of insurance companies and usually won, which didn't make me feel good. However, he also said most of the losers were "less than well-spoken."

The attorney seemed rather candid and said he'd take the case if I so chose, but that he wasn't sure that was worth it considering the risk of a 50/50 judgment or sitting at the courthouse all afternoon waiting to be called in.

His final suggestion was to contact the guy one last time and seek a settlement, noting the increased risk to his insurance rates where he'd pay more in the long run.