Legal Question in Business Law in California

Can an insurance co. defend their insured at a small claims trial?

I have sued a defendant in small claims for colliding with my car while it was parked and causing damage to it. Her insurance co. has refused to pay my damages.

Can her insurance co. defend her at the small claims trial? Or must she defend herself?


Asked on 3/16/09, 6:59 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can an insurance co. defend their insured at a small claims trial?

Good for you. No lawyers are allowed in small claims court, and nonlawyers can't represent parties, so the party will have to show up and defend herself.

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Answered on 3/16/09, 7:09 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can an insurance co. defend their insured at a small claims trial?

Small claims litigants must represent themselves.

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Answered on 3/16/09, 7:10 pm
Mark Russakow Russakow, Ryan and Johnson

Re: Can an insurance co. defend their insured at a small claims trial?

No. She must show herself as lawyers are not allowed in small claims court unless they are representing a corporation. She is not a corporation, and the insurance company is just paying the coverage, and is not the defendant.

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Answered on 3/16/09, 7:36 pm


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