Legal Question in Personal Injury in Alabama

We have a 95 dodge conversion van, that was damaged sufficiently in an auto accident for the at-fault driver's insurance company to want to total it and claim it. The insurance co., Nationwide's, rep will only give $3200 at that. The closest comparable vehicles for sale are $5 to 6,000. Or it will cost about $6,000 to fix it. Alabama small claims only goes to $3,000. Can we file 2 small claims suits, me as driver and my wife as owner? And who would the defendant be? Insurance company or driver of other car? Or should it be filed in a higher court?


Asked on 10/23/09, 4:39 pm

2 Answers from Attorneys
James Seal Law Office of James V. Seal, LLC

Your suit for that amount of damages would be brought in District Court (up to $10k), with the defendant being the driver/owner of the other vehicle. You should be provided with something showing where they are getting their comparable's to come to that amount.

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Answered on 10/28/09, 4:59 pm
Jon Lewis Lewis, Feldman, & Lehane, LLC

In Alabama, Small Claims Court and District Court are one and the same. The only difference is that Small Claims is up to $3,000, and District is up to $10,000. You should file a District Court case for the value of the vehicle before the collision less the value after. You file against the other driver, not the insurance carrier. Was anyone injured? If so, we would be glad to talk to you about the case and assist you (we do not charge on the property damage matter if a personal injury is involved). Also, I have a report on when you may not need an attorney. If you would like to review it, please e-mail me at [email protected].

Jon

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Answered on 10/28/09, 5:01 pm


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