Legal Question in Civil Litigation in California

Allstate is stickin' it to me!

Allstate's insured broadsided my car, totalling it. All evidence including police report show I was 0% at fault. Allstate allowed this woman to REFUSE giving a recorded statement (finally did but only AFTER the police report was released months later), REFUSE pics being taken of her vehicle, she changed her story twice (in police report) and now Allstate is filing a counter claim, saying I was at fault because I: ''Failed to recognize the danger and take evasive action.'' Physical injuries less than 1K. New car + out of pocket = about 16K+, not to mention being a nervous wreck for weeks after the accident.

MY QUESTION: Can I sue Allstate and/or the woman for the 16K in Civil Court, or do I have to go through Small Claims and settle for 7.5K?

I have found no lawyer that will take my case because I have no major injuries. I was told however by a lawyer I consulted with that I have a VERY GOOD CASE, just not one a lawyer will take on for so little.

This woman was COMPLETELY at fault and she and Allstate seem to be working the system at my expense. Please help!

Thank you SO much for your time.

(not sure if the ''area of law'' I selected is correct)


Asked on 7/15/08, 11:00 pm

2 Answers from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: Allstate is stickin' it to me!

You probably do not have a direct cause of action against Allstate. With a case like this it might be difficult to find a lawyer to take it on. No, you do not have to go to small claims, you can go to what is called the "limited civil" which is easier than regular civil and more complicated than small claims. Hopefully you have insurance? You should check around because some lawyers actually take these cases. I would be willing to discuss with you if you like.

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Answered on 7/16/08, 12:23 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Allstate is stickin' it to me!

You can't sue Allstate. It is not your insurer and has no contract with you. It owes duties to the other driver, not to you.

You can sue the other driver in regular (i.e. not small claims) court, but without a lawyer you will be in over your head. Allstate will provide a lawyer to represent your opponent.

Note that the police officer's conclusion that you were not at fault is his own opinion and is not legally binding on anyone. You seem to think that his analysis makes your case a slam dunk, but it doesn't.

The other driver can disagree with the officer's conclusion, and so can her insurer. Some of the other tactics you describe raise questions about her credibility, but such issues are decided at trial and not before.

Good luck.

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Answered on 7/16/08, 1:57 am


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