Legal Question in Civil Litigation in California
small claims in CA
My husband was involved in an accident and we filed with our insurance. Our insurance determined both parties at fault, and paid out accordingly. The owner of the other car was not driving. The owner is now suing for the amount she feels we are responsible for, even though our insurance already paid and closed the claim. What is our responsibility to the defendant? Can she continue to demand paymet?
2 Answers from Attorneys
Re: small claims in CA
The insurance company's decisions are not legally binding on third parties. However, it is likely that the insurer insisted that the claimants sign release forms as a condition of receiving payment. Anyone who signed such a form would no longer have the right to sue you.
Are you sure that the insurance company paid anything to the owner? If it settled only with the other driver and if that person was not the owner, it is possible that the owner has neither signed a waiver nor received any compensation. Her right to sue you would not have been affected by any settlement with the driver.
Re: small claims in CA
send it to your insurance company to defend, that's what you pay them for.
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