Legal Question in Insurance Law in California

car insurance company to small claims

What are my chances in taking a car insurance company to small claims court? My car was hit. Not my fault. No witnesses. I only have liability, not comprehensive, so any damage to my car is not covered. The other party's insurance only paid me 50% for the damages to my car, requiring me to register it as a salvage.


Asked on 6/18/07, 6:02 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: car insurance company to small claims

You cannot sue the other person's insurance company. You can only sue the driver. Sue him in small claims court for all of your property damage plus loss of use.

One caveat: make sure you did not sign a release.

Finally, if you would like my free report on determinging the fair market value of your car, email me at [email protected] for my free report

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Answered on 6/21/07, 1:57 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: car insurance company to small claims

Whose insurance company are you trying to sue? Since you admit that your own policy does not cover your loss, I don't see how you could win a suit against your insurer. The other insurer has obligations to its insured but not to you, so even if the driver still owes you money his insurer technically doesn't. I don't see how you could win a suit against that company either.

You say the other insurer has already paid you something. Did it have you sign something? If so, you may have waived your rights to proceed further against the driver.

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Answered on 6/21/07, 2:30 pm


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