Legal Question in Insurance Law in California

I was involved in a rear end accident and the insurance company denied the claim stating that their insured was pushed into me. I never saw another car. I took the insured to small claims court and won. The judge awarded me $3075.00 I was taking them to court for $4975.00 This included ongoing medical bills and time missed form work for court. I got a check in the mail today with no release or any paperwork for $3075.00. I do not want to accept this amount. Can I still go after the insurance company for excess monies?

If an insurance company denies a claim but pays a judgment are they accepting fault?

What would you recommend?


Asked on 9/13/09, 2:20 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You do not receive compensation for time you spent in court.

Since you received a judgment against the defendant for $3,075, that is all you ever will receive. The insurance carrier is on the hook for that amount only, since that was adjudged to be the defendant's liability.

As for medical bills, attorneys who handle personal injury cases often negotiate with the doctors to reduce the bills if the judgment or settlement isn't sufficient to cover everything. You might contact the health care provider(s) and sound them out about their willingness to work with you on the finances.

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Answered on 9/13/09, 3:42 am


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