Legal Question in Personal Injury in California

Re: auto accident

Hello. Did the other driver have a valid insurance at the time of the incident? If so, you should not be going to small claims court, as you may be entitled to more than $7,500.00.

I am an injury lawyer in Sacramento and San Francisco. If you would like to discuss this, feel free to follow up.

Thanks!

Arkady Itkin

www.arkadylaw.com

Re: auto accident

If all you are concerned about is your car, you are entitled to what it costs to repair it the same condition it was before the accident. The court will not award more than what you actually paid for the repairs, but if additional repairs or parts are necessary to put the car back into its former condition, and you have a couple of estimates to support those additional repair costs, you have a fair shot at getting those additional costs, even if you have not yet incurred those additional costs. However, the court will not pay you more for repairs than the fair market value of the car.

If you suffered bodily injury in the accident, you would also be entitled to your medical expenses and to general damages (Pain and suffering).

You say that the driver of the other car (we'll call him the Defendant) was not insured. Does he have a job? If you obtain a judgment against him, you can garnish his wages (a percentage of his pay per month) for as long as it takes to pay off your judgment. Does he own a house? If so, you can place a lien on the house.

As far as proving liability in Small Claims, you can testify as to your version of the accident and the Defendant will be asked to tell his side of the story. If you have any witnesses, you can ask them--or subpoena them-- to come to court to testify also. Pictures of the damage to your car (before repairs, of course) would also be helpful, as well as the damage to the Defendant's car. Also bring your repair bills, and any medical bills. A certified copy of the police report will help to establish liability.

Caveat: From the amount of the repair costs, it sounds like the collision was pretty severe. You may want to get a medical checkup to see if there are any residual physical problems that may not have surfaced yet. If you get a Small Claims judgment for the car repairs, and find out you have a slipped disk or something later, it will be too late, because you have to bring all your medical and property damage claims in one lawsuit. If your doctor does find any potential medical problems caused by the accident, you may want to sit down with a lawyer in your area to discuss whether a Small Claims suit, with a maximum $7,500 recovery, is adequate to achieve a fair result.

Also keep in mind that here in California you must bring whatever suit you decide to file within two (2) years of the date of the accident, or it will be barred. (This is called a statute of limitations.)