Legal Question in Personal Injury in California

I had a car accident on July 2009,the person who hit my car did not have insurance,her license was suspended,and I only had the insurance the law requires, the only way to make her pay for my car damage is to file a case in court, is there a time limit to file a small claim from the day of the accident til' today? And can some one explain the process of small claims? Do I have to let the person know before I file the claim? She does not want to answer the phone,thus my lawyer gave up on the case, he said there was no way of contacting her. How can I show/get proof of the value of my car?


Asked on 4/17/10, 12:00 pm

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

If you file a small claims case, you must have a process server or sheriff deliver the papers to her personally, or to an adult in her residence and then mail a copy. You will then file a copy of the written proof of service with the court. You should file it in the court that serves the area where the accident occurred.

You have two years from the date of the accident to sue for compensation for personal injury, and three years for property damage.

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Answered on 4/22/10, 1:15 pm


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