Legal Question in Personal Injury in California

Had car accident. The other party's insurance has admit at fault. However they are not willing to pay anything after the estimation. The said the prior damage on my rear bumper warrant the bumper to be replaced prior to the accident. I am only asking for the re-finishing of the bumper, not replacing it. They say they cant re-finishing it without replacing it. Thus, no reimbursement at all. Is this reasonable? Do I have a case if I take this matter to small claim court? I live in San Jose(Santa Clara County) California.


Asked on 3/18/11, 5:30 pm

1 Answer from Attorneys
Tony Carballo Carballo Law Offices

Yes, you can take the case to Small Claims Court but is it worth your time and trouble??? You will have to sue the person who hit you and not the insurance company. You will have to spend the money to pay the court fee and then the money to serve the person with the complaint. If there is prior damage then the judge might try to apportion the damage or award you nothing. I doubt this is worth it.

Read more
Answered on 3/18/11, 6:21 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California