Legal Question in Personal Injury in California

Our daughter was involved in a multi-car accident in California. The official accident report says one of the four cars involved "caused the accident." I'll call that car "Car A." Car A's insurance provider stated verbally that Car A is contesting this, claiming that someone else hit her first, which caused Car A to lose control of the car. The accident happened four months ago, and Car A's insurance provider still has not accepted or declined liability. We feel both Car A and her insurance provider are stalling, hoping we just go away. We had our car repaired in October for several thousand dollars, and want that money reimbursed.
Can we sue Car A and/or her insurance company in small claims court now? Or, do we need to wait for her insurance company to make a ruling on liability before we proceed?
We live in another state outside of California, but the accident occurred in California.
Thank you.

Asked on 1/03/12, 9:33 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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You could/should consider making a claim on your own insurance if all you have is property damage and let them seek reimbursement. If you have no insurance, and if your claim is for only a few thousand dollars property damage, you should file in Small Claims court here. However, that will require you come to a trial here. If you don't do one of those things, you will not get paid. They have already told you they contest the claim.

Answered on 1/03/12, 9:56 am

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You are never required to wait for someone else's insurance company to do anything before taking action to enforce your legal rights. I agree with Mr. Nelson that you should have tendered the claim to your insurance company immediately, and should at least give that a try now. Unfortunately, having already made the repairs, you may run into resistance there, but it is still worth a try. If you don't get immediate results from her insurance company, then you need to sue.

Answered on 1/03/12, 2:31 pm

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