Legal Question in Personal Injury in California
other driver's insurance co. denied injury claim
I was rear-ended 9/02, and my own insurance company paid for repair (about $1000) and medical treatment (about $1600).
Other driver's company only offered $500, claiming that such a minor accident could not have caused any injury. I made counter-offer of $500 for the car, plus three times my medical expenses, for a total of $5300. They denied the claim, and said if I tried to sue they would prevail in court. Would an attorney take such a small case, or should I go through small claims court (for $5000), or should I take the $500?
4 Answers from Attorneys
Re: other driver's insurance co. denied injury claim
Most attorneys won't take that small of a case, especially into litigation. The 3x formula has not been used in about 15 years. If your co. paid for your car, your only property claim might be for your deductible. As to the injury case, I'd go to small claims and ask for the med bill plus about $2000 more. Hopefully, photos of your car will show some damage.
Re: other driver's insurance co. denied injury claim
Small value claims are tough to settle or recover much on with insurance company attitudes like you face. Talk to a local attorney before deciding.
Re: other driver's insurance co. denied injury claim
from the facts given, if you feel your claim is justified and within the jurisdiction of small claims court exclusively, you should proceed this route. however, an attorney might be able to review your case in more detail and quite possibly find alot more in damages that you may be overlooking. if you would like further legal assistance, email me directly with how you might like to proceed in this matter.
Re: other driver's insurance co. denied injury claim
I sympathize with your situation. You are facing something that many people face when they try to handle their claims directly with a majority of insurance companies.
Very honestly, you are facing an uphill battle. While fault in the accident may not be in question, your damages are. An attorney could help you better evaluate if you should proceed with a formal complaint or simply accept the nuisance-value offer.
This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.
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