Legal Question in Personal Injury in California

The party(ies) who you allege caused the accident and NOT the insurance company.

The driver and the owner if a different person and if the driver was driving while on the job then you might have to sue his/her employer as well. If the driver was under 18 you might have to sue at least one of the parents. You cannot sue the insurance company but might want to send them a copy of the complaint to see if they change their mind and pay you. Most likely the representative of the insurance company will accompany the insured to the small claims trial (so long as that person is not a lawyer) and may be allowed to speak which is kind of unfair because you cannot have legal representation yourself in Small Claims Court. However, judges understand that and will consider the fact that you are not a lawyer. Nevertheless prepare your case well including getting witnesses statements under penalty of perjury under California law and bring photos, bills, records and everything since it is your burden to prove your case and your damages. I am sure the judge will put pressure on the insurance company at the trial and you might get the claim settled then. Good luck....