Legal Question in Personal Injury in California

You haven't provided enough facts to know whether anyone else is liable, let alone whether it's the city. If your insurance company believes you have a good case, it may decide to bring a subrogation action to recover the money it paid on your claim.

The problem for you here is that the value of the case to you is only the amount of the deductible--probably $500 or $1000. That's a very small small-claims case, which is hardly worth pursuing. What you don't mention is personal injury. It's hard to believe that you could hit a brick wall, disabling your car, and walk away without even any neck or back pain. If you need or received medical attention, then your case may be more worthwhile hiring an attorney for; otherwise, this is the procedure you need to follow:

1) NOT LATER THAN SIX MONTHS from the date of the accident, you must file a Government Claim Form with the agency responsible for the accident. Be very careful about picking the correct agency! Is it the City? The County? The State? An independent agency? This can be tricky, and if you screw it up, you could automatically lose the case.

2) Once they deny your claim (and they almost always do) you will have SIX MONTHS FROM THE DENIAL in order to file your lawsuit in small claims. The court clerk will have all the forms you need, and you can have them serve the agency for you.

3) Go to your small claims hearing and prove your case. Bring photos of the accident scene and the damage to your car, as well as any bills or receipts that you want paid. Be prepared because in small claims you only get ONE SHOT. There is no appeal, so if you lose, you're done!

That's what you do if all you have is property damage. The procedure in case of personal injury is MUCH simpler: just pick up the phone and call me! I'm at (877) LION FOR LAW (546-6367) and I'll be glad to help.