Legal Question in Personal Injury in California

Non insurance accident

i was in an accident where i had no proof of insurance. i was carrying a trailer behind me moving from texas to california. i was rear ended at 3am by a semi-truck. everything i owned was instantly destroyed. the semi ran trough my trailer and my car. it tipped over and what was left of my belongings were in the middle of the freeway (I5). my belongings were being run over by other truckers, because they didnt want to wait for things to be cleaned up. the police came and everybody was fine, luckily i was too. So, a couple months later i recieved a check for my car and the trailer from their insurance. the other driver was found at complete fault on the accident report from CHP. i was asking 20 thousand for my belongings, which is very reasonable for a housefull of stuff, but the insurance says they will give me 2,500. i have no picures becuase i had no camera, i have pictures of the car and the trailer after the accident, but my belongings were cleaned up. i was just wondering what my chances of a judge ruling for the amount of 20k for me. i do have many written testimonies of how i owned all the property, and people who saw me driving with the trailer full. thank you very much


Asked on 6/10/05, 7:25 am

1 Answer from Attorneys
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Non insurance accident

With a small claims court limit of only $5,000, you'd have to go into superior court and then you may need an atty and he might want money up front rather than a contingency fee. Put a complete itemized list together with any receipts and witness statements. But is this trucking company out of state? You'd have to be able to serve the company or the driver and find them. As the plaintiff, you'll have the burden of proof but if you're credible and have decent evidence, you could prevail.

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Answered on 6/21/05, 3:34 pm


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