Legal Question in Personal Injury in California
Personal Injury
I was involved in a minor rear end collision, I was not at fault, I suffered a minor case of whiplash, the insurance company refuses to pay medical costs, they offered $500 to settle, I refused, I consulted with an attorney, wouldn't take case, can I sue the reponsible party for medical costs, and loss of wages in small claims court. I don't want to deal with insurance company, they won't agree to pay medical, they say cost is too much for such minor accident.
7 Answers from Attorneys
Re: Personal Injury
absolutely. And there are many advantages to doing this, (e.g. the insurance company cannot represent her at the small claims trial) you do not have to give information (just show it) etc. But make sure your medical costs and other damages are small enough to warrant no more than $5,000.00. You should also include pain and suffering damages.
JOEL SELIK
WWW.4TheLaw.com
Re: Personal Injury
You certainly take the driver of the other vehicle to small claims court. You do not sue the insurance company directly. The jurisdictional limit of the small claims court is Five thousand dollars and no cents ($5,000.000) and may be adequate to compensate you for your damages, which you should know includes general damages for pain and suffering, medical bills,as well as, special damages for lost wages, or income, as well as various other losses, such as damages for lost property, and your car.
Re: Personal Injury
You certainly can take the driver of the other vehicle to small claims court. You do not sue the insurance company directly. The jurisdictional limit of the small claims court is Five thousand dollars and no cents ($5,000.000) and may be adequate to compensate you for your damages, which you should know includes general damages for pain and suffering, medical bills,as well as, special damages for lost wages, or income, as well as various other losses, such as damages for lost property, and your car.
Re: Personal Injury
Yes, you can sue in small claims with a $5,000 max cap limitation.
However, you can be sure that if you get a judgment that the insurance company is not happy with, they will file an appeal of the judgment, which will land the case in Superior Court, allowing the ins. co. attorneys to enter the battle.
Good luck.
Re: Personal Injury
Yes, you can. Try another attorney.
Re: Personal Injury
You can sue for up to $5000.00 in small claims court. Why would not the attorney you consulted take your case. You can also have your insurance company pay some of your property damage and medical bill is you had this coverage.
Re: Personal Injury
Yes, you can, as long as you understand your damages will be limited to $5,000, and that the medical insurance provider is entitled to reimbursement of the medical costs if they paid them already.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
