Legal Question in Personal Injury in California
Personal Property Damage
I was involved in an auto accident. I was not at fault. The person who hit me was driving a delivery truck and he gave me a business card with the business name and address on it. Now he says that he did not hit me and that my car was already damaged. I do have the name and phone number of a person who witnessed the accident.She is not related to me and she works in the office building near the accident site. I realize that I was stupid in not getting a police report. All I want is to get my car fixed. Is it too late to get this company to fix my car. Should I go to small claims court. Should I get a notarized statement from my witness or is a letter sufficient.
2 Answers from Attorneys
Re: Personal Property Damage
You can go to small claims court. You have three years to file. you should subpoena the witness to the small claims court.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Personal Property Damage
You could take your case to small claims court, but
you might loose. The reason this is the case is
because the company's insurance would have their
representative go to court to represent the company
since the insuranc company is ultimately responsible
for the damages to your car. Their representative
has much more experience than you do in
handling property damage claims and winning in court
since they do it every day. Additionally, if you did
win they would most likely appeal it and it would
go to Superior Court where they then could have an attorney
and then you would be forced to hire one. I handle
personal injury and property damage claims on a
daily basis. If you were not hurt in the accident
and you only wish is to get your car fixed I could
handle your case for you for a flat fee. Once
you get a lawyer involved things move more quickly
than trying to do things on your own. I would be
more than happy to give you a free consultation
over the phone and let you know how much it would
cost and what I could do for you. You have three years
from the date of the accident to file a lawsuit. If
you were injured and would like compensation for pain
and suffering and/or doctor bills you have one year
from the date of the incident. I have had several
client's who have filed in small claims only to win
and have the insurance company appeal and they end
up having to pay three times as much money to hire me
to defend an appeal than it would have cost to hire
me intially and settle their claim without having to
go to court. I can be reached at 805-546-9909 or email
me at [email protected] and leave your name and number
and I will contact you at your convenience.
I hope I can help.
John Hayes, Esq.
John Hayes
The John Hayes Law Offices
P.O. Box 3003
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