Legal Question in Personal Injury in California
Small Claim Court for car accident
I'm being sued in small claims court for a car accident. I have full coverage insurance,and the claim was already solved in my favor. A friend told me the claim was filed in hte wrong venue. Is that correct?
3 Answers from Attorneys
Re: Small Claim Court for car accident
Contact your insurance company immediately and send them a copy of the lawsuit. Don't even worry about venue. They'll know how to handle it and advise you.
Re: Small Claim Court for car accident
The term "venue" is ordinarily used in the geographic sense. While all California courts have jurisdiction over routine automobile accident cases, only certain counties will be the appropriate venue for such a suit. The venue rules are a somewhat complicated and nuanced, but the proper venues in your case are probably the county where you live and the county where the accident occurred.
What you have in mind may be whether your case should be in small claims court. That isn't really an issue of venue, but I think it is what you are asking about. As long as the plaintiff is seeking less than $5,000 in damages and is not seeking an injunction or other equitable relief, the case can be brought in a small claims court.
The fact that the insurance claim was resolved in your favor does not mean the court has to reach the same result and does not prevent the plaintiff from bringing the suit.
Re: Small Claim Court for car accident
Venue means geographical location. You have to tell us what city you live in or what city the accident ocurred in. Then we could determine if the case is in the proper court.
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