Legal Question in Personal Injury in California
Did I ask for too much in my small claims?
Auto accident 9 weeks ago. CHP report lays fault upon other party (she cut me off on the freeway). My car's totalled. I received a letter from other party's insurance saying their investigation believes accident was my fault and is denying any claims. My insurance is in the process of paying off my car and said they will probably go into arbitration. Meanwhile, my passenger and I have been advised to take the owner/driver to small claims court. We filed 2 separate claims for $5,000 each. Since my car is covered from my insurance, can I include the $500 deductible as part of my claim? My medical bills have only come to $300 and I've been back to work and am not sure if I should continue medical treatment just for the sake of building up my case. Is there a way to lower my claim now that it's already submitted? My passenger is also concerned that his claim might be difficult to substantiate as he only lost a few days' wages, though he would like to undergo physical therapy. Please advise.
2 Answers from Attorneys
Re: Did I ask for too much in my small claims?
If you paid a deductible to a body shop or if it was deducted from a total loss, you can add that on to your case. You don't have to lower your case--the judge will do that for you. Do not build up your case improperly--you and your psg should have had more therapy earlier 9 weeks ago when you were injured. You don't start thinking about that when you're going to court. As to your psg and his wage loss, he should get verification of that from his employer.
Re: Did I ask for too much in my small claims?
Check with your insurance befor filing. You can claim the deductabile along with medical and loss of income. However, you should see an attorney.
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