Legal Question in Personal Injury in California

Re: Small claims

Have you reported the accident to your own insurance carrier? It might be able to compensate you for your damages, and then go after the other driver. Yes, you can file a small claims action. However, the police investigation is typically hearsay if the police officer wasn't there. Usually, though, in small claims court, the rules of evidence are more relaxed, since you won't have a lawyer there to argue the legal technicalities. You might want to bring a witness to help bolster your own testimony -- perhaps the driver of the car behind the one refusing to pay you. Good luck!

Re: Small claims

The mere fact there is no damage to the vehicle believed to have caused the accident does not mean the driver of the vehicle was not at fault. Particularly if it is a big "urban assault vehicle" hitting a small car. Especially if they have those big "cow catchers" in front. You could sue the driver in small claims, but it might make sense to file on your own collision coverage and let your insurance carrier go after his. If they believe the police report, they will not be put off so easily and will recover from the driver at fault. If you are not at fault, your insurance rates should not be affected. This could also be an act of "bad faith" under state insurance law. This might enable you to sue the insurance carrier for additional damages beyond the cost of repairing the vehicle. E-mail me at [email protected] if you would like to discuss it further.

Re: Small claims

Small claims limits your recovery to $5000.00, no more. So yes, you can file small claims action if damages within limits. Call attorney to discuss. 800-685-6950

Re: Small claims

Who cares what he says? File your claim and pursue it in court. If under $5000, go to small claims court, above that, see a lawyer. Contact me if interested.