Legal Question in Personal Injury in California
Small Claims
Earlier this year we were involved in an vehicle vs. big rig accident. Our vehicle was totaled and the truck drivers insurance company was not cooperative. I filed through my insurance and the pay off was only for ACV of our vehicle. This left us short several thousand dollars since we did not have GAP coverage. Can I go to small claims court to try and recoup some of the money lost?
2 Answers from Attorneys
Re: Small Claims
That depends upon whether you signed a settlement agreement and, if so, what it said. If you haven't released your claims against the other driver you can take him to court. You can't sue his insurance company because it doesn't have a contract with you and it wasn't involved in the accident.
Re: Small Claims
You can try to go to court but generally, the law only requires the responsible party to pay the lesser of the repair estimate or the market value. The market value may be less than the loan balance. Have your documentation ready from the finance company. If there were any injuries and you are in So. CA, I'd be glad to speak with you further about injury claims.
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