Legal Question in Personal Injury in California

Small Claims Laws

I got in a auto accident roughly 11 months ago. My insurance company settled with the palntiff a month ago. I recently got 2 small claims notice from both the husand and wife asking for the maximum amount allowed for small claims. I was wondering which I would have to pay. If I win the small claims case, would they still be intitled to the amount settled for or what the judge rules. To be more specific if the judge rules for a amount lower than what the settlement was, could they still ask for the amount settled.


Asked on 7/20/00, 9:17 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: Small Claims Laws

Normally, a "settlement" with the insurance company settles

all claims, and leaves the injured parties nothing to sue on. You

should contact the insurance company immediately to provide you with a

defense (although they can't appear for you, they can help you prepare), and

to get a copy of any settlement or release documents. Without that information,

I can't help you further.

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Answered on 7/21/00, 12:53 pm


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