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.
1 Answer from Attorneys
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.