Legal Question in Personal Injury in California

Trying to sue someone for damages

Hi, I�m trying to sue someone for the damage of my vehicle that is parked on the street in front of my house when she drove into it. Her insurance offered me a settlement amount that is less than the cost of my damages due to fact that the total cost of my damages is greater than the Property Damage Limit on that woman�s policy. I was about to send her a demand letter first, but I just found out while I passed by her residence that she moved to a new place because all her windows and door on her house were closed and there�s a big placard on her yard that states her house is for sale with the realtor�s name and contact information. I concluded that she moved and also she is capable of paying because of her property. How can my demand letter be sent? How can the small claims court send her a court appearance letter if we don�t know where she is now? I only got her driver�s license no and the name of the policyholder. Do you think I have a case? Should I continue to sue her or just take the offer?


Asked on 8/19/05, 6:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Trying to sue someone for damages

You should have gotten her info at the time of accident. The small claims court can send the letter to the last registered address. If you take the money from the insurance company, you can't also sue unless specifically reserving that right, which they aren't likely to allow.

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Answered on 8/22/05, 5:17 pm


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