Legal Question in Personal Injury in California
I was wrongfully denied compensation from auto accident
I was in high school driveway with my drivers door open to let son out. A woman comes off main street, hits my open door,explodes window and hyperextends door. She said I opened door onto her. I had just come back to town from a few months absence. I was in good faith on my way to start up with a new insurnace co. but they didnt open till after my sons school started. Her insurance denied my claim. I have gotten a $5,000. estamate and have been on dissability for nine months now due to compressed disks in my back. can i only get repayment through civil court?
2 Answers from Attorneys
Re: I was wrongfully denied compensation from auto accident
If the estimate is exactly $5,000 you can sue in Small Claims court. If it is over you may want to consider Municipal Court since the limit is $25,000. Have you filed a claim with your insurance company? Most policies pay the property damage portion of an accident and if they feel the other person is responsible they will go after them to recover what they paid out. If you have to pay a deductible you can either go after the other driver in small claims court or ask the insurance company if they can recover it for you. If you have any further questions please feel free to email me.
John Hayes, Esq.
Re: I was wrongfully denied compensation from auto accident
Regardless of why you did not have insurance the fact that you were uninsured will limit any recovery to the property damages and out of pocket medical and related expenses. You can only obtain recovery through the civil courts.
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