Legal Question in Insurance Law in California

Car Accident

Hello,

On 5/16/2006, my parked car was hit outside my home. My neighbor across the street witnessed the accident and informed me another neighbor (call him J) is the culprit. J denied the charges, so I called the police, the police interviewed the three of us and wrote a report citing J for unsafe backing of his vehicle and a few other things. I filed a claim with J�s auto insurance company.

Initially, they denied my claim, because they said there wasn�t any damage on J�s truck. I learned beforehand J has access to a few work trucks, on the day I called the police, J drove a different truck (not the truck he hit my car with) home. But the police wrote down the license plate of the truck he drove home. After presenting photos of J�s other truck and the teeth mark of his truck�s bumper imprinted on my car door, the insurance company reopened the case. Somehow, the insurance lady I was working with got fired. So, I went to the insurance office and met the supervisor. Supervisor informed me as long as their client denies the claim, there is nothing they can do, and they won�t admit fault and fix my car.

Should I sue?

If yes, do I need a lawyer or will small claim suffice, damage is less than $7500?


Asked on 5/07/07, 4:23 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Car Accident

It sounds like a good small claims case to me. You should probably invest in an attorney consultation beforehand so you will know what you need to do in order to prove your case. Going in without knowing what to do is a good way to lose even if your case is strong.

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Answered on 5/10/07, 9:15 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Car Accident

Yes, you should take the police report, pictures, a statement from the witness, estimates and any other documentation you have and file a lawsuit in small claims court. They don't have to accept your version, but they will pay a judgment if you get one. Also, remember to include loss of use for the time your vehicle is being repaired.

For my free book on small claims court, email me at [email protected] and ask for the small claims ebook.

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Answered on 5/10/07, 10:10 pm


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