Legal Question in Personal Injury in California

Re: no insurrance, not at falut what can i sue for in small court?

I note that your question to LawGuru.Com has been directed to me as I specialize in Personal Injury law.

As to who you can take to small claims court, you can sue the rental car company as the registered owner of the vehicle and the driver who actually caused the damage. You can collect money for a bodily injury claim consisting of medical bills, wage loss and pain and suffering and for property damage matters such as car repair, car rental and storage fees. The total limit of your claim cannot exceed $5,000.00 in small claims court.

Once you have all your documentation and receipts, send copies to the rental car adjuster with a demand to settle the case. If he does not return your calls or respond to your letter within a reasonable time, you will have to consider filing suit in small claim's court. If the total value of all of your claims exceeds $5,000.00 by a decent amount, you may want to consult with a personal injury attorney to consider a lawsuit in Municipal Court.

If you are in the Orange County area, I would be glad to provide a free consultation to you to further discuss the aspects of your case.

Sincerely,

SAM M. EAGLE, 10101 SLATER AVE #218,

FOUNTAIN VALLEY, CA 92708

PHONE: (714) 963-5123

FAX: (714) 964-9993

E-MAIL:WWW.FIRMS.FINDLAW.COM/EAGLELAW007

Re: no insurrance, not at falut what can i sue for in small court?

You are missing something, a lot.

First, you can settle the claim for your car and rental car independantly from your "bodily injury claim" and I highly recommend that you do that. You are entitled to fair market retail value of your car, sales tax on that amount and any unused portion of your vehicle registration on the totalled vehcile. Don't settle for less than full fair market retail value, regardless of what the adjuster tells you.

Do not settle your bodily injury claim for at least six months. Many injuries do not show up for a long time. Don't cut yourself short. You have one year to settle the claim or file a lawsuit (unless a governmental agency is involved, call for details).

Get the medical attention you need (this is of utmost importance)and a consultation with a law firm specializing in personal injury. It won't cost you anything and you can get answers to questions you haven't thought to ask.

After six months, if you still want to go to small claims court, call me and I'll give you some tips on handling it (I have experience as a judge).

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123, [email protected].

Re: no insurrance, not at falut what can i sue for in small court?

You would be foolish to limit your case to $ 5,000.00 by filing in small claims court. You are entitled to the value of your automobile, loss of use of your automobile, medical expenses, future medical expenses, lost earnings, lost earning capacity, and pain and suffering. You would be well served by obtaining representation. This is a case that most attorneys would take on a contingency fee basis, i.e., you don't pay the attorney, fees are paid at the end. An attorney would also be able to refer you to a doctor who would take you as a patient on a similar arrangement. Contact me directly at (619) 222-3504.

Re: no insurrance, not at falut what can i sue for in small court?

Your letter is unclear as to who had no insurance. However, no matter whether or not a party was uninsured, by going to small claims court you are limiting your total possible recovery to $5,000 and your case may be worth much more. Do not let the adjuster scare you into taking a small sum. If your case occured in Santa Clara County, I'm located in San Jose and you may call me for a free consultation at 408/295-8282. Also, please remember that any claim for damages in this case must be filed in state court within 1 year of the date of the accident. Don't procrastinate, call an attorney immediately.