Legal Question in Product Liability in California

Can I file a lawsuit in small claims court against the driver of the car I was recently in a accident with, who was found to be at fault? Neither of us have collision coverage through our insurance companies and I feel I should be reimbursed for the loss of my car and the cost of the tow truck that was needed to move the car from the side of the freeway.

Asked on 6/25/15, 3:30 pm

2 Answers from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Collision coverage is only for damage to your own car. So the other driver's liability coverage is supposed to repair your car. Make a claim directly to them. If they won't pay, then yes, you need to file a small claims action if the damage is less than $10,000.

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Answered on 6/25/15, 3:35 pm
Len Tillem Tillem McNichol & Brown

Just to clarify - if the amount of your damages is more than $10,000 you can still file in Small Claims Court, but you can sue for only $10,000 max.

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Answered on 6/26/15, 10:06 am

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