Can I sue LA DWP in small claims cour

Asked over 1 year ago - Canoga Park, CA

I got into a car accident with LA DWP truck last year. Police report said it was their fault. Did everything I was supposed to do, filed a claim notice, then a demand, LA DWP never responded. I want to file a lawsuit, but don't want to go to regular court because my injuries are just not worth it. Can I sue them in small claims court?

Attorney answers (6)

  1. Christine C McCall

    Pro

    Contributor Level 20

    19

    Lawyers agree

    Answered . You can sue DWP if you complied with the claims statute and if you are still within the time limit. It is not necessary to first give DWP a detailed accounting of the elements of your demand, nor to make any efforts to try and negotiate with the agency. Just go ahead and file your case and show up to court. DWP may contact you in advance of the trial date with an offer, or may not. They may try again -- or instead -- on the date of the court hearing. You don't need to chase them on this -- and shouldn't. They will reach out if they are willing to settle, and if they don't, they aren't. They are too big and too rich to be really invested one way or the other.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Constantine D. Buzunis

    Contributor Level 17

    17

    Lawyers agree

    Answered . If they have denied your claim and your damages are within the small claims amount then file your case to make sure you don't run out of time as you only have 6 months from the date the claim was rejected to file the lawsuit or it is forever barred! If you have sufficient time remaining, then submit a written demand with your proof of property damage, medical bills, lost wages, milage costs to and from body shop and medical appointments and proof from doctor of any claim for future medical expenses and lost earnings and loss of earning capacity, these must be proven with reasonable certainty and cannot be speculative!

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  3. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . If your injuries were less than 10k, you should have settled it with the City directly. Since they did not respond, send them a letter telling them that you want the $10k within 10 days, if no response. Fiule the claim in small claims court. You will need to attach your Claim Notice with it and submit all your loss wages, medical costs and out of pocket expenses. Then, you must have someone else serve the City. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  4. Timothy Leo Bowden

    Contributor Level 14

    15

    Lawyers agree

    Answered . A local injury attorney can answer you

    Tim

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Yes, file it.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Natan Davoodi

    Contributor Level 8

    7

    Lawyers agree

    Answered . You should not down-play the importance of your claim because you think your "injuries" are not worth it. Do your diligence and take the necessary steps to protect your claim. If you have a valid claim, which it sounds you do from the facts you asserted, it would be wise to hire a competent attorney to represent you. Good Luck.

    This answer should not be used as a final ruling on your case as more facts are needed to fully understand and... more

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