Asked 4 months ago - Canoga Park, CA
FlagI 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?
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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.
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!
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.
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.
