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Can I sue LA DWP in small claims cour

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

Posted

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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Robert Max Klein

Robert Max Klein

Posted

There is a $7,500 cap for personal injury claims in Small Claims (the power of the insurance industry at work).

Posted

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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Richard Andrew Harting

Richard Andrew Harting

Posted

If DWP did not respond to your certified mail claim form then you are under the regular PI statute of 2years. However, you need to verify they have not denied your case.

Posted

A local injury attorney can answer you

Tim

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Posted

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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

Yes, file it.

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Posted

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 expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.

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