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Driver suing me in small claims court regardless the fact I had an insurance when accident has happened.

Van Nuys, CA |

The accident has happened about 8 months ago, I was changing the lane when taxi behind me has accelerated and hit me. My insurance considered the case as my fault. We exchanged an insurance info with driver, nobody was injured, there were no passengers in taxi. Couple months later I got call from auto insurance, they think driver had filed fraud claims, their agent met me and I provided very detailed description about what has happened. Also they told that driver claiming body injuries and saying he had passengers in taxi. Recently I got a notice to show up in Small Claims Court from taxi driver, he is suing me for $7,5K. Is not it car insurance responsibility to deal with all such claims? If my insurance decided not to pay him, because he is making false claims, why should I?

Attorney Answers 8


  1. Best answer

    You insurance carrier will assist you - many send a representative to assist you in small claims court. If any judgement against you then your insurance company will have to pay. BE SURE to notify them immediately of the small claims notice you received. Goo Luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  2. You should tender the defense to your insurance carrier by providing a copy of the Plaintiff's Claim to your insurance carrier. If there is coverage, the insurance company will send a claims representative to accompany you at the small claims court trial.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  3. You need to turn this over to your auto insurance company ASAP, they will represent you.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. Yes, it is your insurance company's responsibility to defend you in Small Claims Court. Contact them immediately so that they can obtain a defense attorney to represent you.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.


  5. As there are no witnesses, he will be a he said-she said. A common occurrence in Small Claims. your best bet, as my colleagues had suggested, is to notify the insurance company. They have an obligation to pay if you are found at fault.

    They MAY accompany you to the trial. They can even appeal and/or hire a lawyer for you for that appeal.

    The fact that you are being sied for $7500 makes me think that the driver has been to Small Claims before as this used to be the maximum that you could sue for (and many still believes is). However, depending on who the PROPER plaintiff is, it could be only $5000. The law was ALSO changed to limit Small Claims to $7500 if an auto accident with injuries.

    As there is no way to get his evidence before trial, see if your insurance company can do it for you. He will need to prove his medical injuries. So your insurance company can try to get receipts, etc. before hand.

    If you need to, get a continuance to give you more time to get your insurance company involved!!!

    If you have further questions, contact a lawyer that knows about Small Claims. Try: www.smallclaimsappeals.com

    Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.


  6. Your insurance and the other driver could not reach a resolution so the other driver had no choice but to file suit against you. Advise your insurance adjuster and they should help you prepare for the hearing which you must attend. any award against you will be handled by your insurance.


  7. Your insurance carrier will investigate and evaluate the claim. If the other driver is not happy with the amount offered then he has a right to file suit against you. In small claims lawyers are not prohibited unless there is an appeal. You should send your insurance carrier a copy of the summons and complaint and then they may send a representative with you to court. If the judge finds for the other driver then barring any issue with your policy your carrier should pay the award.