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I got in car accident and want some advice.

Daly City, CA |

I got in car accident, unfortunately I only have liability.. The other party insurance claiming I was at fault which clearly i wasn't and no accepting liability.. police report was made., the officer stated the other party at fault also the other party stated in the report he saw me 2 houses down he wasn't sure what i was doing, so he continue driving and but did NOT yield to me. with that being said

My insurance company denied there claim, but I also want to arbitration and my insurance said no we can't. is that true. Also can i take him to small claims? thank you

His insurance company claiming his car is a total lost., which its untrue because i do have pictures of his car. as far as my car, my entire rear bumper came out as well as all side/passenger airbags which due to him speeding on a residential street. Also would the police report help in small claims?

Attorney Answers 9


  1. Best answer

    No arbitration unless you and other driver/ins co enter into an agreement to arb. best bet is to sue in small claims for property damage, up to 10k. You still need to prove the liability of the other driver, and your damages.


  2. You cannot take the other party to arbitration unless he agrees to it. You can sue him in small claims court. If he loses, his insurance company will be required to pay for repairs to your car.


  3. If it's property damage only and the car is not worth a ton of money, I would suggest filing a small claims action to recover for the damages to your car.


  4. If you were injured, you should retain an attorney to advocate for your position regarding the liability of the other driver. If it is just a property damage claim then, yes, you can file a small claims action and receive up to the jurisdictional limit of $7,500.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


  5. Best bet likely would be small claims court.........


  6. If you were injured, consider consulting an attorney, its fairly common for the other insurance company to say it was your fault, sometimes its legitimate, and sometimes its purely a scare tactic, talk to a local attorney about the accident and see if he or she thinks the mva was your fault. For instance, recently, I had a client who was rear ended at a traffic light - despite this, they told him it was his fault and refused to honor his property damage or injury claims until he hired me. It's a typical trick sneaky insurance adjusters love to pull.


  7. Arbitration is out. Small claims court is an option that would not require an attorney but your recovery is limited.


  8. If you were hurt you should contact an attorney in your state. If not, consider small claims court. Many property damage claims go to small claims court as an attorney many times is not needed. Make sure your insurance company fills out the proper required papers for your state to protect your license. In Indiana it is an SR21. Good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  9. As some of the other car accident attorneys have explained, you may want to consult with an experienced motor vehicle accident lawyer if you were injured in the accident. Otherwise, small claims court may be a viable option. Best of luck.

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