Skip to main content

What should i do? Should I take it to small claims court? or get an attorney?

Orange, CA |

I was in an accident about a month ago. the guy ran a red light so that day i called his insurance started a claim it looked good then i get a call saying that he called my insurance saying it was my fault. so i called his insurance and gave them a statement of the accident 3 days later they call me back saying our stories did not match and they were no witnesses and no police report. they said it was my fault for failure to the right of way because i didnt see them and that they have broken and tried to avoid the accident. and that its my fault for a failure for a proper look out.

Attorney Answers 8


  1. In Pennsylvania your own insurance company if you have collision coverage would pay for your car even if the other side is at fault and then the two insurance companies work out who will pay the other either because they amicably agree or through what is known as intra company arbitration.
    It appears that is not how it works in your state.
    Depending on the amount of damage this is a case you may be handle yourself--if for no other reason that the attorney's fee in comparison to the value of the claim may make hiring counsel cost prohibitive. I would suggest you speak with a local attorney to learn what the law in your state says in this circumstance. If you do handle the claim on your own be sure to bring estimates as to how much it will cost to fix your car or how much you did spend.


  2. You're almost always better off retaining an attorney. As soon as you do, your chances of recovery immediately go up. Additionally, you can look to your own insurance company to cover you for the damage. Did you sustain any bodily injury? If you did, all the more reason to retain an attorney. If you would like, I would be happy to discuss the details of your case free of charge.


  3. Have a local car accident lawyer investigate instead of going directly to small claims.


  4. If you have insurance let them handle the investigation & the claim - if not consult a local property damage attorney - many offer free initial consultations

    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.


  5. You need an accident Attorney..Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, 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, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, 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.


  6. In CA Small Claims, your damages are limited to $7500. IF you want to go, you can. MOST CA Small Claims actions are a he said-she said scenario. The fact that there is no police report and no witnesses is not unusual. What your case will rest on is what the damages to the car are, where the damage occurred, and MOST IMPORTANTLY who the judge believes more.

    It is in your best interest to contact an auto accident attorney before filing in Small Claims. Further if you do file, I would expect the other side to sue you back. Attorney's are not allowed in Small Claims, but the losing side is allowed to appeal and have an attorney represent them on the appeal.

    If you have further questions about SMALL CLAIMS, contact a lawyer that knows 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@AdamJayJaffe.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.


  7. Small claims courts are for small claims... I consider small claims to mean only some minor vehicle damage when it comes to a car crash... if someone got hurt in the accident, then I would have to say, it ain't a small claim. If someone is injured, that someone should contact a personal injury attorney as soon as possible.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    4160 Temescal Canyon Road, Suite 306
    Corona, CA 92883
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics