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Who do I file the small claims law suit against? Auto-HOA related. My insurance does not cover me (no liability).

Chula Vista, CA |

My car was damaged by a malfunctioning garage door that is maintained by my home owners' association (HOA). I filed a claim against the HOA's policy. The insurance agent said I was at fault and filed a claim against my insurance. The claim was investigated, and, based on the evidence, it was found that I could not have been at fault. I again tried to file a claim. Finally the agent filed a claim, but it was against the wrong policy. After almost a month, I was finally successful at getting a claim filed against the correct policy. Now the adjuster will not return any of my or my insurance company's phone calls (10 in all). State Farm is a big company, so I have no idea where this adjuster is. I do have the agent's name and address. Is that who I take to small claims?

Attorney Answers 8


  1. Your lawsuit is against the HOA; and potentially any company that is responsible for managing the property. If there was recent maintenance on the garage door, you would also name the company that performed repairs and/or maintenance on the garage door. Best of luck!

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  2. You should include the HOA and any other company/person that handles the maintenance of the gate as defendants in the small claims action. Good luck.

    This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.


  3. HOA

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  4. I answered a question like this only a week ago.

    You should sue the HOA. Do not worry about insurance companies., they will get involved if you win. Do not worry about agents, as they are protected by the companies they work for.

    IF you have further questions, be sure to speak with a alwyer 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.


  5. Sue the HOA in small claims court. Get an estimate of the damages and carry three copies of the investigation report that states you were not at fault. Also you can testify in court just like in Judge Judy. 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. go ahead with the small claims court action, you can sue for up to $10,000.

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