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Who do I sue in small calims court? the claim adjuster, the insurance company or the person that hit my car?

Fair Oaks, CA |

On 12/31/11, I was rear ended by a car while I was waiting for a traffic light. While the damage to my car was insignificant, I had issue with my back and nick. I Went to my Chiropractor for treatment and $3500 later I was back to almost normal. I contacted the other party insurance company and asked them to pay for my medical expenses. They refused. I contacted an attorney and after 6 months, my attorney informed me that the other insurance company refused to settle and it was not worth it for him to take the case to court. The insurance company denied the settlement “questioning whether there was a mechanism of injury to result from such a minor impact”. My attorney, before dropping the case, offered to the insurance company to send me to their own doctor to evaluate my injury, but they

Attorney Answers 4


You sue the driver and owner of the car that hit you, if different people. You must file the small claims case before the second anniversary of the accident if you are including a bodily injury claim and before the third anniversary if you are only make a property damage claim. If you are making both claims, file them in one small claims case before the two year anniversary.

When you go to small claims, only you, the other driver, your body shop repairman and your treating doctors will be able to testify. Lawyers are not allowed and the other driver's insurance adjuster, unless she is a medical professional, witness to the accident, or the property repair estimator. If they try to testify ask the court to not allow it per Code of Civil Procedure 116.540. I have provided the link to this statute as well as a link to the Nolo Press Book, Everyone's Guide to Small Claims Court for you.

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You need to name the driver of the car and the registered owner (if it is a different person). You do not name the insurance company or the adjuster. There is a lot of good information about getting prepared to go to small claims court. For example, there is this link to the Los Angeles Superior Court website. Good luck.

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You must sue as defendants the driver & also the owner of the car that hit you. You need to make sure you have all your evidence to bring to the hearing. You should obtain a free consultation from a lawyer to make sure all your ducks are in a row. Call if you would like some help. Glenn 916/714-7672

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You would sue the driver and owner. Good luck.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755

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