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Can i do a small claims if I'm just not satisfied ?

Los Angeles, CA |

i was in a car accident last month . the driver hit me from behind at a stop light . the damage was big . . just minor dents and paints chipped off . when we pulled over to exchange informations , he didn't have his fl on him . and he also had an expired car insurance of his moms . i let him go from the scene cause he said he had to take a test in class . but after he left i called the police to get a report . the police ran his informations he gave me all that which didn't seem to match his identification . afterwards when i tested him politely i called the police , the guy was very rude saying " you cant get money from me , i already called my insurance " . later during the day his family called me asking what had happened . turns out he didn't have insurance and had lied .

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Attorney answers 5

Posted

Wy don't you consult a lawyer? You may have to use your own coverage if he is uninsured. That will be better than trying to get money out of this guy in small claims court. However, if you have no um or collision on your policy that may be your only hope. But I would see a lawyer and get personalized advice.

Asker

Posted

well after waiting a month from his insurance cause they were avoiding me for the longest time. they declared to claim him at the end. but after the accident ive began to have back pains. but i didnt want to pay deductable due to financial struggles so i waited. but his insurance is claiming that with my damage estimate.. they probably arent going to give me anything. i dont know but i just feel stressed and unsatisfied . and was just wondering if i can do small claims. cause all this waiting for nothing do me no good. if there is any advice id appreciate it.

David B Pittman

David B Pittman

Posted

You would better off getting a lawyer and letting them handle tis for you so you can stop worrying about having to deal with this.

Asker

Posted

okay. thank you very much for taking your time.

David B Pittman

David B Pittman

Posted

Good luck.

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have suffered damages to your person or your property, and you have not given release to the defendant, you may sue. However, if your only problem with this person is that he was lying about his insurance coverage, that alone would not a reason to sue. I highly recommend you consult your own attorney to protect your legal rights.

Robin Mashal

Robin Mashal

Posted

Avvo.com allows you to select a "best answer" for your question. After reviewing all answers, if you feel my answer was the best, please give me that vote.

Posted

Talk with local counsel. Small claims may be your best avenue to recovery.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

Your insurance company can resolve this.

Posted

Contact your insurance for your property claim. If you were injured and have uninsured motorist coverage get an attorney. Otherwise, yes, you can proceed to small claims against both the driver and the owner of the vehicle. I f you get a judgment, it can be filed with the DMV and the defendant(s) will not be able to renew their license until the judgment is satisfied.

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