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Is it ok not to attend small claims court date if Insurance company tells me that other party has accepted the offer...

Fremont, CA |

I had hit a car long ago. The opposite party made medical claims which were initially declined by insurance. Insurance party then offered them 7500 for medical and asked to dismiss the case
I have court date tomorrow and got a call from mobile attorney of insurance that the other party agreed. Insurance still needs to send a a check to them. They are not sending me any paperwork but confidently telling me that I don't need to attend court tomorrow.
Court trip would take almost 3 hrs... Pls guide is it ok not to attend if insurance says

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Attorney answers 6


If its not in writing that your off the hook I would attend. Unfortunately I must give this advice but the danger of not showing if things go ahead may be too great. Call your attorney in the morning or contact the Court yourself if you have time.


I agree, you need to attend, unless there is a written agreement.


I agree with my colleagues. You can't trust "a call from mobile attorney of insurance" without them giving you something in writing. If you end up not showing up, and your appearance was necessary, telling the court that someone told you, over the phone, that you didn't need to show-up isn't going to fly.


Attending would be best, but since insurance company said don't attend, fax a letter in the morning advising that your received a call and were told the case was settled. Ask for an adjournment.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


In my experience , if you are schedule to go to court, it would be best for you to show up.. Once there, inform the court you received a call informing you that the case was settled. Ask the Judge to pospone the hearing for three months into the future to allow for compliance. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales 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 y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y 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.


Get it in writing from your carrier or the attorney that case settled. Otherwise, notify the court in writing if possible that the case settled and you are not planning on appearing. The problem there is that you may not be able to get through to the courthouse and proper department over the phone. Good luck.

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