Torrance, CA asked in Car Accidents for California

Q: Can I sue for damages or just my cars worth in small claims court?

The man involed in the accident is at fault and refuses to come to a reasonable agreement. He was uninsured and unregistered at the time of accident. Is it within my rights to sue him for my damages or can I just sue for my cars worth? The damages easily go into the 4000 range. My cars worth is 2200. I also only have liability and my insurance refuses to do anything.

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2 Lawyer Answers
Manuel Alzamora Juarez
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Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: i WONDER IF YOU HAVE UNINSURED/UNDERINSURED COVERAGE. PLEASE CALL YOUR INSURANCE BROKER AND ASK HIM THAT QUESTION. IF YOU DO, THEN YOU CAN SUE YOUR INSURANCE COMPANY AND YOU CAN SUE UP TO THE LIMITS OF YOUR POLICY COVERAGE.

IF YOU DO NOT HAVE U/I COVERAGE, THEN, ASSUMING YOU ARE IN CALIFORNIA, YOU CAN STILL SUE THE DEFENDANT IN SMALL CLAIMS COURT FOR YOUR TOTAL DAMAGES NOT TO EXCEED $10,000.00. YOU CAN DO IT YOURSELF. YOU DO NOT NEED A LAWYER IN SMALL CLAIMS COURT. BEST OF LUCK.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Call Mr. Juarez--I believe he gives free consults and has significant experience.Do not try to do this yourself but the short answer is yes. However if you sue for one and not the other it may be a problem. Also, you can write the other driver/owner a very short note saying it looks like they have no insurance. If that is the case you will have to notify DMV. This means they can be suspended. DO NOT SAY ANYTHING ELSE. No threats, no adjectives, no nuttin' !

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