Q: Can I sue small claims court if I was notinsured in California. Should I contact his insurance companies? Ineed a car.
The other driver signed the document taking full responsibility. The police contacted me. Should I call the other driver or his insurance company?
A: You can sue in Small Claims, Limited Jurisdiction or Superior Court, regardless of your insurance status. That only affects the types of damages you can recover. Without liability insurance, you can only recover economic damages (medical expenses (the full amount charged by the provider. not just your co-pay/deductible), property damage and wage loss). With liability insurance, you can also recover pain and suffering damages. You can recover up to $10k in Small Claims, so if your economic damages are below that threshold, go for it. Bring the documentation necessary to prove your claims. Sue the other driver and owner of the vehicle.
Gerald Barry Dorfman agrees with this answer
A:
SEE THE ANSWER BY WM LIGHT.......VERY THOROUGH.
MORE INFO NEEDED BUT YOU SHOULD TALK TO A LAWYER BEFORE YOU CALL INS CO. WHEN YOU TALK TO THEM A LAWYER WILL NEVER KNOW WHAT YOU SAID OR WHAT THEY THOUGHT THEY HEARD YOU SAY. WE TRY TO AVOID CASES WHERE THE CLIENT HAS GIVEN STATEMENTS TO THE INS CO.
CALL ME DALE GRIBOW 760 837 7500 IF YOU WOULD LIKE TO TALK.
HOW OLD IS THE CASE?
IF NOT INSURED ILN CALIF AND VALID AUTO INS YOU CAN SUE IN CALIF SUPERIOR COURT OR SMALL CLAIMS.
YOU SHOULD HAVE CALLED POLICE AT THE TIME OF THE ACCIDENT. THEY WILL PROBABLY REFUSE TO TAKE A REPORT NOW.
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