California, MD asked in Car Accidents and Personal Injury for California

Q: My car was totaled in an accident and the other driver was deemed at fault and arrested for DUI.

Two months post-accident, I have filed a small claims case against the driver and the insurance company. In the past 24hrs, the insurance company has contacted me and said they will not offer assistance until I drop the small claims court case. Should I drop the court case and utilize their assistance or proceed with the case in an effort for full restitution?

4 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Whether you should drop the Small Claims case has more to do with what you are trying to recover in Small Claims, what your evidence is, whether you are leaving out important damages that you could recover, than with whatever the other party's insurer is telling you. If you get a judgment against the other party, the insurer is obligated to pay it, unless the policy terms exclude the claim. The question is whether you will be asking for, and proving, everything that you can.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: though more info is needed......were you injured? how much was PD? how much are you suing for? the full $10k etc

i would strongly suggest you contact a local PI lawyer for assistance.

Mark George Cunningham
Mark George Cunningham
Answered
  • Personal Injury Lawyer
  • Thousand Oaks, CA
  • Licensed in California

A: How injured were you? I recommend you consult with a personal injury lawyer with trial experience in motor vehicle accidents. As you research and talk to lawyers, you should ask them if they specialize in car accident cases and also about their trial experience. As a former insurance company lawyer, I have seen first-hand how insurance companies evaluate cases. The objective of the insurance company is to minimize the value of your case. A seasoned lawyer can provide the advice you need.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: The answers you have gotten so far are very good advice for you to follow. You should contact a personal injury lawyer to discuss all the possible options. If you weren't hurt badly then Small Claims Court might be a good option but even with that you have do things in a proper way to maximize your claim. Don't listen to the insurance company since they do NOT have your best interests in mind. You should not have sued the insurance company but instead it should be the driver of the car (or potentially the owner) that caused the accident.

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