Q: Is it reasonable/fair to sue someone in small claims for the individual not allowing you to file a car insurance claim?
Hail damage happened to my car a year ago, my mother passed away a couple months prior so I never got around to filing the claim. After she passed family drama occured with my step-father and now we are no longer on speaking terms. I tried to file a claim to get $7k worth of damage fixed through my insurance policy I was on with step-father & mother. He canceled the claim because he is the policy holder. I paid monthly to him for almost 3 years.
A:
Under California law, suing someone in small claims court for not allowing you to file a car insurance claim is a complex issue. The primary policyholder typically has control over the policy, including the decision to file or cancel claims. Your stepfather, as the policyholder, has the authority to make these decisions, which complicates your ability to take legal action against him solely for canceling the claim.
However, since you paid monthly premiums to him for almost three years, you may have grounds to pursue a claim for the money you paid if you believe he did not use it appropriately or if there was an understanding that you would be able to file claims under the policy. This claim would be based on the agreement and the payments you made, rather than the cancellation of the claim itself.
In small claims court, you could argue that you are entitled to a refund or compensation based on the financial arrangement you had with your stepfather. It would be helpful to gather evidence of your payments and any communications that outline the terms of your agreement. This approach may offer a more straightforward path to resolution within the small claims court framework.
A: You'd need to check with the small claims court if something of this nature would be heard. Most small claims cases are straightforward and not too complex, such as basic debt collections or breach of contract matters. If the basis of your case would be interference with the claims process, it would be advisable to find out if a case based on that theory would be acceptable. Good luck
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