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Hello,
need some input boys....

1.5 years ago...in an underground parking lot i pull out and around a corner and this lady smacks into my car. I am in a chevy tahoe , she in a mercedes 320.... her car is totaled.
(She had to be going 35mph and I have merely a bent fender... )

Long story short, I turn the whole thing over to my insurance; they take the usual statment and good care of my car. Two weeks later I get my car back and I am on my way..

So, forward to today.. I get served. I am to appear in small claims court for $8500.00 I assume for est value of that mercedes..

what do i do now... ???

R32
 

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It's the responsibility of your insurance company to represent you in court and it's covered by your policy. Call 'em.
 

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It's the responsibility of your insurance company to represent you in court and it's covered by your policy. Call 'em.
Winner Winner Chicken Dinner.

Although. Make sure you show up to Small Claims and get an extension as if you don't show up, it will most likely be found in her favor and a judgment against you. Get you insurance company on this ASAP.
 

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Last I checked small claims is $5K
 

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The CA small claims limit is usually $7500. The jursdiction you are in may have a special higher limit.

Your insuance company cannot represent you in small claims court unless the plaintiff named the insurance company as a defendant. Theplaintiff should not have done that. You are the defendant, not the insurance company. If the the plaintiff did name the insurance company as a defendant, the judge will probably dismiss the case with leave to amend.

The insurance company can provide you assistance and copies of investigative matierial they have to support you in your defense. Ask your adjuster to prepare you to present your case and to sit with you in the audience. You need to make arguments based upon tort negligence to support your case. Arguments you could make based on the limited info you provided are unsafe speed, inattention, failure to yield the right of way.

If the judge rules in the plaintiffs favor, your insurance company will pay the judgement, or they could appeal to superior court for a re-trial.

Good Luck.
 

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The CA small claims limit is usually $7500. The jursdiction you are in may have a special higher limit.

Your insuance company cannot represent you in small claims court unless the plaintiff named the insurance company as a defendant. Theplaintiff should not have done that. You are the defendant, not the insurance company. If the the plaintiff did name the insurance company as a defendant, the judge will probably dismiss the case with leave to amend.

The insurance company can provide you assistance and copies of investigative matierial they have to support you in your defense. Ask your adjuster to prepare you to present your case and to sit with you in the audience. You need to make arguments based upon tort negligence to support your case. Arguments you could make based on the limited info you provided are unsafe speed, inattention, failure to yield the right of way.

If the judge rules in the plaintiffs favor, your insurance company will pay the judgement, or they could appeal to superior court for a re-trial.

Good Luck.
Holy crap...the best information Ive seen in years...and only 2 posts!!:D
 
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