Small Claims Filing Question

[lydc]

I was involved in an accident Nov 2003. I was driving down the road when a woman pulled out of a parking lot and struck my vehicle. My car had been towed to a shop and was sitting there for approximately 3 months before I decided to remove it from the facility due to the fact that the woman's insurance company was giving me the run around and I didn't want to accumulate more charges in storage fees since nothing was being fixed (issues with the amount being offerred by the insurance company and they're refusal to pay out for the internal damage caused to the transmission as a result of the accident). I'm taking this woman to court to pay for the damages + storage fees, however, it was recommended by a friend that I include the insurance company as well. The papers have already been filed and the court date has been set (it's in a month). I want to know if it makes sense to include the insurance company or stick with my original claim against her only.

 

[Michael Wechsler]

Originally posted by lydc
I was involved in an accident Nov 2003. I was driving down the road when a woman pulled out of a parking lot and struck my vehicle. My car had been towed to a shop and was sitting there for approximately 3 months before I decided to remove it from the facility due to the fact that the woman's insurance company was giving me the run around and I didn't want to accumulate more charges in storage fees since nothing was being fixed (issues with the amount being offerred by the insurance company and they're refusal to pay out for the internal damage caused to the transmission as a result of the accident). I'm taking this woman to court to pay for the damages + storage fees, however, it was recommended by a friend that I include the insurance company as well. The papers have already been filed and the court date has been set (it's in a month). I want to know if it makes sense to include the insurance company or stick with my original claim against her only.

I don't know if it makes a difference since the insurance company will be required to pay for her responsibility for the accident. In addition, unless the insurance company is in the defendant's county or jurisdiction, you wouldn't be able to add the company in Small Claims Court. You can only sue defendants located within the county of the Small Claims Court in which you have filed.