Small Claims

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shellyjones

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A few months back I was involved in a small fender bender, in which I was at fault. Damage to the other persons car was $1500.00 which my insurance company paid for.

Yesterday I got served with a summons to appear in small claims court. Apparently the other driver was somewhat injured and sought medical/chiropractic care to the amount of $1800.00. The other driver hired an attorney to recoup the costs plus pain and suffering but my insurance company refused to pay it. So, now I am being hauled into small claims court.

I have a call into my insurance company but need to know some things..:

Am I being sued or is my insurane company being sued? In other words, if I lose then who pays the plaintiff--me or the insurance company?

Why would my insurance company pay for the damage to the other car but not pay for the injury claims? Especially since they don't really seem excessive and I WAS at fault for the accident?

What can I expect in court? Will a representative from my insurance company show up or am I on my own? The plaintiff is asking for $7500--what are the chances of them winning this? Is there any chance at all that the judge may rule in MY favor?

Thank you for any help. I have never dealt with anything like this and am worried that I will have to pay these people out of my pocket if I lose? Isn't this what insurance is for?
 
A few months back I was involved in a small fender bender, in which I was at fault. Damage to the other persons car was $1500.00 which my insurance company paid for.

Yesterday I got served with a summons to appear in small claims court. Apparently the other driver was somewhat injured and sought medical/chiropractic care to the amount of $1800.00. The other driver hired an attorney to recoup the costs plus pain and suffering but my insurance company refused to pay it. So, now I am being hauled into small claims court.

I have a call into my insurance company but need to know some things..:

Am I being sued or is my insurane company being sued? In other words, if I lose then who pays the plaintiff--me or the insurance company?

Why would my insurance company pay for the damage to the other car but not pay for the injury claims? Especially since they don't really seem excessive and I WAS at fault for the accident?

What can I expect in court? Will a representative from my insurance company show up or am I on my own? The plaintiff is asking for $7500--what are the chances of them winning this? Is there any chance at all that the judge may rule in MY favor?

Thank you for any help. I have never dealt with anything like this and am worried that I will have to pay these people out of my pocket if I lose? Isn't this what insurance is for?

Your insurance has chosen, usually for a good reason, not to pay for the quack chiropractic charges.

Your insurance carrier will usually provide you with legal assistance in instances such as this.

The "scammer", rather the "victim" has chosen to pick your pocket. Your insurance company isn't allowing it. You shouldn't either.

If your insurer doesn't get back with you before the court date, make sure you appear. Tell the judge your insurance company is getting you a lawyer. Therefore, you'd like a continuance. You'll usually get one.

But, make sure you let your insurance company know what this creep is trying to pull!!!

Whatever you do, don't miss any court dates. Otherwise, they'll get a default judgment against you. You don't want that hassle.
 
Well, I don't think it is very fair to call Chiropractic care quackery. I myself was involved in a very painful accident several years back and I benefitted greatly from the care I received at my chiropractor. I truly believe that without it I would have been in a world of trouble.

I don't know if you are the right person to answer the question, as you seem biased against chiropractic and I don't want to get my sights set on winning my case and then having the rug pulled from under. Plus you advised me to lie to the judge, I don't like that. I thought this was a site for legitimate, LEGAL advice. Not just telling me to lie to the judge if I don't hear from the insurance company. I will not stand in front of a judge and tell that judge that my insurance company is giving me a lawyer unless they tell me they are giving me one.

I know there is a good chance this accident victim is milking it, but I need the advice I get to be unbiased and most importantly legal. Thanks anyway.
 
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Nobody said anything about lying in court- simply inform the court that you are seeking legal representation from your insurance company and need more time.
However.... you said this is small claims, and in California lawyers are not allowed in small claims court... though you can still certainly consult with one outside of court to prepare.
 
Yes, small claims--so, no lawyers. I assume the insurance company can send a representative to preserve the rights of the insurance company, correct? I am still waiting on a call from my ins. company as they are assigning a new adjuster to the case.

Say worst case scenerio and the judge rules against me--who pays the judgement? Myself or my insurance company? Is the plaintiff suing ME or my insurance company? I'm sorry to be so confused but I am getting different answers from all sides. I am told that my insurance company has no stake in this anymore--but then have been told that if I lose then the insurance company will pay the claim. That is why we have insurance and it seems unfair that I am faced with this. I agree that the claim could be a scam but the fact is that I don't feel I should have to even deal with this! This is why I cover myself with insurance, to avoid extra out of pocket expenses.

I am very nervous about this whole thing which is why I got so upset about the chiropractic comment. I am just hoping for real and accurate advice as to what I can expect, worse case scenerio...Not what people think about chiropractic treatment. Unless the judge says in court that they think the treatment was unnecessary,(maybe they will?) then it does not matter. I just want to know what to expect--especially if I am left to hang by my wonderful :rolleyes: insurance company. I should not be having to deal with this..
 
If the judge rules against you then YOU pay... however if you believe your insurance company should pay, and they refuse, you could try and sue them for the same amount.

I think the chiropractor comment was about fraudulent injury claims, not about the usefulness of chiropractors. Lots of people get in little fender benders and suddenly have neck and back problems... just long enough to get a payout.
 
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Well, heard from the insurance company. Was told that if I lose the case that they, the insurance company, pays the judgement. They may or may not send a representative to court and I won't know that until the day of court--how frustrating!

It does not make any sense to me that the plaintiff is suing me, taking ME to court...but if I lose then the insurance company goes ahead and pays the ruling for me.

Was also told that some defendants go so far as to counter-sue. I don't know why I would do this as I know I was at fault, I hit the lady! That said, insurance is in place to cover against accidents like this one and I resent having to go through any of this!
 
It does make sense if you think about it... if a judge rules against you then that essentially means that the insurance company was wrong to not pay up in the first place.
 
If you are at fault and do not dispute that, then expect that the judge will order you to pay some damages. It may not be what the plaintiff is asking, but will be a reasonable amount for the evidence provided for the damages.
You would then have to turn to your insurance company to reimburse you for the amount you are ordered to pay. YOU will be responsible for paying any judgment to the plaintiff, not the insurance company. You will take things up with the insurance as a separate matter, but hopefully they will pay you in time that it will never actually come out of your pocket.
 
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