QUESTION
Can attorneys be used in small case claims?
Asked on May 16th, 2013 on Personal Injury - California
More details to this question:
A little over a year, my next door neighbor ran into my home and totaled my car. We both are insured by the same insurance company, which found her at fault. As per state law, the insurance company, paid the value of my car and rental reimbursement for 30 days. Recently, I filed a small claims suit against my next door neighbor for my out of pocket expenses (balance of car loan, remaining rental reimbursement for additional 60 days). The insurance company is now defending her, and plans to show in court. My question is, why is the insurance company involved at all, at this point? And why would an attorney be used in small claims court?
7 ANSWERS
Ronald A. Steinberg
Usually not. However, a lawyer will remove the case to the general civil docket.
Answered on May 17th, 2013 at 1:57 PM
An attorney can help a litigant in small claims court but can not appear for them in SCC. So they could give advice and do everything except show up in court. But you are not entitled to collect anything above the fair market value of the damaged car or the cost of repair, which ever is less, plus the cost of a rental vehicle for a reasonable period of time. There is no state law limiting the rental period to 30 days, although that is about the time period courts consider to be reasonable; if you can show that more than thirty days was reasonable then your insurance company should be paying you for the additional period of time.
Answered on May 17th, 2013 at 11:02 AM
Lisa Hurtado McDonnell
They are obligated to defend her because they are her insurance company.
Answered on May 17th, 2013 at 11:02 AM
Personal Injury Attorney serving Midvale, UT
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Because when anyone has insurance the insurance company is contractually obligated to provide an attorney. It is smart to have an attorney at such proceedings. You should too or at the very least have consulted with one before you go to the hearing to make sure that there are no complex issues and liability and damages are clear.
Answered on May 17th, 2013 at 11:01 AM
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The company is obligated by contract to defend the lady which is what they are doing. You don't get anything for the "balance due" on your car. You get paid for the diminished value of the car. No more.
Answered on May 17th, 2013 at 11:00 AM
James Eugene Hasser
The insurance company has an obligation to defend you in civil court if you are sued, regardless of whether it is Small Claims or not. I don't know what state you are in, but if you were in Alabama, I would caution you that the law of damages only obligates one to have to pay no more than the value of the car, regardless of whether you were upside down. The cost of rental is only for a reasonable time. It sounds like your state may have defined a reasonable time to mean 30 days. You may want to check on those two items with a lawyer familiar with accident law.
Answered on May 17th, 2013 at 10:58 AM
Monica Cecilia Castillo-Barraza
An attorney cannot appear on behalf of a litigant in small claims, but are often used "behind the scenes" to advise, etc. It is not uncommon for the insurance claims rep to appear in court on behalf of their insured.
Answered on May 17th, 2013 at 10:58 AM