QUESTION
Can I take file in small claims for the car damaged and he refuses to pay?
Asked on Sep 23rd, 2012 on Personal Injury - California
More details to this question:
My car was damaged ($1000) by a laywer who refuses to pay, his door was left opened into my car. I have photos only after. I discovered his insurance company, they say he has to agree to the claim I am making before they will pay me. What should I do next? I am thinking small claims.
14 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, small claims may be your best and most efficient bet.
Answered on Nov 05th, 2012 at 9:42 PM
Ronald A. Steinberg
If you can prove that it was him that caused the damage, then you can go to his company. You can sue, and you can also report him to the attorney grievance commission. But if you cannot prove that it was him, then you are going to lose. As an attorney, I am embarrassed that one of my fellow attorneys would be such a jackass. But, again, you have the burden of proving that it was him.
Answered on Sep 27th, 2012 at 11:34 PM
You can definitely take this claim to small claims court. The insurance company could try to remove it to District Court, however. I think it is worth a try.
Answered on Sep 27th, 2012 at 1:28 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can take him to small claims. There is also a simple arbitration procedure in most counties for property damage claims. You can contact you County Clerk of Court to inquire about the procedure. Also, discuss with your insurer the consequences of filing it on your own insurance. Your deductible might be cheaper than hiring an attorney if you end up needing one. You should not need an attorney for the arbitration procedure.
Answered on Sep 27th, 2012 at 1:12 AM
Dennis P. Mikko
In Michigan, property damage claims are limited to $500 under the mini-tort statute. Beyond that, each owner is responsible to insure his/her own vehicle and would look to their insurance company to pay such a claim.
Answered on Sep 27th, 2012 at 1:09 AM
You need to file a claim with his insurance company. If they decline to pay you anything, you need to file in small claims court. In California, you have two years from the date of the incident, to file the case in court.
Answered on Sep 26th, 2012 at 11:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It appears that you are headed in the right direction, take him to small claims but I think you are in for a fight. It sounds as if there is a disagreement as to who was at fault.
Answered on Sep 24th, 2012 at 5:16 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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For $1,000, small claims is the way to go.
Answered on Sep 24th, 2012 at 5:16 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Take photos and witnesses and go to small claims court.
Answered on Sep 24th, 2012 at 5:16 PM
Thomas Edward Gates
You can take him to small claims since the damage request is below the maximum monetary amount permitted.
Answered on Sep 24th, 2012 at 5:15 PM
Business Attorney serving Riverside, CA
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Berger and Raphael, LLP
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Yes, small claims is where you need to file for a claim such as this.
Answered on Sep 24th, 2012 at 5:15 PM
Alternative Dispute Resolution Attorney serving Austin, TX
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Law Offices of Steven D. Urban
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You can file in small claims court if you wish.
Answered on Sep 24th, 2012 at 5:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you cant prove who did the damage. Am I right? you are presuming too much. If you can prove small claim the matter. If you cant forget it.
Answered on Sep 24th, 2012 at 5:15 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Yes. Small Claims Court is the way to go.
Answered on Sep 24th, 2012 at 5:14 PM