QUESTION
Can the lady I rear-ended collect money from me in small claims court if she had no auto insurance at the time?
Asked on Jul 28th, 2013 on Personal Injury - California
More details to this question:
I rear-ended her at 5 mph and she claimed everyone in the car suffered major injuries. My insurance denied their claim and now she is taking me to small claims court. She told my insurance that she didn't have auto insurance. I have photos [there are scratches on the bumpers]. My insurance already paid for property damage. She is claiming pain and suffering AND property damage.
2 ANSWERS
You insurance company will represent you as to all legal matter, except they can not have an attorney actually show up in Small Claims court, but they can explain what you should tell the court. If she has no insurance coverage then she can only collect for property damage [that matter is settled] and medical bill and lost wages, but not pain and suffering. Her passengers can sue for their pain and suffering. Your insurance company will probably just appeal any decision and ask for a new trial in Superior Court where they can appear on your behalf.
Answered on Jul 31st, 2013 at 2:34 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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In California, an injured driver is not entitled to recover damages for pain and suffering if s/he did not have liability insurance. You should notify your insurance company that the other driver is suing you in Small Claims Court.
Answered on Jul 30th, 2013 at 1:49 PM