QUESTION

Must the insurance company settle payment if I win in a small court claim for a car accident ?

Asked on May 08th, 2020 on Automobile Accidents - California
More details to this question:
I was involved in a car accident and with my video recording my own insurance company GEICO concluded that I was not at fault. However, the other driver insurance company WATFORD insurance flat out denied responsibility. If I proceeds with small court claim and win, must Watford insurance settle my demand rewarded by the judge ? The reason I ask is because I think the insurance company ultimately has the responsibly to pay or to cover. And I am afraid it is hard to do collection on the driver directly.
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1 ANSWER

Personal Injury Attorney serving Woodland Hills, CA
Partner at G. Aldrich Law
1 Award
Good morning,    Your question involves liability. If you go to small claims court and win your case you the insurance company will more likely than not pay the judgment. Keep in mind that you are NOT suing the insurance company. You are suing the driver of the vehicle that struck you. Further, it is a small claims TRIAL. You will be presenting your evidence, and the other driver will be doing the same with the judge as the finder of facts between the two of you. If the judge finds for you, typically the other drivers insurance company will cover the losses for their driver.    More notes to keep in mind, if you go to small claims court, no attorneys can be present during the trial. But, the insurance company will usually send an adjuster to the trial, and will have an attorney prepare the driver for the trial. Depending on the damages, you may want to look into consulting with an attorney to determine if your damages are more extensive than the limits placed in smaill claims, and to discuss options and strategies to use if you decide to proceed in smalll claims. 
Answered on May 11th, 2020 at 8:16 AM

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