Okay, here is the deal. I got in an accident in june, my insurance raised my payments because i was, supposedly, at fault. According to my insurance they were paying medical expenses for the lady that hit me. Now i just got a letter saying that i am being sued by this lady for Medical expenses, car rental expenses, and pain and suffering. The claim is happening in a small claims court which says to decided up to $5,000 or less. She is suing me for $6,663. Do i really have to pay her the $6K+ or will it only be $5K? another thing, is there any way i can fight this to not have to pay for what she is supposedly suing me for (ex: car rental, medical expenses)? please help. THanks!
2006-08-23 05:37:09 · 9 answers · asked by MRS.S 2 in Politics & Government ➔ Law & Ethics
Firstly, if you are in California, the jurisdictional limit for small claims has recently been raised to $7,500. So, her demand is permissible.
However, as someone else here stated, this is an obligation of your insurance company. They are required to do two things under the insurance contract: (1) indemnify you for all judgment amounts up to the policy limits; and (2) provide you legal counsel.
Call your insurance company and tell them that you wish to speak with a lawyer at their expense. Although your lawyer won't be able to appear on your behalf in small claims court, s/he will be able to advise you throughout the whole process. if and when the other party obtains a judgment against you in small claims, submit it to your insurance company for payment.
Feel free to contact me through this service if you'd like some guidance.
2006-08-23 06:31:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
if the accident report says you are at fault, then there isn't much you can do about that all of this depends on the state you are in, and the law. i live in a no fault state. so as long as you are insured, does not matter if you were at fault...your insurance company pays for YOUR damages. if by chance you are in a no fault state, then her claim is bologna. she didn't cover her own bases, now she is coming after you. but if you are not in a no fault state....then that's different :) you are going to have to look up the law and find out what she is entitled to (sorry). and you also have to contact your insurance company to see what they cover. they should cover something!
if you had no insurance, or cheap insurance...then...um. u are up a poopy creek w/o a paddle or a life jacket :-/ but you need to know the law of your state and what she is entitled to, if anything at all. try www.findlaw.com. it has law summaries by state. this is a common issue, so you should find something on there to help you out.
also, in small claims court, you can't have a lawyer. so getting an attorney isn't helping. the judge has no jurisdiction to give her anymore that the maximum amount. 5k. the case would have to removed from small claims, and onto a general civil docket, if she wants to receive more than 5k. she probably did not want to hire and attorney, and simply is opting for small claims. if you really want to get her, since she is asking for more than 5k, you can hire an attorney (or not) and have it removed from small claims. that will piss her off. lol. because it draws out the case longer, and will be more formalized. but the drawback is that if you are in fact responsible by law, then you will be paying 6 something, instead of 5! so just do your research before you make a move.
good luck!
2006-08-23 13:04:32 · answer #2 · answered by sexy law chick 5 · 0⤊ 0⤋
I think your insurance company should pay for all that stuff. That is why you purchase insurance is so you won't have to pay if you get sued.
2006-08-23 12:44:42 · answer #3 · answered by hello 6 · 0⤊ 0⤋
Contact your insurance company. Ask them if they can provide documents for you showing she was paid by them.
2006-08-23 12:45:09 · answer #4 · answered by AzOasis8 6 · 0⤊ 0⤋
I'm actually being serious here: Go on Judge Judy. She'll sort it out.
2006-08-23 12:43:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
GET A LAWYER IF THE COURT SAID YOU HAVE 2 PAY THEN YOU DO!IF YOU DONT YOU GO TO JAIL; IF YOU DONT HAVE THE CASH AND CAN PROVE IT THEN TELL THE JUDGE UR CASE!MAYBE YOU COULD DO COMMUNITY SERVICE
2006-08-23 12:43:57 · answer #6 · answered by Anonymous · 0⤊ 1⤋
She can only get up to $5,000.. That is the limit. She can try to sue you for more but she will not get it.
2006-08-23 12:42:45 · answer #7 · answered by Demon Doll 6 · 0⤊ 0⤋
She hit you. I wouldn't give her a dime. She's lucky you didn't go after her.
2006-08-23 12:44:32 · answer #8 · answered by Tortured Soul 5 · 0⤊ 0⤋
talk to a lawyer
2006-08-23 12:43:17 · answer #9 · answered by dreamingtyger 3 · 0⤊ 0⤋