My car was rear-ended (in CA). I had $600 out-of-pocket expenses for auto repair and $200 in medical expenses. The other party's insurance company admitted 100% fault but offered only $500 for property damage and nothing for medical expenses. They claim that accident was to minor to warrant medical reimbursement. Could I successfully sue other driver in Small Claims court? I feel that I have a pretty strong case - receipts, Dr. prescriptions, etc. Should I accept the ins. check and sue for the difference? Or send the check back and sue for the whole amount?
2007-03-17 13:08:01 · 5 answers · asked by vadik_ca408 1 in Cars & Transportation ➔ Insurance & Registration
they owe you for your vehicle repairs once you submit an estimate and the photos to them....they may reduce the estimate based upon labor rates, OEM vs. remanufactured/LKQ parts, pricing, pull times, etc.....
The medical....good luck. It's called a MIST claim (minor impact soft tissue) and you're going to have a very hard time proving to a judge or jury you were injured in a low speed impact accident. There is very strong scientific evidence supporting this and the courts are aware of it. I've never seen a judge in CA award medical on a MIST claim.
2007-03-17 17:59:17 · answer #1 · answered by bundysmom 6 · 1⤊ 0⤋
First, your medical bills and other expenses for medical treatment should be submitted to your insurance company for payment. In addition, a lot of insurance companies are taking a very hard line on minor impact cases. If the damages are minimal (a significant impact is going to cause at least $1,000 in damage) they will probably refuse to pay on the grounds that the injury could not have been caused by such a small accident.
Any injury claim you'd make against the other party's insurance is a third party liability claim for pain and suffering. They don't pay your bills anyway, in most states. So if you want to get something from them you'll have to determine how far you want to go. Do you want to file a small claims suit- which you may or may not win and they may appeal if they don't like the decision?
2007-03-17 19:21:59 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
You messed up accepting the check. Go to a accident attorney and you can pocket some "distress" money too. But DO NOT cash the check if you have it. Talk to the attorney first. If you tell the insurance company you are going to a lawyer they may try to give you the $200 for example and then you will sign a waiver and not be able to sue. Happened to one guy on here somewhere. He did not go to the lawyer and found he could have had an extra $10000 AFTER the lawyers cut. Now the lawyer can maybe get an extra couple of thousand more for distress you suffered. Oh yea, for pain and suffering.
Talk to some big ones, cuz they are the greediest.
2007-03-17 14:12:17 · answer #3 · answered by Big C 6 · 1⤊ 1⤋
I would hold on to the check, and take them to small claims court. Regardless of what bills you had, if they accepted 100 percent liability, then they need to pay that. Why should u pay out of pocket b/c some dingbat hit you? Now you not only have to endure your carbeing damanged, injury, and now not even being compensated entirely? Thats a load of crap! Keep all receipts. Don't send the check back, who knows if youll see the money again! I would wait to cash it, so see if a lawyer thinks its wise.
2007-03-17 16:02:01 · answer #4 · answered by Anonymous · 1⤊ 0⤋
your insurance co. should be doing this for you.you should take the check and sue for the balance.dont forget any loss of work when you file in court.id get a better insurance co. if they arent in this with you.
2007-03-17 13:17:18 · answer #5 · answered by jay p 4 · 0⤊ 0⤋