the accident was a three car pile up at the end of an off ramp. i rearended the car in front of me and then the person behind me hit me causing me to hit the car infront again. his insurance cant get ahold of him so there hands are tied. do i need a lawyer if i take it to small claims court
2007-12-26 08:12:25 · 6 answers · asked by robertwildboy 2 in Politics & Government ➔ Law & Ethics
let your ins co. use there laywers, thats why you pay them monthly......
2007-12-26 14:17:07 · answer #1 · answered by DennistheMenace 7 · 1⤊ 0⤋
You should however consult with your insurance company. As you DID hit the car in front of you, you are liable for the damage to that vehicle. Separating the damage that was caused by the second collision from the first would be next to impossible and your insurance company may decide to not worry about the difference.
2007-12-26 08:19:41 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋
Your insurance carriers lawyers should be contacting his carrier. Just because they "can't get a hold of him", is not your carriers concern. They are required to go by the statement given and provided. If the other driver does not give a statement, that's his problem. The only thing that is "tied" are his carriers checkbook. They will do anything to delay payment. His carrier can drop his insurance for non compliance and go after him legally. You need to tell your carrier to proceed legally with the other carrier. Don't take their first answer of we can't do anything as law.
2007-12-26 08:23:25 · answer #3 · answered by mrsdeli 6 · 0⤊ 0⤋
If the damages are over a couple thousand dollars, the case should NOT even be HEARD in small claims court.... in fact I've NEVER heard of insurance claims being settled in small claims court... and I live in New York.... I had 2 accidents in my lifetime...BOTH not my fault legally, but one was with a pedestrian who ran out in front of me... they sued for $6 MILLION and my insurance company handled EVERYTHING---I NEVER WENT TO ANY COURT...... had I had to go, it sure would not have been small claims.. but other responders are correct, you do not use a lawyer in small claims.... that's why I wouldn't think ANY insurance claims would be settled in THAT PARTICULAR COURT... oh there is another law in MOST states that says the CAR BEHIND is the car that pays REGARDLESS of who's actual fault the accident was. so you would ONLY be responsible for the car in front of YOU and the guy behind YOU would be responsible for your car AND SOME OF THE DAMAGE to the car in front of you...but, by law, you are guilty too because you DID rear end the guy in front of you.... In September, I was a witness to yet another accident when my neighbor stopped his truck DEAD in the middle of the road---used NO SIGNAL LIGHTS and had no break lights working on his truck... along comes this beautiful NEW HARLEY and he couldn't stop in time and plowed into the back of the truck.... the accident was judged to be the TOTAL FAULT of the motorcyclist ---he received 3 tickets while the truck driver received NONE. Their court case is coming up and it too is NOT in small claims court....
2007-12-26 08:28:20 · answer #4 · answered by LittleBarb 7 · 0⤊ 2⤋
You may consult with a lawyer to help you prepare your case, but you cannot have one with you in small claims court.
2007-12-26 08:16:27 · answer #5 · answered by raichasays 7 · 1⤊ 0⤋
In Ca.you can't be represented by lawyer in small claims.Its under certain monetary amount and a judge rules.
2007-12-26 08:18:15 · answer #6 · answered by for the times 7 · 1⤊ 0⤋