Insurance Refuses to Pay

My question involves an injury that occurred in the state of: California

Hi

New member here, I was involved in a car accident in California, I was rear ended. The other party claimed responsibility and his insurance company paid for the damages.

However, the insurance company refuses to pay chiropractic bill of $750. I send them a demand letter and the chiro bill, and talked to them on the phone but no go. They won't pay more than $300.

So I have decided to take him to the small claims court for $1,000 and have a few question:

1. Where can I get the other parties mailing information? I lost the info, when he claimed responsibility and they payed for it, I thought i wouldn't need it any more. I just have the claim number, his name, and the copy of the check.

2. Which small claim court do I file it, where I live or where they live?

3. Should I add the insurance company in the law suit? Should I mail the insurance company a copy of the law suite?

4. Anything else you guys can advice on what to do?


I hate doing this but this insurance company is leaving me with no other choice. I guess they see it this way with a law suite they only loose $30 more, since that is the filing fee. So, why not take a chance and see if I go away.

Thanks in advance.

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1. Where can I get the other parties mailing information? I lost the info, when he claimed responsibility and they payed for it, I thought i wouldn't need it any more. I just have the claim number, his name, and the copy of the check.

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have you checked the police report? If not, a phone book would be a place to start if you don't have any other place.

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2. Which small claim court do I file it, where I live or where they live?

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where he lives. From what I understand California has a lot of SCC so be sure to inquire with the one you intend on filing with that the defendant does in fact live withing their jurisdiction.

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3. Should I add the insurance company in the law suit?

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why? were they driving the car.

No, you do not sue their insurance company.

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Should I mail the insurance company a copy of the law suite?

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Not unless you are suing them too (no)

4. Anything else you guys can advice on what to do?


Not sure why you would sue for $1000 if you are due $750. You sue for what you are owed.

$750 for the bill and $250 for my time for this law suite. I have to take time off from work and fill out all this forms, have them certified mailed.

What is SCC? What if I cannot get their mailing address, wouldn't in this case be a good idea to mail it to the insurance company/adjuster also? So, they cannot deny that they never got the mail. The adjuster mailed me a written offer, and they also accepted to pay on behalf of their client. Don't I have a contract with them?

you don't get to claim your time. Your actual expenditures are all you will get


SCC= small claims court

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What if I cannot get their mailing address, wouldn't in this case be a good idea to mail it to the insurance company/adjuster also?

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that would not be proper service on the defendant so would be useless.

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So, they cannot deny that they never got the mail.

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Well, if you mailed it to the insurance company, the defendant did not get the service. There are some good sites put out by the state concerning SCC and how to serve a defendant and all.

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The adjuster mailed me a written offer, and they also accepted to pay on behalf of their client. Don't I have a contract with them?

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No. They can act as the agent for their client but that does not make them a party to the action.

Can I sue the insurance company to disclose their parties information, such as address?

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Quoting highnndry

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Can I sue the insurance company to disclose their parties information, such as address?

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You sue the at-fault party, not the insurance company.