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  1. #1
    Join Date
    Oct 2010
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    7

    Default Taking Insurance Company to Small Claims Court

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

    Hello,

    Back in February I was involved in a bit of a fender bender. The gentleman that hit me backed into me, causing about 1500.00 in damage to my car. I also ended up with a sore neck and headache, in which I received chiropractic care, for about 2 months.

    His insurance company quickly paid for the damage to my car, establishing liability. I informed the adjuster that I had neck pain and would seek treatment. The adjuster advised me that I would have to go get treatment and then submit my bills and records after treatment had finished. She also informed me that there was NO guarantee that my bills would be paid--but the only way to even determine that was after treatment. Since I was in pain I went to the chiropractor.

    After a couple of months of treatments, my neck pain and headaches were much improved. I told the adjuster that I was finished with treatment and she informed me that, in her opinion, I did not sustain any injuries and the bills would not be paid. This was without seeing any bills or any medical records. As I said in the beginning, she HAD mentioned that the insurance company makes no guarantee to pay any medical bills/pain and suffering--but that if I needed to seek treatment to go ahead.

    Needless to say, the insurance company denied my claim for the bills. I even hired an attorney after the fact who agreed to take the case because she truly believed they were in error--especially after 1500.00 in damage that they had already paid for. Well, she submitted a demand letter and they again denied it, stating my injuries were not consistent with the accident. SO, at this time I have filed suit in small claims court and the court date is next month. I feel the most irate about the fact that the adjuster advised me to seek treatment--KNOWING she was going to deny me.

    Any idea what to expect in small claims court? My attorney advised me how to fill out the paperwork, of course she cannot represent me though. It is my understanding that even though the suit names myself as plaintiff and the man that hit me as defendant--it is still a case against the insurance company? That the insurance company will most likely show up in court?

    Thanks for any and all advice/information. I just did not expect it to get to this point and do not know what to expect!

  2. #2
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Taking Insurance Company to Small Claims Court

    Well, I'll say from the beginning that if you sued the insurance company, then you're likely to lose. The insurance company didn't cause your damage, the driver of the vehicle did.

    Second, how much were the medical bills for an accident that caused only $1500 in damage (which is NOT a lot of money at all)

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Taking Insurance Company to Small Claims Court

    His insurance company quickly paid for the damage to my car, establishing liability
    .incorrect. that does not establish liability.







    It is my understanding that even though the suit names myself as plaintiff and the man that hit me as defendant--it is still a case against the insurance company?
    incorrect. It is against the man that hit you, period.



    either the man will be there to represent himself or he isn't. The insurance company cannot provide representation for him in small claims which gets to the next step; do not be surprised if an attorney hired by the insurance company files to have this moved to a court where attorneys are allowed.

  4. #4
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    Nov 2007
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    Default Re: Taking Insurance Company to Small Claims Court

    Quote Quoting jk
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    do not be surprised if an attorney hired by the insurance company files to have this moved to a court where attorneys are allowed.
    Actually, what's more likely to happen is that the insurance company allows the driver to defend themselves in the small claims suit - and if they lose, bring an attorney in on appeal (where attorneys ARE allowed)

  5. #5
    Join Date
    Oct 2010
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    7

    Default Re: Taking Insurance Company to Small Claims Court

    I don't understand. Both the attorney that represented me as well as the clerk at small claims court told me that what would happen is that the defendant will inform his insurance company that the case has gone to small claims and that the insurance company will represent him. The insurance company is in place to cover damages in which the insured is at fault for--and they decided not to pay for the bills. This is how it was explained to me. In fact before I even retained the attorney and right after I was verbally told that the insurance company would not pay for the medical bills, the adjuster told me I could take "them" to small claims court if I so choose. So, again...I'm not understanding the misinformation. I am under the impression that I am taking the insurance company to small claims court but had to serve the driver the court action.

    My bills were 1900.00. Certainly not an earth shattering accident--but I was hit broadside at a standstill, knocking me around and causing neck pain and headaches that did not exist before the accident.

    May I ask why liability has not been established by the insurance company paying for the damage that their insured caused to my car? He was deemed 100% at fault.

  6. #6
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Taking Insurance Company to Small Claims Court

    $1900 in medical bills for a minor accident that only had $1500 in property damage? I don't see that happening.

    The clerk in the small claims court is incorrect. Attorneys are not allowed to represent anyone but themselves in small claims court, until an appeal.

  7. #7
    Join Date
    Oct 2010
    Posts
    7

    Default Re: Taking Insurance Company to Small Claims Court

    I was told that the insurance company has a fiduciary responsibility to represent their insured in the event of a court case. Again, I was also told by the insurance company that I had the option to take THEM--the insurance company-- to small claims court. In fact I have a letter also stating this.

    For the record, I was asking about what to expect in court--not asking your opinion as to whether my medical bills are valid or not. It appears you really don't want to give any helpful information as much as you want to make snarky comments. Fun stuff on a Saturday night, eh?

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