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azn1x6flame · Apr 13, 2009, 07:59 PM

Hi Everyone:

I have a question about suing the individual driver who caused this 3 car accident in the state of CA.

I was the number 1 car that got rear-ended when the #3 car rear-ended #2 car and pushed #2 car into mine.

Right now, #3 car's insurance deemed my car a total loss. However, the auto body shop told me that I should not be driving this car in the said condition and the car is repairable, but costs to repair may exceed market price of my car.

Car #3's insurance said that their driver only has $5,000 in damages to each car insured and my damages exceed $5,000. If their offer for the total loss is lower than $5000, I will not accept it as I cannot afford to get a new car or have a car payment. I also do not want a used car as mine is in good condition.

My question is, when suing the driver, will I be able to obtain all the amount of money that I need to repair my car? I know that the limit is $5,000, but my car damages exceed $5,000. How do I get the remaining amount if the small claims court only go up to $5,000?

Additionally, car #3's insurance refuses to pay for the total costs of a rental car that I need, so should I tact this on as well in the lawsuit?

Please provide any advice. This is my first time needing to take such a drastic measure and I don't have any guidance.

Thanks in advance.

JudyKayTee · Apr 14, 2009, 05:45 AM

I'm a liability investigator and am sorting through this - in my State the cars are numbered from back to front, obviously different from your State.

You will not get more than the value of your car to repair your car. For example, you will not be awarded $10,000 to repair a car valued at $5,000.

I would assume you didn't have collision insurance on your car?

And, yes, if you are going to sue, sue for everything you have lost, all of your out of pocket expenses. Let the Court decide how much to award. I suspect the problem will then be attempting to collect on a Judgment.

If you are suing for more than the Small Claims limit you will need an Attorney and a superior Court - in which case your legal fees will undoubtedly eat up the difference. You might be bettter going to Small Claims and losing the difference than going to a superior Court and incurring legal fees.

I would file against both cars #2 and #3 (by your listing).

azn1x6flame · Apr 14, 2009, 08:48 AM

Thanks so much for your response. I apologize, but I might have gotten the way the cars were numbered confused, but when the CHP took the report, he told me to go first because I was the one at the front, so apologies for the confusion.

No, I don't have collision insurance. Even if I did and my car was deemed a total loss, they wouldn't pay additional past the market value of my car anyway, correct?

Just to confirm, even if I take this issue to the small claims courts, I will not be awarded the amount it takes to pay for the repairs on my car, even if the repairs exceeds market value? Up to the $5000 limit in the courts? That's all I really want out of this - a repaired car.

As for suing, I know that that collecting Judgement may be an issue since the person that caused this accident does not appear to be well off... so I rather just get this over with the most quick way possible.

Anyway, thanks so much again. Any additional insight would be appreciated.

Originally Posted by JudyKayTee

I'm a liability investigator and am sorting through this - in my State the cars are numbered from back to front, obviously different from your State.

You will not get more than the value of your car to repair your car. For example, you will not be awarded $10,000 to repair a car valued at $5,000.

I would assume you didn't have collision insurance on your car?

And, yes, if you are going to sue, sue for everything you have lost, all of your out of pocket expenses. Let the Court decide how much to award. I suspect the problem will then be attempting to collect on a Judgment.

If you are suing for more than the Small Claims limit you will need an Attorney and a superior Court - in which case your legal fees will undoubtedly eat up the difference. You might be bettter going to Small Claims and losing the difference than going to a superior Court and incurring legal fees.

I would file against both cars #2 and #3 (by your listing).

JudyKayTee · Apr 14, 2009, 09:52 AM

Originally Posted by azn1x6flame

Thanks so much for your response. I apologize, but I might have gotten the way the cars were numbered confused, but when the CHP took the report, he told me to go first because I was the one at the front, so apologies for the confusion.

No, I don't have collision insurance. Even if I did and my car was deemed a total loss, they wouldn't pay additional past the market value of my car anyway, correct?

Just to confirm, even if I take this issue to the small claims courts, I will not be awarded the amount it takes to pay for the repairs on my car, even if the repairs exceeds market value? Up to the $5000 limit in the courts? That's all I really want out of this - a repaired car.

As for suing, I know that that collecting Judgement may be an issue since the person that caused this accident does not appear to be well off....so I rather just get this over with the quickest way possible.

Anyway, thanks so much again. Any additional insight would be appreciated.

No problem with the numbering - it just took me a second.

And, right, your insurance - as well as theirs - will NOT pay for more than the value of the car to do the repair. I have seen some sort of rider (one of my cars is a classic) that WILL but it's an extra.

Yes, you are limited to the value of the car in Small Claims Court.

And I always say get the Judgment and worry about collecting later.

The only other thing I would add (from a "professional" point of view) - did the middle car hit you and THEN get hit OR did the middle car stop, get hit by the last car and then hit you?

azn1x6flame · Apr 14, 2009, 12:59 PM

Thanks for your response.

What if I decided to accept what the insurance gives me for the market price of my car and decide to do repairs and the repairs exceed the amount they gave me. For example, they give me $5,000, repairs cost $5,300 can I then sue the driver for the $300 in the small claims court?

Please advise.

As for the middle car, the car stopped and got hit and was pushed by the last car into mine. So I don't think I can sue them.

Thanks for your time.

Originally Posted by JudyKayTee

No problem with the numbering - it just took me a second.

And, right, your insurance - as well as theirs - will NOT pay for more than the value of the car to do the repair. I have seen some sort of rider (one of my cars is a classic) that WILL but it's an extra.

Yes, you are limited to the value of the car in Small Claims Court.

And I always say get the Judgment and worry about collecting later.

The only other thing I would add (from a "professional" point of view) - did the middle car hit you and THEN get hit OR did the middle car stop, get hit by the last car and then hit you?

JudyKayTee · Apr 14, 2009, 01:23 PM

In NY - at least - when you settle you sign a release that you are accepting $X in payment of ALL claims against so and so so, no, you cannot.

azn1x6flame · Apr 14, 2009, 02:57 PM

Hm, I'll try to find out if that's the case in CA. That sort of sucks. Especially when they come lower than what your car is worth.

I feel so resigned.

Thanks again.

Originally Posted by JudyKayTee

In NY - at least - when you settle you sign a release that you are accepting $X in payment of ALL claims against so and so so, no, you cannot.

ScottGem · Apr 14, 2009, 03:13 PM

There are several points here.

1) if you sue in small claims court you can only sue up to the limits for that court. Therefore, it matters not what your damages actually were, you are subject to the limits of the court.

2) If the driver who caused the accident only has x amount of liability coverage, then their insurer will only pay up to that limit. If that limit is not enough to cover your costs, then you sue the driver for the balance.

3) You can accept what the insurer offers you. However, it cannot be offered as full settlement of your claim. They may pay you to the limits of the coverage without requiring that you agree to not sue the driver for the balance.

4) A car is deemed totaled when the cost of repair is greater than its current market value. This doesn't mean you can't take what you are paid and repair the car, if the body shop believes its repairable. But I would be cautious about this.

azn1x6flame · Apr 14, 2009, 04:06 PM

Thank you for your reply.

#1. My car's totaled value is a little above $6000. Which is over the $5000 claims court limit. However, they have to split $10,000 between two cars, so I don't know how much I'm actually getting.

#2. The insurance is only covering what the driver has liability for. But I believe JudyKayTee said that I cannot sue the driver for the balance because I've accepted the claim.

#3. If they pay me to the full extent of the limits, how can I ensure that it's not offered as the full settlement of the claim? If needed, would love to get the balance to pay for the rest of my car's repairs.

#4. It's rear-end damage that my car sustained which totaled it since cost of repair exceeds the value of the car. My estimate came under the price they're offering me for the car. So I have no idea why they won't fix it. I think it's because they have to partition the $10,000 between two cars. Mine's came in above $6,000. Anyway, the body shop needs approval to do repairs on a car deemed totaled. So I'm hoping I get enough money after the partition of the money to do the repairs.

Thank you again

Originally Posted by ScottGem

There are several points here.

1) if you sue in small claims court you can only sue up to the limits for that court. Therefore, it matters not what your damages actually were, you are subject to the limits of the court.

2) If the driver who caused the accident only has x amount of liability coverage, then their insurer will only pay up to that limit. If that limit is not enough to cover your costs, then you sue the driver for the balance.

3) You can accept what the insurer offers you. However, it cannot be offered as full settlement of your claim. They may pay you to the limits of the coverage without requiring that you agree to not sue the driver for the balance.

4) A car is deemed totaled when the cost of repair is greater than its current market value. This doesn't mean you can't take what you are paid and repair the car, if the body shop believes its repairable. But I would be cautious about this.

ScottGem · Apr 14, 2009, 04:20 PM

I know what Judy said and it was accurate. But its not the only possibility. Since what they will pay is the limit of the policy's liability coverage they may not require you to indemnify their cient. If they do you will be asked to sign a waiver. You can read what they provide you and decide whether to accept it or not.

azn1x6flame · Apr 14, 2009, 04:36 PM

Originally Posted by ScottGem

I know what Judy said and it was accurate. But its not the only possibility. Since what they will pay is the limit of the policy's liability coverage they may not require you to indemnify their cient. If they do you will be asked to sign a waiver. You can read what they provide you and decide whether to accept it or not.

Thanks. I was starting to get confused as I am not familiar with this process. I did not know that they have different settlements on whether I would be required to indemnify their client. I hope they won't ask me to. Thanks so much.

ScottGem · Apr 14, 2009, 04:45 PM

See the thng is I don't see this as a settlement. It simply playing to the limits of the policy. Since their policyholder chose not to cover himself they have no obligation to protect their polcyholder beyond the limits of the policy.

azn1x6flame · Apr 14, 2009, 08:43 PM

Originally Posted by ScottGem

See the thng is I don't see this as a settlement. It simply playing to the limits of the policy. Since their policyholder chose not to cover himself they have no obligation to protect their polcyholder beyond the limits of the policy.

I see. That makes perfect sense. I will definitely keep that in mind when they portion the limits issue. Thanks.

JudyKayTee · Apr 15, 2009, 06:06 AM

Originally Posted by azn1x6flame

Thanks. I was starting to get confused as I am not familiar with this process. I did not know that they have different settlements on whether I would be required to indemnify their client. I hope they won't ask me to. Thanks so much.

Scott is right - they are doing what is called throwing in the policy. That means paying to the extent of the policy.

azn1x6flame · Apr 15, 2009, 08:49 AM

Originally Posted by JudyKayTee

Scott is right - they are doing what is called throwing in the policy. That means paying to the extent of the policy.

Thanks so much Judy. Since they will be only paying to the extent of the policy and my car's market value is worth more than what their policy covers, I will then be able to sue the driver in the small claims court for the difference, right (unless the insurance asks me to not sue the driver when accepting the settlement)? The amount I'm looking at will fall under the limit of the courts. Please advise.

I really appreciate your help and guidance.

JudyKayTee · Apr 15, 2009, 02:35 PM

As long as you don't waive your right to sue, sure, go right ahead BUT keep in mind that you cannot collect MORE than the value of the car. (But I think we covered that and you are clear on that.)

azn1x6flame · Apr 15, 2009, 02:56 PM

Originally Posted by JudyKayTee

As long as you don't waive your right to sue, sure, go right ahead BUT keep in mind that you cannot collect MORE than the value of the car. (But I think we covered that and you are clear on that.)

Perfect. Thank you. Would you mind in the future, when I get more information from their insurance, to ask you on this thread should I need further guidance?

ScottGem · Apr 15, 2009, 03:52 PM

Yes we would prefer that you keep us posted and would be happy to help further.

azn1x6flame · Apr 29, 2009, 09:38 AM

Originally Posted by JudyKayTee

As long as you don't waive your right to sue, sure, go right ahead BUT keep in mind that you cannot collect MORE than the value of the car. (But I think we covered that and you are clear on that.)

Originally Posted by ScottGem

Yes we would prefer that you keep us posted and would be happy to help further.

Thanks Judy and Scott for the advice. I am receiving a settlement that will help pay for my repairs.

In the future, would you mind that I ask for advise regarding the settlement of medical bills? I want to know how to determine if what they're paying and what the doctor is asking for is fair. Additionally, if the insurance company is short-changing me.

Thanks!