California Personal Injury and Insurance Blog

How do I sue someone?

This has been a popular question lately. I don't know why, but a lot of people want to sue in small claims court. If you think you have a case, and it is under $7,500, go for it. But, how do you know who to sue? (This applies for individuals only. Businesses are a bit different.)

If you do not know the  name of the person who injured you or damaged your property, you need to get it from the police or any agency that took a report, such as code enforcement or animal control. You can also look up public records to see who owns the home where the person lives, if you know.  Once you have a name or names, you can file suit in small claims court. Contact your county court and ask for the small claims advisory clinic.

FAQ: Why is his case worth more than mine?

I have talked about case values both here and on the podcast (which will pick up again soon). Why is my friend's case worth more than mine? Why is so and so getting more money than I am?

There are 100 reasons why your offer may be lower. It may have something to do with your attorney and the insurance company's experience with him or her. It may have something to do with the way the demand was presented to the insurance company. It may have something to do with the amount of insurance that the other person has. It may have to do with your backgrounds.

My point is that there are a ton of factors to consider in determining what a case is worth. If you are not happy with your offer, you need to talk to your attorney and ask him why the insurance company made the offer that they did. I can tell you, as a former insurance adjuster, there were a lot of variables in offers, including things most people do not think about. You should have a talk with him, and if you do not like his answer, go get a second opinion about the value of your case from another attorney.

FAQ: I don't have insurance. Will the insurance company sue me?

Yes. Uh oh. If you are involved in an accident and you do not have insurance, the other person's insurance company will sue you. Sorry. It happens. But what do you do then?

Well, you could try to settle with the other person directly. This has some drawbacks, including the potential that he will take your money and still file a claim with the insurance company and then they will sue you anyway.

You can negotiate later with his insurance company. In addition to being able to argue about who was at fault, you can also negotiate a payment plan and negotiate down the amount of the claim. It takes some work, but the insurance company wants to get some easy money and move on with life. Remember, they would rather get easy money today than fight to get more money later.

New Report

I have just finished a free report - 10 mistakes to avoid in your personal injury case. This report will provide you more insights from me. The tips tell you common mistakes made and how to avoid them.

Want this report or my other free reports, including:

• Determining the Fair Market Value of Your Car;
• 10 things insurance companies do not want you to know; and
• Hiring an attorney for your personal injury case

These reports are yours. Just send me an email with your name, address and phone number. (Click on the blue email above.)

More on aftermarket parts

I read an interesting story this morning from Chron.com. It talks about aftermarket parts. A Portland, OR family found out about the cost of repairing their Honda car. The Honda dealer wanted over $5,000 and they found two other shops with two other estimates. The adjuster wrote a fourth estimate with a fourth price.

One of the differences: the adjuster wanted to use aftermarket parts and the shops did not. There is some concern that aftermarket parts do not fit as well, are not as reliable and cause more problems. CAPA, the trade group for aftermarket parts, disagrees.

My thought is that there is a time and place for aftermarket parts. If I had a car that would be considered a total loss if new, factory parts are put on the car, but it could be repairable and not considered a total loss with aftermarket parts, I would use aftermarket parts in a minute. But, if the insurance company wants to force them down my throat so that they can save money, then that is not acceptable.

You pay insurance for yoru car to be fixed and put back in the condition it was in prior to the accident. Your car did not have aftermarket parts before the accident and it should not have them after. Make them use factory parts to fix your car.

FAQ: Can I supervise the defense of my case?

Okay, so lets say you get in an accident and you get sued. Your insurance company is defending you and you have been an avid reader of my blog, so you know what should happen. Can you supervise the defense of your case?

Yes, you can be involved. However, your insurance policy probably does not let you take control of your defense.

I know, but it is not fair. What if you get sued for a lot of money? What if you get sued for more than your insurance limits?

What you may want to do is consider retaining counsel, at your expense, to monitor the insurance company and make sure they are acting in your best interest - not theirs. While this may cost you a few dollars, it is better than someone missing something and having personal assets at stake.

Remember, the insurance company still has to put your interests ahead of their interests. So that gives you some protection. But do not be shy in asking for copies of documents and regular updates. The attorney has two clients: the insurance company and YOU!

FAQ: Can my insurer settle a case against me?

Yes. Your insurance policy lets them settle. There are two ways this can happen.

First, they can settle a claim or a lawsuit if they can reach an agreement with the other party.

Second, they can settle your case via a CCP 998 offer. This is a special section of the Code of Civil Procedure which tries to encourage case settlement.

A CCP 998 offer to resolve a case usually does not involve a judgment. Instead, most offers typically include language that payment is contingent upon a dismissal being filed.

The insurance company in every personal lines policy has the right to settle a case without your consent. In certain commercial policies, the insured has the right to consent to the settlement.

In most cases, the attorney should talk to you about it and explain the consequences to you. However, as long as the offer is within the policy limits, there is no requirement that the attorney get your permission.

How do I enter evidence into trial

Okay, so lets say you skip all of my advice and try to handle a case on your own. You file the lawsuit, serve it, make it through discovery and arbitration and end up with a trial. How do you go about entering evidence into trial?

Very good question. And, it is one I could answer if I had a few hours of your time. It is not that easy. Heck, there is nothing about trial that is easy. Not only are there a whole bunch of rules, but it is physically demanding work. Whenever I am in trial, I get tired and cranky and run out of energy. Why? Because there are a lot of things going on.

My advice: even if you get to a trial by yourself, pay someone to come in and try the case for you. It is definitely the hardest part!

FAQ: How do I get money from a blocked account?

In certain circumstances, money from the settlement of a case is put into a blocked account. This usually happens when the injured person is a minor or incompetent. So, how do you get the money out if you need it?

You must petition the court to get the money. There are forms that need to be filled out. You have to set a hearing and ask the court to release the money. Make sure you know exactly how much you need and what it will be used for. Include estimates or quotes and make sure that the court understands why the money needs to be released.

This is one of those things that you could do yourself, but if you are going to attempt it, you should retain an attorney to review the forms so you do not have any problems. Even better  - just hire an attorney on an hourly basis to get this done for you or go back to your original attorney to assist you.

FAQ: Can I get more for my total loss car?

Q: My car was a total loss. I decided to keep it. The insurance company paid me less the salvage value. Now my registration fees have gone up. Can I get these added costs?

A: Why did you keep the car in the first place? Okay, so that doesn't really answer the question, but it is an important consideration. There are very few circumstances where it makes sense to keep your car once the insurance company calls it a total loss. These circumstances are so few that I can count them on about one finger: if you cannot afford any car at all, you may want to keep your car. Otherwise, let them take it.

Now, can you get the added registration costs? No. Once you are paid the value of the car less the salvage value, that is all you can recover. The insurance company does not have to pay you for the added costs of registering your salvaged car. Of course, you can negotiate this before you agree to settle the property damage.