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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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I live and work in California. During the summer of 2014 I

Customer Question

I live and work in California.
During the summer of 2014 I was rear-ended while on vacation in San Diego, CA; the woman who hit me said she was using her Smartphone and got distracted and didn't know the light had turned red. There was minor car damage and I was seen by an emergency room physician and diagnosed with acute whiplash, as well as 4 sessions with a physical therapist for resulting shoulder pain. The medical bills totaled $4044.
Long story short: the woman's insurance company would not make a reasonable settlement on my claim, only offering $250 and would not budge for 10 months.
I then filed a claim in small claims court and won $4100 + court costs. The judge told the lawyer (sent by the insurance company) they had 30 days to appeal or pay the judgement...if the insurance policy would pay the judgement it would not negatively affect the defendant's credit.
The automatic stay expires in 3 days and I have not received a check OR a notice of appeal; I've checked the court's website and there is no notice of appeal listed there either.
What could possibly be the hold-up? Should I not anticipate receiving my settlement between now and Friday?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

It is hard to tell (unfortunately I cannot tell you with specificity what the opposing side is planning).

This is really a bizzarre case - most insurance carriers would simply send you a check rather than pay for an attorney to appear in court and fight you on a bill with ER and PT invoices (they have taken a very curious course of action).

If they don't pay you, start pursuing the driver directly - remember, ultimately she is responsible. See: http://www.courts.ca.gov/1014.htm

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