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Question

mmy m

Submitted: 75 days and 1 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
my son had an auto accident in the state of calif. he is seventeen. the insurance companies went to arbitration and found neither party at fault. The car turned in front of my son and broke his tail light. The man has now filed a claim in small claims court for $7500. in damages against us. Neither party had any injuries. The police asked them both and they both said no. Am I, responsible for the payment if he should be awarded something. I don"t know why he would be awarded anything, but i need to be prepared. Or is my insurance company the one who would pay?

Posted by Dimitry Alexander Kaplun 75 days and 1 hours ago.

Answer

Since he is filing against you directly, if he wins it will be against you and not against the insurance company. However, depending on your policy, you may be able to contact your insurance company and have them defend you and your child if the man wins.

Be aware that you CAN bring evidence of the fact that this already went to arbitration and has been settled, at least through insurance.

As the minor's parent/guardian, you would be responsible for paying it if you lose.


Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

75 days ago.

Reply

I noticed you are licensed in Pa. Is the law the same in California? Can he sue me if the insurance companies said the arbitratrator did not award either party. My insurance paid for damages to my auto. What kind of policy would cover me if he is awarded any monies

Accepted Answer

I was quoting you CA law, not PA.

Arbitration is binding on all parties--that means both you and your insurance company agree to stand by the arbitrator's findings (as if it were a judicial ruling), the same way that the other insurance company and driver agree to stand by the decision.

Most California insurance policies cover you when you get sued by the opposing side. What you must do is contact your insurance company so it will assign a lawyer to handle your case for you. Do it as quickly as possible so the attorneys would have enough time to prepare.

To help you further, I am enclosing a link for you to read that goes to the California State Bar Association, which is the licensing body of all attorneys who practice in your state. It details all your rights and privileges when it comes to auto accidents, and how to handle them.

http://www.calbar.ca.gov/state/calbar/calbar_extend.jsp?cid=10581&id=2174#7

Good luck!

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
Accepts: 
Answered: 9/9/2009

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Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

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