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I need assistance with questions on a small claims suit

Customer Question
involving a auto insurance company...
I need assistance with questions on a small claims suit involving a auto insurance company
Submitted: 1 month ago.Category: Legal
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Answered in 28 minutes by:
3/23/2018
Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 1 month ago

Hello; what is your question please?

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Customer reply replied 1 month ago
Is an attorney needed to sue an auto insurance company for unpaid damages to my vehicle or can I file a small claims suit to claim my damages?
Lawyer: legalgems, Lawyer replied 1 month ago

Can you please tell me the state at issue and the approximate damages?

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Customer reply replied 1 month ago
The accident occurred in California and the insurance companies are in other states. Its very confusing. Who do I send the small claims paper work to. The claims dept is Sentry insurance. and the insurance is Dairyland Auto.
Lawyer: legalgems, Lawyer replied 1 month ago

Thank you;

small claims is appropriate for cases under $10,000

if the insurance company is doing business in the state they must have a registered agent listed with the secretary of state;

Please see:

http://www.sos.ca.gov/business-programs/business-entities/

If the driver is out of state, they can be sued in CA small claims if the accident occurred on CA roads; then the state has jurisdiction over such cases even in small claims; please see:

please see:

http://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm

Here is a brochure on how to serve out of state drivers:

http://www.courts.ca.gov/partners/documents/servsmclaims.pdf

The driver then can put a claim based on the judgment in to their insurance company if the company is not licensed in CA.

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Customer reply replied 1 month ago
This is so confusing. do i send a claim to Dairyland insurance in wisconsin or to there parent company, Sentry insurance group. His insurance card shows Viking insurance, but I was told Dairyland auto bought out Viking. I been dealing with an agent with Sentry insurance from Wisconsin. Who do I serve the papers for the small claims suit? The person that caused the accident lives in el centro, california. I also live in el centro. The adjuster wants to total my car because it will cost more to fix than what the vehicle is worth. The insuranc agent wants to only compensate me 75% of the damage. So I want to sue for full coverage of my vehicle along with medical and auto rental compensation. I have a Nissan Sentra 2008. new motor and transmission replaced in 2013. Adjuster states it will cost up to $6000 to repair. Blue book is $5100. They want to give me $3200. $2300 if I want my car back for salvage.
Lawyer: legalgems, Lawyer replied 1 month ago
If the insurance company insures card that are permanently locate in the state then they must have a registered agent on file with the secretary of state, the link above.Normally the company providing the insurance direct is named but depending on the business structure a parent company can be liable as well
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Customer reply replied 1 month ago
Is it required to locate the california agent and serve him with the papers, Or do I serve the agent that has been dealing with this case who is located in Wisconsin
Lawyer: legalgems, Lawyer replied 1 month ago
It is required to serve the agent that is registered with the state of California as that person has legal authority to accept service
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Lawyer: legalgems, Lawyer replied 28 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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