Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 3 months ago.Category: Legal
Ask Your Own Legal Question
Answered in 28 minutes by:
3/23/2018
Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,597
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!

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 3 months ago

Hello; what is your question please?

Ask Your Own Legal Question
Customer reply replied 3 months 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 3 months ago

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

Ask Your Own Legal Question
Customer reply replied 3 months 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 3 months 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.

Ask Your Own Legal Question
Customer reply replied 3 months 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 3 months 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
Ask Your Own Legal Question
Customer reply replied 3 months 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 3 months 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
Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 3 months 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.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,597
13,597 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I need to know how to pursue an insurance company that is
I need to know how to pursue an insurance company that is playing low ball with me after their insured was ticketed for hitting my vehicle in the rear, … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,586 satisfied customers
I have a question about my car insurance. I'm living in
I have a question about my car insurance. I'm living in Corpus Christi. I have a full coverage auto insurance under my name. My fiancé drove my car and got a hit and run accident few days ago. Unfortu… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
I am a plaintiff in a small claims court complaint in SC.
I am a plaintiff in a small claims court complaint in SC. There are 2 defendants involved. The complaint is the result of an auto accident involving an unlicensed driver colliding with my vehicle when… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I was involved in a collision with another vehicle when he
I was involved in a collision with another vehicle when he backed out of a blind parking space in a private strip mall parking lot and into my vehicle as I was passing behind him. Police were called b… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,586 satisfied customers
recently,in micchigan, i signed a form containing infiormation
recently,in micchigan, i signed a form containing infiormation aBOUT WAGE LOSS RELATING TO AN AUTO ACCIDENT...THE INFDORMATION PROVIDED ON SAID FORM WAS 100PERCENT CORRECT. THE PERSONNEL MANAGER REFUS… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
My parents just got served yesterday naming them both, individually
My parents just got served yesterday naming them both, individually in a law suit in which only my mother was involved in an auto accident two years ago. She contacted the insurance company and meets … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
My daughter over age 21 was involved in a auto accident in
My daughter over age 21 was involved in a auto accident in CA. We live in Wisconsin. My insurance company says that they can not represent me in small claims court in CA. Is that correct? They also sa… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I have a small claims suit filed against USAA Auto in San Antonio,
I have a small claims suit filed against USAA Auto in San Antonio, Tx. My small claims suit is for $2300 more than the company has offered to pay (USAA offered $1200) for damages to my automobile. My … read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
My wife was involved in auto accident. The driver of the other
My wife was involved in auto accident. The driver of the other vehicle did not produce a valid DL, and was given a citation by the responding police officer. Our vehilce had significant damage, has be… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Following an accident, My auto Ins Co totalled my car but did
Following an accident, My auto Ins Co totalled my car but did not make an acceptable offer of settlement. They then(next day) had my car towed to a salvage/auction yard without my knowledge or authori… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a small claims suit to file against USAA Auto Insurance
I have a small claims suit to file against USAA Auto Insurance Company in San Antonio. I need to file against the company's registered agent. The Secretary of State's office does not have the corporat… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hello, My car was hit from behind about 7 days ago while
Hello, My car was hit from behind about 7 days ago while I was sitting at a light. The damage appeared to be very minimal. The guy owns 2 of the Liberty Income Tax offices here in Memphis, and told me… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Hi, I had a car accident and recieved medical attention
Hi, I had a car accident and recieved medical attention and follow up services with the no fault auto insurance. The no fault insurance stopped paying and I recieved a bill for the months that no faul… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,769 satisfied customers
On 2/18/10, my son was driving our vehicle and was hit by a
On 2/18/10, my son was driving our vehicle and was hit by a drunk driver, totaling our car. The other driver's insurance company (Safe Auto) is offering a lot less than Kelley Blue Book value for the … read more
NewYorkLaw101
NewYorkLaw101
Senior Associate
Juris Doctor
439 satisfied customers
My auto was a total loss in an accident. After a year of denying
My auto was a total loss in an accident. After a year of denying liability the insurance carrier finally paid for the auto. Now they refuse to pay for 30 days loss of use, I did not rent a car. They w… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
After 47 years of driving, I was involved in an auto accident,
After 47 years of driving, I was involved in an auto accident, There were no injuries at the time and the auto responsible for the accident simply kept going. The driver fo the other car, of course, c… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I recieved a letter from an attorney representing a auto insurance
I recieved a letter from an attorney representing a auto insurance (State Farm). It states I am responsible for a claim of $596. I backed into my brothers wifes car in my driveway 5 years ago. No poli… read more
BizMatters-law
BizMatters-law
J.D.
666 satisfied customers
I was involved in an auto accident in February which was ...
I was involved in an auto accident in February which was not my fault. The driver at fault was ticketed by the police. I without any success, have been unsuccessful in getting my car repaired through … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x