Personal Injury Law
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Answered in 16 minutes by:
8/2/2012
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 20,979
Experience: Attorney with significant personal injury experience
VerifiedHello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.
I am very sorry to hear about your auto accident and the difficulty you have encountered in resolving your claim. I am aware of many auto accident claims that have resolved well in small claims court and have personally overseen several, but of course the results in any given case are hard to predict.
What is difficult about a case such as yours is that the rear end damage is extremely minor whereas the damage to the front of your car is enough to total it. Very likely a judge will reason that, if the damage to the front of the car was truly caused by the rear ender that the damage to the rear of the car would be MORE severe than any damage to the front. Assuming that the front and rear of a vehicle are equally suceptible to damage, it is a basic principle of the transfer of energy that the initial impact (the rear end) would produce more damage than the secondary impact into car A.
You have not stated what your medical bills are, but to be entirely honest, anything more than a few hundred dollars in chiropractic visits would likely be unreasonable in a rear end collision resulting in damage that, as you admit, can be buffed out from the rear of your car.
This is likely why the insurance company is not willing to offer more money. You are basing your claim on the fact that your car was a total loss, but the insurance company is likely only looking at the damage to the rear of the car, as that is the damage that is conclusively the result of car "C's" negligence.
While it is possible to obtain more than minimal compensation for medical expenses, you will need to provide a reasonable explanation why the damage to the front of your car is so much worse than the damage to the back of your car even though the rear-ender is what caused all of the damage. If you can do this, then perhaps a small claims court will award you more money. I assume that you will appreciate this honest information, although it is not entirely favorable to your claim.
Finally, in this type of action, one would sue the person who hit you in their individual capacity--not the insurance company.
I sincerely XXXXX XXXXX this information helps you and I wish you the best.
If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.
Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Thank you and very kindest regards.
I am very sorry to hear about your auto accident and the difficulty you have encountered in resolving your claim. I am aware of many auto accident claims that have resolved well in small claims court and have personally overseen several, but of course the results in any given case are hard to predict.
What is difficult about a case such as yours is that the rear end damage is extremely minor whereas the damage to the front of your car is enough to total it. Very likely a judge will reason that, if the damage to the front of the car was truly caused by the rear ender that the damage to the rear of the car would be MORE severe than any damage to the front. Assuming that the front and rear of a vehicle are equally suceptible to damage, it is a basic principle of the transfer of energy that the initial impact (the rear end) would produce more damage than the secondary impact into car A.
You have not stated what your medical bills are, but to be entirely honest, anything more than a few hundred dollars in chiropractic visits would likely be unreasonable in a rear end collision resulting in damage that, as you admit, can be buffed out from the rear of your car.
This is likely why the insurance company is not willing to offer more money. You are basing your claim on the fact that your car was a total loss, but the insurance company is likely only looking at the damage to the rear of the car, as that is the damage that is conclusively the result of car "C's" negligence.
While it is possible to obtain more than minimal compensation for medical expenses, you will need to provide a reasonable explanation why the damage to the front of your car is so much worse than the damage to the back of your car even though the rear-ender is what caused all of the damage. If you can do this, then perhaps a small claims court will award you more money. I assume that you will appreciate this honest information, although it is not entirely favorable to your claim.
Finally, in this type of action, one would sue the person who hit you in their individual capacity--not the insurance company.
I sincerely XXXXX XXXXX this information helps you and I wish you the best.
If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.
Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Thank you and very kindest regards.
Thank you very much for your reply and your patience in allowing me to respond.
In general, and this is truly a rough rule of thumb subject to exceptions, a claim will typically be worth 2-3 times the medical expenses incurred. So, for example, if a claimant accrued $3,000 in medical expenses, a reasonable approximation of the value of their case would be $6,000-9,000. Factors influencing this amount are the reasonableness of the medical expenses incurred, any unique pain and suffering that the claimant may have experienced, and of course, any reduction for proportional liability.
In regard to proportional liability, California is a "comparative negligence" state, meaning that if a person is found 30% at fault for their accident, they can still pursue a claim but their damages will be reduced by that amount. This is something to keep in mind if it is the contention of the driver of car "C" that you were in some way responsible for hitting car "A with such force as to total your car.
In regard to witness statements, the California Department of Consumer Affairs states the following in its guide entitled "The Small Claims Court, a Guide to its Practical Use":
"Written statements are normally in the form of a declaration or an affidavit:
A declaration: A statement in writing -- in the witnesses’ own words -- about what he or she saw, heard, smelled, felt or tasted, and when and how he or she did so. The witness must declare under penalty of perjury, Opens new window according to the laws of the State of California, that the statement is true and correct.
An affidavit: A statement in writing -- in the witnesses’ own words -- about what he or she saw, heard, smelled, felt or tasted, and when and how he or she did so. The witness must sign the document, under penalty of perjury under the laws of the State of California, in front of someone who is legally authorized, like a judge or notary public, Opens new window that the statement is true and correct."
You can read the rest of the guide here: http://www.dca.ca.gov/publications/small_claims/court.shtml
See the Table of Contents for the guide here with much more useful information about the small claims process: http://www.dca.ca.gov/publications/small_claims/index.shtml
Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.
Kindest regards.
In general, and this is truly a rough rule of thumb subject to exceptions, a claim will typically be worth 2-3 times the medical expenses incurred. So, for example, if a claimant accrued $3,000 in medical expenses, a reasonable approximation of the value of their case would be $6,000-9,000. Factors influencing this amount are the reasonableness of the medical expenses incurred, any unique pain and suffering that the claimant may have experienced, and of course, any reduction for proportional liability.
In regard to proportional liability, California is a "comparative negligence" state, meaning that if a person is found 30% at fault for their accident, they can still pursue a claim but their damages will be reduced by that amount. This is something to keep in mind if it is the contention of the driver of car "C" that you were in some way responsible for hitting car "A with such force as to total your car.
In regard to witness statements, the California Department of Consumer Affairs states the following in its guide entitled "The Small Claims Court, a Guide to its Practical Use":
"Written statements are normally in the form of a declaration or an affidavit:
A declaration: A statement in writing -- in the witnesses’ own words -- about what he or she saw, heard, smelled, felt or tasted, and when and how he or she did so. The witness must declare under penalty of perjury, Opens new window according to the laws of the State of California, that the statement is true and correct.
An affidavit: A statement in writing -- in the witnesses’ own words -- about what he or she saw, heard, smelled, felt or tasted, and when and how he or she did so. The witness must sign the document, under penalty of perjury under the laws of the State of California, in front of someone who is legally authorized, like a judge or notary public, Opens new window that the statement is true and correct."
You can read the rest of the guide here: http://www.dca.ca.gov/publications/small_claims/court.shtml
See the Table of Contents for the guide here with much more useful information about the small claims process: http://www.dca.ca.gov/publications/small_claims/index.shtml
Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.
Kindest regards.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 20,979
Experience: Attorney with significant personal injury experience
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