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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
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Experience:  Attorney with significant personal injury experience
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Is it illegal to sue in small clais court in an auto

Customer Question

Is it illegal to sue in small clais court for damages in an auto accident and then file an insurance claim and not drop the small claims case
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you are talking about an insurance claim with the at-fault driver's insurance company, no this would not be illegal. It would not be illegal because any insurance claim settlement would be conditioned on a waiver of all legal claims, and that in turn would result in dismissal of the lawsuit. Conversely, any judgment from a lawsuit would render the insurance claim moot and the insurance company would simply refuse to pay anything more.

I hope this answers your question.