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Figuring out cost to sue for...

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faerieprncs

Junior Member
What is the name of your state? California

While driving to work one morning, I was pelted with a huge amount of debris (concrete sand) which ended up costing $3600 in damage to my vehicle (chipped paint, broken windshield, etc.). I got the license plate #, trucking company name, and all other pertinent information. My insurance co. went after their co. who denied the claim saying CalTrans was doing roadwork (I have documentation proving otherwise). In any case, I'm going to take them to small claims.

My question is, how do I determine the amount I'm suing for?
Do I ask for only the $500 deductible I had to pay? Can I ask for the full $3600? Can I ask for payment for my time (day off for research/picking up forms/filiing and acutally going to court? Up to the $5000 limit of course...

What can I use to calculate my suit?
 


S

seniorjudge

Guest
Ask for the full amount under the small claims statute.

The judge won't come down off the bench and slap you if you can't prove up ALL the damages you ask for.

Wait a minute...this is California.

Okay, ask for the full amount under the small claims statute. But if you cannot prove up ALL the damages you ask for, be close to a door just in case the judge leaves the bench in a mad huff! :D
 

racer72

Senior Member
Something else you might consider. You sue for the full amount and win. Your insurance company sues for the amount paid out for the claim less the deductable. Plaintiff claims that they already paid the full claim for damages. Case is dismissed. Insurance company will then come looking for you for reimbursment.

You want to sue for your out of pocket expenses only. And that does not include your time off to collect forms and file your case.
 
S

seniorjudge

Guest
racer72 said:
Something else you might consider. You sue for the full amount and win. Your insurance company sues for the amount paid out for the claim less the deductable. Plaintiff claims that they already paid the full claim for damages. Case is dismissed. Insurance company will then come looking for you for reimbursment.

You want to sue for your out of pocket expenses only. And that does not include your time off to collect forms and file your case.
This is correct.

That is why I said PROVE, faerieprncs.
 

faerieprncs

Junior Member
racer72 said:
Something else you might consider. You sue for the full amount and win. Your insurance company sues for the amount paid out for the claim less the deductable. Plaintiff claims that they already paid the full claim for damages. Case is dismissed. Insurance company will then come looking for you for reimbursment.

You want to sue for your out of pocket expenses only. And that does not include your time off to collect forms and file your case.

Okay, just for clarification purposes...I cannot charge for my time, correct? Also, if I did sue for the full amount and the judge thought it was bogus, could he throw out the entire case leaving me penniless, or would he just award me the $500? Sorry, don't mean to be repetitive...
 

rmet4nzkx

Senior Member
faerieprncs said:
Okay, just for clarification purposes...I cannot charge for my time, correct? Also, if I did sue for the full amount and the judge thought it was bogus, could he throw out the entire case leaving me penniless, or would he just award me the $500? Sorry, don't mean to be repetitive...
Go to the link I provided all your answers are there.
 
S

seniorjudge

Guest
faerieprncs said:
...I cannot charge for my time, correct?...
Correct. You can only for direct damages that you have suffered.
 

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