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Plannign to file a small Claim

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Convo

Junior Member
What is the name of your state (only U.S. law)? California

Here is the story:
I am living in LA. and while driving to work on the freeway, a car from another lane lost control in a corner and swerve into my lane blocking me between myself and the car in front of me. (She lost traction due to rain and hard late breaking during a corner), and I inevitably T-Boned her. Then an SUV rear ended me after the initial impact. Luckily I wasn't driving that fast (about 30-40mph and I was able to slow down to 10-20mph upon impact), so nobody was reported injury as of yet. After the accident, the CHP officer filed a police report and I took the name and insurance details from the other parties also taken a few photos as well. I had the whole incident on dashcam and my insurance has quickly determined I am 100% not at fault.

My car had no accident history, so now I would like to file a small claim for diminishing value. Since now I did report the incident to DMV since the damage exceeds 500USD. The repair cost is 14000 and counting. Though I would like to file against the other parties for small claim which I am currently arranging a professional appraisal service for this.

My question is the likelihood of success in such a claim?
I did a bit of research and found that I would file the claim against the at-fault parties instead of their insurer, is this true?
I did not get the at fault parties Address and Telephone No. which I need to file the small claim, I wonder where I could obtain this information?

My guess is that this will be a complicated process since there are 2 parties involve, and my insurance indicates its a split fault (frontal damage to front driver, and rear damage for the rear driver).

Many thanks,
Joseph
 
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racer72

Senior Member
You have 2 other options that would be much easier. 1. File a claim with her insurance company. 2. File a claim with your insurance company. If you go with option 2, all you would have to sue for is your deductible.
 

Convo

Junior Member
You have 2 other options that would be much easier. 1. File a claim with her insurance company. 2. File a claim with your insurance company. If you go with option 2, all you would have to sue for is your deductible.
Sorry I forgot to mention (Which has now been edited), I am intended to file the small claim for diminished value. The repair end has been taken care of by my insurer since I am on comprehensive with them. Though I read somewhere that my insurance will not be helping me in terms of diminished value claims and I have to go via the small claim court for this. Wondering if this is true. Thanks!
 

Zigner

Senior Member, Non-Attorney
Sorry I forgot to mention (Which has now been edited), I am intended to file the small claim for diminished value. The repair end has been taken care of by my insurer since I am on comprehensive with them. Though I read somewhere that my insurance will not be helping me in terms of diminished value claims and I have to go via the small claim court for this. Wondering if this is true. Thanks!
What kind of car is it? (year/make/model)
 

ecmst12

Senior Member
It would be much smarter to attempt to file the claim with the other drivers' insurance companies before you go to court. Of course you will have to prove the amount of diminished value, but I'm assuming you already know how to do this.
 

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