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small claims court

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Junior Member
What is the name of your state? California

My car was parked when a woman drove into it and caused severe damage into it resulting for a total wreck. Her insurance offered me an amount less than what they initially appraised for the cash value of my car because the property damage limit of that woman's policy is not enough. I wanted to sue that woman for the difference in a small claims court. Can I still get the offered money from her insurance in case something strange decision comes up in the court? Can I include the policyholder's name on my petition? thanks in advance.


Senior Member
You will have to sue the policy holder for the total amount of what you want to claim. When and if you settle with the insurance company, you will be required to sign a release of interest meaning you cannot sue the other person. You cannot sue the insurance company, they did not cause the accident. The court could decide to give you less than what is being offered now, that is a chance you have to take. And if you are awarded more than the policy limits, the insurance will pay up to that amount then it will be up to you to collect the rest.

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