How to appeal a claims decision

[nimiak]

I was involved in an auto accident back in March. Some guy made an unprotected left turn in front of me while I was heading straight in an intersection. I slammed into the right side of his car. I tried to collect damages to my car thru his insurance company (he was driving a rental car so I'm dealing with rental insurance company). He claims I ran a red light, however, I have a witness who tells me his light turned green after he saw the accident (which means I couldn't have possibly ran a red light). The claims adjuster however believes it is both our fault and will only award me 50% of my damages. She tells me that is her final decision and won't accept any appeals. Is there any way for me to appeal this decision? Can I take this to a small claims court? Is there any lawyer in the Los Angeles area that would be willing to help me out?

Thanks in advance,
-Kai
nimiak@yahoo.com

 

[I AM ALWAYS LIABLE]

My response:

You asked :

"Is there any lawyer in the Los Angeles area that would be willing to help me out?"

Not unless you were injured, and immediately sought medical examinations and treatments.

Since you never mentioned injuries and treatments, I'm presuming there were none. Therefore, your best alternative is Small Claims court.

You have up to 3 years to file your lawsuit from the date of the accident for your property damages. If you plan on claiming personal injuries, you must file your lawsuit within 1 year from the date of the accident.

Good luck to you.

IAAL

 

[nimiak]

No, there were no personal injuries on either side.

Who should I take to small claims court? The insurance company or the other party? or both? Would there be problems serving them since neither are located in California?

Thanks,
-Kai

 

[I AM ALWAYS LIABLE]

No, there were no personal injuries on either side.

Who should I take to small claims court? The insurance company or the other party? or both? Would there be problems serving them since neither are located in California?

Thanks,
-Kai

My response:

You only sue the other driver, not the insurance company. The insurance company didn't do anything wrong to you, did they ?

Since the other driver availed themselves of California law when they came to this State and drove their car, California has a very, very, liberal method of obtaining jurisdiction over the other driver.

Therefore, so that you can learn how, I would suggest that you go to your local Barnes & Noble Booksellers bookstore, and in their legal section, buy a good step-by-step book on Small Claims court. All of your questions and answers, and even some you haven't thought of yet, are in the book.

Good luck to you.

IAAL