CA SMALL CLAIMS COURT: Should I use Small Claims Court on my small or minor California car, or motorcycle accident case?

A:

Yes, you should consider the possibility.  

Do not over look the possibility of utilizing the California small claims court for your minor injury case, especially if you are involved in a car accident and property damage photos show your damage to be below $1,500. Remember, a photograph can say a thousand words in terms of what looks like an injury- producing accident and what does not. Surface damage with no intrusion on the frame would be considered minor. Under California law, generally speaking, attorneys are not allowed to advocate a client’s case on the first hearing in small claims court. This basically means attorneys cannot represent their clients in argument in small claims.

There are narrow exceptions to this rule, but the point here is the small claims forum could be a good place to file your lawsuit against the at-fault party, on your own and without a lawyer, in minor cases where the insurance company is still haggling to settle your case unfairly. This is a great way to “level the playing field” against the at-fault insurance company. I sometimes recommend this avenue to my clients who have very minor injuries or extremely low property damage resulting from an automobile accident.
 

More Legal Questions About San Diego California Car Accidents?

Do you have more legal questions about San Diego California Car Accident Cases?  Return to the Auto, Motorcycle & Truck Accidents in California Frequently Asked Questions page. 
 

The Law Offices of Mark C. Blane, APC

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The San Diego Car Accident Attorney that offers FREE books like our Drunk Driving Car or Motorcycle Accident Book, or our 10 Secrets About Your Injury Case to anyone BEFORE they speak to a Lawyer, Claims Adjuster, or have to sign any Legal Forms; also we represent clients across Southern California including the following areas: 

Alpine, Bonita, Camp Pendleton, Cardiff by the Sea, Carlsbad, Chula Vista, Coronado, Del Mar, Downtown San Diego, El Cajon, El Centro, Encinitas, Escondido, Imperial Beach, Julian, La Jolla, Lakeside, La Mesa, Lemon Grove, National City, Ocean Beach, Oceanside, Pacific Beach, Poway, Ramona, Rancho Bernardo,San Marcos, Santee, Rancho Bernardo, Ramona, San Diego, Solana Beach, Spring Valley, Pacific Beach, Ocean Beach, San Ysidro, Julian,Lakeside, Vista and all other areas in San Diego County. We also proudly serve the following Southern California areas of: Imperial,Riverside, Orange, Los Angeles, San Bernardino, Santa Barbara, San Luis Obispo, Ventura, and Kern Counties.