92 year old woman struck my parked car. 10,000 in damages.

I have 1000,00 deductible for collision on my insurance and 20 percent deductible for a rent a car until my car is fixed. Should I take the woman to small claims court if I don’t get my deductible and 20 percent back of my out of pocket expenses?
By the way she also struck three other parked cars.

Asked on April 6, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Suing her in small claims for any out-of-pocket (not paid by insurance) amounts is a good idea--she would be liable for the damages, since she is at fault in striking a parked (stationary) vehicle, but she may not have any income or assets to pay; social security, pensions, and 401k income is immune from garnishment by creditors (including judgment creditors--people who sue and win), so if she also does not have the savings to pay, you may be unable to get the money from her. That's why suing in small claims makes sense: if you act as your own attorney ("pro se"), there is very little cost, so you risk little by suing her.


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