If I went to small claims against the person who rear-ended me but then our companies went to arbitration and I was not found at fault, can I get paid for damages?

Asked on November 5, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally, if you suffered damaged from an at-fault driver, you can sue him or her for compensation. But you indicate that your "companies"--presumably, your respective insurance companies--are in arbitration. If there is a case in arbitration, you may not be able to separately sue--it may be that everything and all claims should have been resolved in the context of the case being arbitrated. You need to speak with you insurer and/or their attorneys to understand the procedural context and whether you may seek compensation.


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