small claims court

can i sue in small claims court for money thatmy insurance company will normally cover or am i restricted to only recover my deductible??

Asked on June 28, 2009 under Accident Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  I presume that someone hit you and you want damges to your car.  You can seek the total amount of damages that were caused to the car.  That is what you are suposed to do.  This way, you will not have to make a claim and your insurance rate will not go up.  This will also get the other party's insurance carrier in the case to pay the claim to hopefully avoid having to engage in post judgment collection efforts if you are not paid after trial.


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