If I was hit from behind in my new truck and the settlement did not cover everything, can I take the guy who hit me to small claims court?

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If I was hit from behind in my new truck and the settlement did not cover everything, can I take the guy who hit me to small claims court?

I was not hurt. my insurance company paid off my truck. I had added a viper alarm, tailgate lock and a tool cart that was not paid for in the settlement. I am wondering if I should take the guy to court for the cost of these items or his insurance company? It totals about $3,500-$4,000. Can I include my deductible in this too?

Asked on December 29, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can sue the other driver, if he/she was at fault in causing the accident (and if you were hit from behind, they were most likely at fault; in fact, the law presumes that a driver who hit you from� behind was at fault) for any amounts, including your deductible, not paid by insurance. For the amount of money you describe, you are probably best off suing in small claims court, acting as your own attorney (pro se) to avoid legal fees.


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