Suing in small claims court

Hugh R · 11-03-2011, 01:53 PM

First time ever that I will be suing someone, (I was sued by a newly minted lawyer that I sold my last house to). My wife was driving here 3 month old Mazda 3 in a local supermarket parking lot and an employee of the supermarket ran 10-12 shopping carts into the left read door and quarter panel. We put in a claim and the adjuster wrote back in part " The store clerk pushing the shopping carts were open and in plane sight. You stated in your statement that the store clerk was pushing 10 to 12 shopping carts and yet you did not see him. For this reason, we must respectfully deny your claim." Thank you for your understanding, blah, blah blah.

He hit her car, not the other way around. So I guess this claims adjuster believes the market can push a dozen shopping carts around all day long and smack whatever Mercedes, Porsche, Ferrari or Mazda they want and they aren't responsible. $3,000 in repairs. I want a new door skin, I'm not going with body filler on a new car.

Zeke · 02:00 PM

Hugh, you must file a claim stating the exact amount you need and why. It has to be done right, so wait for some advice. When you do and state the date by which they can satisfy your claim, and they don't, you then sue.

Also, and again wait for advice, you may be suing the market, not the ins co. So plan ahead and obtain their person of service. Yuo may have to send your claim to that entity as well.

My point is that a formal claim for an exact amount must be denied before suit begins.

McLovin · 11-03-2011, 02:06 PM

Quote:

Originally Posted by Zeke

My point is that a formal claim for an exact amount must be denied before suit begins.

Says who?

Hugh R · 11-03-2011, 02:25 PM

We put in a claim for the repair and their Risk Management turned it over to their claims adjuster who denied the claim. I'm also aware that I have to name the exact company by name, not DBA. The small claims forms do say that you have to have asked for the monetary damages and have been denied, which we have.

Icemaster · Icemaster's Garage

Sucks Hugh, you have my sympathies.

What store? If it's a large chain store with its HQ in my neck of the woods, I know some people at corporate...

McLovin · 11-03-2011, 02:29 PM

OK.

Good luck! $3K is a lot of damage.

onlycafe · 11-03-2011, 02:31 PM

go get 'em hugh.

stomachmonkey · 11-03-2011, 02:35 PM

You can't file with your insurance company?

Make them go after the other guy.

gshase · 11-03-2011, 02:47 PM

I just got a $2500 settlement yesterday on a small claims court that the original claim was $800. They did not show to the first trial and appealed it to a higher court and 2.5 years later 3 days before we went to trial they settled. The reason; they never met our lawyers discovery request and they knew the judge would rip them apart. This was a a scumbag airline pilot for A.A. Their lawyer missed the first trial and posted a $1900 appeal bond out of his own pocket. The pilot and lawyer split the $2500 settlement.

Jrboulder · 11-03-2011, 03:01 PM

Quote:

Originally Posted by Hugh R

So I guess this claims adjuster believes the market can push a dozen shopping carts around all day long and smack whatever Nissan, Honda, Toyota or Mazda they want and they aren't responsible.

That has always been my understanding.

Hugh R · 11-03-2011, 03:14 PM

If I go through my ins. carrier, they will fix the damage and apply my $1,000 deductible. Its a local smallish chain based in the LA area.

Bill Douglas · 11-03-2011, 03:15 PM

I spend quite a lot of time in the small claims court (I'm a landlord).

Tips are:

Remain very composed. The judge hates interupting, loud voices, too much emotion.

Only speak when you are asked to speak.

Keep it VERY simple as they have only a very short lenght of time to hear what has happened, from both parties, and to make a decission.

Antiicpate what the lying prick is going to say and have an answer, with photos, to prove he is lying.

As above, lots of photos.

Be very specific about times and dates. They like that; 10:33 on the moring of the 12th...

No carrying guns into the court room.

And relax and have fun.

cgarr · cgarr's Garage

I have always had Magistrates, pretty informal, Just the facts mam! Pay the cashier at the door, have a good day!

Christien · Christien's Garage

Add on an additional 20% of the vehicle's current value to your claim for diminished value. When you go to sell the vehicle, you'll get beaten up on price by the buyer because the carfax will show a $3000 accident. You shouldn't be on the hook for that.

Hugh R · 05:13 PM

Great idea, I'm going to take the car back to the dealer we bought it from on Saturday and ask them to give me a written statement of the diminished value after the repairs are made and include that in the claim. In looking around the internets, it appears that it is a valid claim for small claims court.

schamp · 11-03-2011, 05:24 PM

Check the dollar limit for small claims court. You may exceed it.

LWJ · 11-03-2011, 06:04 PM

I think you have this on the right track. I have been to small claims a number of times. The key is documentation. Make it reasonable and ask to be made "whole."

Before that, I would resubmit to the grocery store with your evidence. Let them know that you will escalate this to court. Send them your evidence. Also, I always CC an attorney when I am sending demand letters. You don't need to actually mail the legal folks, just let the person guess whether or not you are serious.

I will say that CC'ing an attorney is the fastest, easiest, and cheapest way to get some A-hole to come around. I have done it at least a couple of times.

Small claims is a PITA. Sort of gratifying but a waste of your time.

Good luck. I would fight it too.

Larry

DARISC · 11-03-2011, 06:10 PM

If you win, how do you intend to collect?

Hugh R · 11-03-2011, 06:14 PM

IF they had been willing to just fix the car, I'd have left it at that. Now I'm looking at a $3,000 repair to really fix the car (new door skin), rental car for 8 days at about $400, I got a quote for an online rental from Enterprise, and I'll go to the dealer for a letter. If I or my wife have to take a vacation day or two to deal with this, I'll add that on as well. The small claims limit in CA is $7,500. I'll settle for that.

regency · regency's Garage

As an Ex-claims adjuster, ( 22 years ago ), if possible, push for a "face - to - face" meeting with the adjuster and his / her Supervisor, no phone, no letter battle. Then lay it out right there in front of them.

Steve

73 911 T MFI Coupe, Aubergine