Common Questions

Often, when we are first contacted by someone about an automobile accident, they are looking help with the property damage to their vehicle.  I have heard the same story thousands of times: “the insurance company doesn’t want to pay for my property damage.” 

 

Many times people ask if they can sue the insurance company or at fault party in small claims court.  You should always talk with an experienced attorney before making this decision. If you file in small claims court on the property damage claim, you may later be prevented from pursuing your claim for personal injuries in a separate lawsuit.  Because of the risk to a later personal injury case we always advise against this course of action.  Also, if you consider the grief the insurance company is giving you over you car, you can only imagine what it is going to do when it comes to your injuries!  However, if you still want to proceed, you should understand the process.

If you are unable to agree with the insurance company or other driver, and you do not have collision coverage, you can sue in small claims court. You have to sue the driver of the other car not the insurance company.  Small claims courts are designed to handle cases where the amount of the dispute is $10,000.00 or less. There are small claims courts located throughout the State of Utah and all along the Wasatch Front.  Information about the forms to be used and the filing fee can be obtained by calling the court directly or by linking to the court website.  http://www.utcourts.gov/howto/smallclaims/.  If you have other questsions abou the process, feel free to contact our attorney.

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