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Auto Insurance Claims/auto collision:small calims court

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Expert: - 7/23/2010


Question

my car totaled
Oakland, Ca: I entered an intersection on a yellow light. I never saw it turn red. I was broadside by a car entering from my right. State Farm my insurance company sent an adjuster to the site. State Farm determined that I was not Liable. I have no collision insurance. State Farm has advised me to go to small claims court. CNA, the other driver's insurance co. denies liability. Police report says MR. X(the other driver) is the owner of vehicle. CNA says policy holder is XYZ Company, of which MR.X is CEO. QUESTION: Who do I sue in small claims court ? Mr. X? The XYZ Company? or CNA?
thanks for any help,
Bruce

Answer
Sue the vehicle driver and the company who owns the car and the policy holder, if different, and let the judge decide who pays you and percentage of fault if any. You can name multiple defendants for no extra charge, but you will have a few extra dollars cost for the defendants to be served. If you think the defendants will ignore service my certified mail b y the court clerk, then have them served by a process server so you don't have to file for an extension. Court clerks may take several weeks to mail out the summons and complaint and blow your time limits.

Ron Cercone

Expertise

How to handle automobile total loss claims. I am the president of UClaim.com, which sells 29 different eBooks I have written on how to maximize various types of auto, home and business claims and how to get coverage on denied claims. You may view their tables of contents online. Also available are very specialized eBooks such as on EUO (Examination Under Oath) for example. Also available is an assortment of policy forms used by the most popular insurers. The eBooks have a money back guarantee and currently include personal consultation with Ron Cercone.

Experience

I have been adjusting insurance claims since 1980. 1980 to 1995 adjusting for many insurers (6 years as an independent adjuster with my own company). Currently working as a public adjuster in California, since 1995. I'm one of the few public adjusters who has handled automobile damage and total loss claims.

Organizations
CAPIA (California Association of Public Adjusters).

Education/Credentials
BA 1975 in History and Industrial Arts. Full CV at UClaim.com .

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