Expert: Richard Hixenbaugh - 4/8/2011

Question
I live in El Paso, Texas, and I wanted to file a small claims against State Farm Insurance.  The problem is that I cannot find the address or phone number to put on the form.  I have the name of the claims adjuster and the name of my agent, but I do not know who to send it to.  The bigger issue is that, depending on who I send it to, that will dictate what office I need to file the claim at.  The claims adjuster is in Dallas but I know that I can file the claim In El Paso and have the case heard here in my city, but I don't know who, or how to do it.  I need to know what small claims office I need to go to so I can get this set up for court.  I know this can be done because a friend of mine went through the process but does not remember the address.  I went to the same Justice of the Peace that he used but they told me that if the claims adjuster is in Dallas I have to go there.  I know this is incorrect but they won't help.

Answer
Hi Aaron,

Unfortunately, you did not provide any of the details of your case, but I will try to do my best.

If someone else was at fault for the accident and State Farm is their insurance company, then you would have to file the case against the person who was at fault not State Farm.

You can only file suit against your own insurance company if they are not doing something they are supposed to do under the policy or if they are incorrectly denying a claim.

So if State Farm is the other persons insurance company then you would file your law suit against the at-fault person. In most cases you would do that in the county where the person you are suing resides.

If you have any further questions regarding this matter you should direct them to a local attorney.

I hope this helps
Richard Hixenbaugh