Hi,
I have two questions regarding a suit I have filed against someone in Small Claims Court.
First, this person has homeowner’s insurance and there is a claim open for the injury I sustained that they are responsible for. I filed the small claims petition because the time was running out and the insurance company wasn’t taking care of anything (bills). If I win a judgment, is the homeowner responsible or will the homeowner pass the judgment over to the insurance company to pay? I have no chance of the homeowner actually honoring a judgement.
Second, in our state the max. amount in small claims was raised from $5,000 $10,000 in 2006. My injury was prior to this, am I limited to the $5,000 or can I sue for $10,000?
The clerk couldn’t answer these questions - she told me to find out and submit an amended petition. Thank you so very much!!
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I guess my first question to you would be why did you wait so long to file a claim against the negligent party? When dealing with injury cases you have up to 2 years to file a claim as you probably already know. The fact that their insurance company would not try to settle this out of court is typical. When you file in small claims court you have certain maxes as too you have already found out. My suggestion would be to contact an attorney that deals with these sorts of cases. This type of attorney would be a personal injury attorney.
If you decide to handle the case without an attorney and you filed the case prior to the decrease, than I would assume you can sue for 10,000. However, because these laws vary from state to state, I can’t tell you what you can sue for unless you tell us the state you are filing from.