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sued in small claims court for $10K for auto accident

California. my insurance company, Geico, denied all bodily i...
Adventurous hot trailer park
  09/20/20
Definitely get it tossed. No jurisdiction means you win. ...
Maize trip hissy fit heaven
  09/20/20
limit is $10K now, but $7.5K for auto accidents if you have ...
Adventurous hot trailer park
  09/20/20
They either need to lower their demand or refuel in civil co...
Maize trip hissy fit heaven
  09/20/20
what i don't know is if i show up in court, can the small cl...
Adventurous hot trailer park
  09/20/20
Probably yes. Doesn’t really matter what happens in sm...
Maize trip hissy fit heaven
  09/20/20
Could backfire if they just transfer you to superior court. ...
Fantasy-prone Business Firm Private Investor
  09/20/20
Well Geico will try to avoid a judgment, even if that means ...
Razzmatazz cerise office
  09/20/20
Does small claims mean insurance defense counsel can't appea...
Marvelous dingle berry half-breed
  09/20/20
right. sometimes insurance companies will send reps, but i'v...
Adventurous hot trailer park
  09/20/20
I would be so pissed
Marvelous dingle berry half-breed
  09/20/20
probably going to switch insurance companies after this. for...
Adventurous hot trailer park
  09/20/20
http://www.xoxohth.com/thread.php?thread_id=4603709&mc=1...
Rusted provocative library mother
  09/20/20
...
Adventurous hot trailer park
  09/20/20
Will geico hire a biomechanics expert to issue a report for ...
garnet seedy international law enforcement agency ape
  09/20/20
...
Adventurous hot trailer park
  09/20/20


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Date: September 20th, 2020 1:10 PM
Author: Adventurous hot trailer park

California. my insurance company, Geico, denied all bodily injury claims (surprise, because they're soft tissue and based solely on chiro treatment). i am completely at fault, and told them that. there is zero chance there was any actual injury, but that doesn't matter. $10K claim, and i have $150K per incident policy limits plus an umbrella with them.

plaintiff has counsel but is self-repped in small claims court. assume he will have a translator there because he only speaks spanish.

i'm pissed they even let the other party file suit. i already told them to settle it.

how do i pressure Geico to settle this and make it go away? i don't want to have to go to court and i don't want a judgment entered against me.

also, can i get this tossed from small claims for being above $7.5K and force them into civil court, or to reduce their claim? any advantage in doing that?

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954247)



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Date: September 20th, 2020 1:16 PM
Author: Maize trip hissy fit heaven

Definitely get it tossed. No jurisdiction means you win.

116.224. (a) Notwithstanding Section 116.221, the small claims court has jurisdiction in an action brought by a natural person for damages for bodily injuries resulting from an automobile accident if the amount of the demand does not exceed seven thousand five hundred dollars ($7,500).



(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954271)



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Date: September 20th, 2020 1:21 PM
Author: Adventurous hot trailer park

limit is $10K now, but $7.5K for auto accidents if you have liability insurance with a duty to defend

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954285)



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Date: September 20th, 2020 1:24 PM
Author: Maize trip hissy fit heaven

They either need to lower their demand or refuel in civil court

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954294)



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Date: September 20th, 2020 1:26 PM
Author: Adventurous hot trailer park

what i don't know is if i show up in court, can the small claims judge just award $7.5K instead of their $10K demand? it's the real life version of Judge Judy, so i assume they can.

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954302)



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Date: September 20th, 2020 1:47 PM
Author: Maize trip hissy fit heaven

Probably yes. Doesn’t really matter what happens in small claims court because everything is appealable to the regular court.

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954388)



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Date: September 20th, 2020 1:59 PM
Author: Fantasy-prone Business Firm Private Investor

Could backfire if they just transfer you to superior court. Most superior courts (all?) have a fast track procedure for claims under a certain amt

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954434)



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Date: September 20th, 2020 1:12 PM
Author: Razzmatazz cerise office

Well Geico will try to avoid a judgment, even if that means making payment without appeal conditioned on a full dismissal order after the trial. But I don’t know I don’t practice in a PI paradise so this isn’t legal advice.

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954256)



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Date: September 20th, 2020 1:13 PM
Author: Marvelous dingle berry half-breed

Does small claims mean insurance defense counsel can't appear for you?

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954259)



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Date: September 20th, 2020 1:14 PM
Author: Adventurous hot trailer park

right. sometimes insurance companies will send reps, but i've been told that's way down since covid. i still have to personally appear either way though.

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954263)



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Date: September 20th, 2020 1:15 PM
Author: Marvelous dingle berry half-breed

I would be so pissed

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954268)



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Date: September 20th, 2020 1:17 PM
Author: Adventurous hot trailer park

probably going to switch insurance companies after this. forgot who CSLG recommended.

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954272)



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Date: September 20th, 2020 1:19 PM
Author: Rusted provocative library mother

http://www.xoxohth.com/thread.php?thread_id=4603709&mc=19&forum_id=2

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954277)



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Date: September 20th, 2020 1:22 PM
Author: Adventurous hot trailer park



(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954288)



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Date: September 20th, 2020 1:56 PM
Author: garnet seedy international law enforcement agency ape

Will geico hire a biomechanics expert to issue a report for you

(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40954424)



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Date: September 20th, 2020 5:09 PM
Author: Adventurous hot trailer park



(http://www.autoadmit.com/thread.php?thread_id=4629118&forum_id=2#40955439)