by Frekals » Tue Jan 04, 2011 10:06 pm
I made a claim with a construction companies insurance. They denied it. I am planning on taking them to small claims court.
What are the odds they settle out of court?
(claim est. value $950.00)
If I sue the construction company. What are the odds or do they have to submit it to their insurance company?
If they submit it to their insurance company who will come to court to defend them?
(lawyers are not allowed and the info I have come accross state that adjusters are not allowed either)
What are the odds they settle out of court?
(claim est. value $950.00)
If I sue the construction company. What are the odds or do they have to submit it to their insurance company?
If they submit it to their insurance company who will come to court to defend them?
(lawyers are not allowed and the info I have come accross state that adjusters are not allowed either)
Posted: Wed Jan 05, 2011 04:33 am Post Subject:
What are the odds you will win a suit against someone that no one here knows a single thing about? How about 50/50... maybe. You might win if you can meet the burden of proof required.
As far as I know SCC does not bar attorneys in certain situations but I could be wrong and this could differ from state to state. What if the attorney works at the company? What I can say is that the same rules that apply in higher courts don't apply in SCC. Things like discovery still do but this is usually not done and the rules are much more relaxed.
If the insurance company feels like offering a good defense they will make an attempt to move the case into a higher court where they can have an attorney try the case. Given that its only $950 they may just allow their insured to argue the case and accept the verdict.
Just don't think you can walk in unprepared and win. You still need to _prove_ your case.
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