Small claims court - Mike Felder Insurance

1647 Willow Pass Rd, Suite 347, Concord, CA 94520
Phone Toll free in California 800-7-CYCLES
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MIKE FELDER'S INSURANCE COLUMN CITYBIKE POTPOURRI This is one of those articles that require some sort of disclaimer so here it is....This article is not meant to represent any kind of legal advise either expressed or implied. All matter pertaining to the law should be discussed with either an attorney or the California Small Claims Court. This month, I received three calls pertaining to the same item. I thought it would e a good article. Hopefully, I will right. Several of us have either a cycle that is pretty old or a second or third machine. Whatever the case, many of us choose only to purchase liability insurance. In other words, we have no coverage for damages to our own cycle, just coverage for damages we do outward. Every now and then, we have become victims of someone who has accidentally knocked the cycle over, scratched it, dented it or so on. Sometimes, the collection of monies from the culprit have been made difficult and people wonder what to do. Enter.....California's small claims court!! Small Claims Court was set up to help the "little guy" get his time in court without to much expense or frustration. It is really a great arrangement. Judge Wapner and his famous "People's Court" have done more for small claims than the best Madison Avenue advertising company could have. But setting all jokes aside, it made most of us aware of the fact that we could enter into court, state our complaint and get legal results pretty quickly. Several people I have spoken with all had damage done to their cycles. One case was from loaning it out. The person said they would pay for all damages done if they hurt it. He changed his mind when he saw what the cost of his damages were. Another person had his cycle knocked over by someone walking down the street. Another had their cycle knocked over by the person parking in the next space at their apartment. In each case, the cycle owner wanted the other party to pay for the damages they did to the cycle. In each case, the other party grew less and less willing to do so. It was becoming a battle in each case. To sue in small claims is very simple. One simply needs to go down to their local small claims court and file. The fee for filing is reasonable (usually under $50) and can be added to the amount you are suing for. Small claims does not permit all the pain and suffering stuff to be added to the amount. You can only sue for the amount of damage to the cycle (get a repair estimate from the dealer) and filing fees and serving fees. But, before you file, you must make a demand for the money from the other person. This is done solely by writing a letter saying something to the effect of......you damaged my bike....here is an estimate.....pay me.....if I don't hear from you within ten days, I'll pursue this in court. Send it certified receipt. Then when you file in court, you can answer "YES" to the question "Did you make a demand for payment?". You will get a date from the court to hear your case. It usually goes pretty simple. You explain that he/she did this/that to your cycle.....here is the estimate...I asked him/her for the money....they refused.......I want to compensated for the damages. The other side tells their side and the judge rules. While most of this was simplified, it is relatively accurate of the system. There are small claim advisers to help you (they are free!), attorneys are not allow to appear on your behalf, OR THEIRS, and the judgement is legal. And, you can sue for up to a couple of thousand bucks! Check into it. They were set up solely for your use in small matters. Over the years I have known many people who have used it and won their cases. In many cases, just the fear of having to go to court has made the other party realize their error and pay immediately. Don't let anyone get away with hurting your cycle. Like they say on "People's Court, Don't take the law into your hands...take it to the People's Court!!"

Information in this article is probably correct as of the date it was written. Please check with your insurance agent or call Mike at 800-729-2537 before you make any life changing decisions based on what you read here. Comments are always welcome.