Can I take an out of state company to small claims court in my state?

[cruz50]

An out- of- state truck driver damaged the side of my car when he carelessly swerved into my lane without any type of signal/warning. I did get the trucking co. name before pulling off the road to call the police (truck did not stop). The police were called and came to the scene and wrote up the report.
the company at first said their insurance co. would call me but now they deny they are at fault, hang-up the phone,etc.
Can I take them to small-claims court ?

[delron72]

An out- of- state truck driver damaged the side of my car when he carelessly swerved into my lane without any type of signal/warning. I did get the trucking co. name before pulling off the road to call the police (truck did not stop). The police were called and came to the scene and wrote up the report.
the company at first said their insurance co. would call me but now they deny they are at fault, hang-up the phone,etc.
Can I take them to small-claims court ?

You can sue anyone you want to. That being said, it may not do you any good. You would have to present evidence and win the case. Yes, you can file the small claims case in your state.

I would try filing a claim with your insurance company first. They can then go after the other party for damages - this process is called subrogation. If you don't have collision insurance, then I recommend filing a claim with their insurance company directly. Don't call the truck company, call their insurance company. They will be obligated to investigate. If they accept liability they will then work with you to fix your damages.

Good luck.

[rumford]

Yes. The California Small Claims Court allows for out of state service of defendants who operate motor vehicles on California highways and injury people or property. For most Small Claims cases in California, you must be able to physically serve your defendant in the state. But automobile accidents and property owners who live out of state are the two exceptions.

Don't worry about the insurance company denying liability/fault. They are a private business and it is there job to make a reasonable effort to determine whether their insured is liable/at fault. They will find any reason to deny liability/fault. It is not a finding or decision that is binding on the court. Think of it this way... If you were to ask you mom, "Am I at fault?" She would respond, "Of course not honey." Insurance companies are the same way. They usually ask, "Were there any witnesses?" If that answer to that question is no, then you can be sure that they will deny liability.

Go forward and sue!